Commonwealth Numbered Acts

RAILWAY AGREEMENT (ADELAIDE TO CRYSTAL BROOK RAILWAY) ACT 1980 No. 123, 1980 - SECT 11

11. (1) Where a proceeding has been instituted by or against South Australia,
the Transport Authority or a State Authority-

   (a)  in respect of land referred to in section 6, before the date on which
        that land vests in the Commission; or

   (b)  in respect of property referred to in the Fourth Schedule to the
        Agreement, before the operative date, but the proceeding so instituted
        has not been completed before that date, the court in which the
        proceeding was instituted shall, on and after that date, substitute
        the Commission for South Australia, the Transport Authority or that
        State Authority as the plaintiff or defendant, as the case may be, in
        the proceeding.

(2) Where a proceeding in respect of a liability or obligation to which the
Commission is made subject by this Act on the operative date has been
instituted against the State, the Transport Authority or a State Authority
before that date but has not been completed before that date, the court in
which the proceeding was instituted shall, on or after that date, substitute
the Commission for South Australia, the Transport Authority or that State
Authority as the defendant in the proceedings.

(3) In this section, a reference to the plaintiff or to the defendant in
relation to a proceeding by way of a cross-proceeding shall be read as a
reference to the plaintiff or the defendant, as the case may be, in the
cross-proceeding.