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FEDERAL MAGISTRATES ACT 1999 - SECT 57
Formal defects not to invalidate
- (1)
- Proceedings in the Federal Magistrates Court are not invalidated by a
formal defect or an irregularity, unless the Federal Magistrates Court is of
opinion that:
- (a)
- substantial injustice has been caused by the defect or irregularity; and
- (b)
- the injustice cannot be remedied by an order of the Federal Magistrates
Court.
- (2)
- The Federal Magistrates Court or a Federal Magistrate may, on such
conditions (if any) as the Federal Magistrates Court or Federal Magistrate
thinks fit, make an order declaring that the proceeding is not invalid:
- (a)
- by reason of a defect that it or he or she considers to be formal; or
- (b)
- by reason of an irregularity.
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