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FEDERAL COURTS (STATE JURISDICTION) ACT 1999 - SECT 9
Section 6 regarded as having ceased to have effect in certain cases
9 Section 6 regarded as having ceased to have effect in certain cases
(1) If— (a) before the commencement of this section, a court gave or
recorded an ineffective judgment (the
"new judgment" ) on the basis that an earlier ineffective judgment (the
"earlier judgment" ) was or might be of no effect; and
(b) the new judgment
replaced the earlier judgment,
section 6 has no effect in respect of the
earlier judgment.
(2) For the purposes of subsection (1) (b) , the
new judgment replaced the earlier judgment if the new judgment— (a)
purportedly conferred or imposed rights or liabilities similar to or different
from those purportedly conferred or imposed by the earlier judgment; or
(b)
purportedly affected rights or liabilities in a way similar to or different
from the way in which they were purportedly affected by the earlier judgment.
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