Commonwealth Numbered Acts

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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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