Commonwealth Numbered Acts

FAMILY COURT OF WESTERN AUSTRALIA (ORDERS OF REGISTRARS) ACT 1997 No. 148 of 1997 - SECT 8

(1) If:

   (a)  before the commencement of this Act, a court, in the exercise of its
        federal family jurisdiction, made an order (the new order) on the
        basis that an ineffective order of the kind referred to in subsection
        4(2) was or might be invalid; and

   (b)  the new order replaced the ineffective order (see subsection (2));
        section 5 is to be regarded as having ceased to have effect in respect
        of the ineffective order when the new order took effect.

(2) For the purposes of subsection (1), the new order replaced the ineffective
order if the new order:

   (a)  conferred or imposed rights or liabilities similar to or different
        from those purportedly conferred or imposed by the ineffective order;
        or

   (b)  affected rights or liabilities in the same way as they were
        purportedly affected by the ineffective order or in a different way.

(3) If:

   (a)  before the commencement of this Act, a court, in the exercise of its
        federal family jurisdiction, made an order or decision (the new order
        or decision) on the basis that the registration decision in relation
        to an ineffective order of the kind referred to in subsection 4(3) was
        or might be invalid; and

   (b)  the new order or decision replaced the ineffective order (see
        subsection (4)); section 5 is to be regarded as having ceased to have
        effect in respect of the ineffective order when the new order or
        decision took effect.

(4) For the purposes of subsection (3), the new order or decision replaced the
ineffective order if:

   (a)  it was an order:

        (i)    conferring or imposing rights or liabilities similar to or
               different from those purportedly conferred or imposed by the
               ineffective order; or

        (ii)   affecting rights or liabilities in the same way as they were
               purportedly affected by the ineffective order or in a different
               way; or

   (b)  it was a decision to register the same or a different parenting plan
        under section 63E of the Family Law Act 1975.