QLDIn ForceAct
Corporations (Queensland) Act 1990
sec.96CEffect of decision that court did not have jurisdiction
Start here
Get a plain-English read of sec.96C
Turn the raw legal text into a practical explanation grounded in Corporations (Queensland) Act 1990.
### sec.96C Effect of decision that court did not have jurisdiction
This section applies if—
before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of Queensland were commenced in a court (the first court ) other than the Court; and
the first court, or another court on appeal from a decision of the first court, decided before the jurisdiction commencement that the first court did not have jurisdiction in respect of the matter; and
the decision that the first court did not have jurisdiction still stands at the jurisdiction commencement; and
the first court would have had jurisdiction in respect of the matter if the jurisdiction amendments had commenced before the cause of action arose.
The validity of the decision that the first court did not have jurisdiction is not affected by the jurisdiction amendments.
The decision does not affect a recommencement of the proceedings after the jurisdiction commencement.
s 96C ins 1995 No. 26 s 21
(sec.96C-ssec.1) This section applies if— before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of Queensland were commenced in a court (the first court ) other than the Court; and the first court, or another court on appeal from a decision of the first court, decided before the jurisdiction commencement that the first court did not have jurisdiction in respect of the matter; and the decision that the first court did not have jurisdiction still stands at the jurisdiction commencement; and the first court would have had jurisdiction in respect of the matter if the jurisdiction amendments had commenced before the cause of action arose.
(sec.96C-ssec.2) The validity of the decision that the first court did not have jurisdiction is not affected by the jurisdiction amendments.
(sec.96C-ssec.3) The decision does not affect a recommencement of the proceedings after the jurisdiction commencement.
- (a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of Queensland were commenced in a court (the first court ) other than the Court; and
- (b) the first court, or another court on appeal from a decision of the first court, decided before the jurisdiction commencement that the first court did not have jurisdiction in respect of the matter; and
- (c) the decision that the first court did not have jurisdiction still stands at the jurisdiction commencement; and
- (d) the first court would have had jurisdiction in respect of the matter if the jurisdiction amendments had commenced before the cause of action arose.