Western Australian Current Acts Western Australian Current Acts (1) This section
applies to —
(a) any
action, arbitration or proceeding or cause of action, arbitration or
proceeding which is at the commencement time pending or existing by, against,
or in favour of, Challenge; and
(b) any
cause of action, arbitration or proceeding by, against, or in favour of,
Challenge, which arises after the commencement time in respect of a contract
made by Challenge before the commencement time or which arises in respect of
anything done or omitted to be done by Challenge before the commencement time,
but does not apply to
any action, arbitration or proceeding or to any cause of action relating to
—
(c) an
excluded asset;
(d) the
employment of a Challenge employee; or
(e) a
provident, benefit, superannuation or retirement fund relating to Challenge
employees.
(2) Any action,
arbitration or proceeding and any cause of action, arbitration or proceeding
to which this section applies, is not abated or discontinued or in any way
prejudicially affected by reason of this Act, and may, without any further
act, deed or instrument other than any appropriate amendment of the records of
the relevant court or tribunal, be prosecuted and continued and enforced by or
against Westpac, in its own name as and when it might have been prosecuted,
continued and enforced by or against Challenge if this Act had not been
enacted.
(3) Despite subsection
(2), the court, tribunal or other person making or entering any judgment,
order or award for the payment of any sum of money, whether ascertained or to
be ascertained, against Westpac in any legal or arbitral proceeding to which
this section applies may, at the request of any party in whose favour the
judgment, order or award is being made or entered, make or enter the judgment,
order or award against both Challenge and Westpac, and the judgment, order or
award may, when so made or entered, be enforced against both Challenge and
Westpac.