9Powers of courts in relation to declared rights and liabilities

9 Powers of courts in relation to declared rights and liabilities

(1) A court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by section 5 as if it were a right or liability conferred, imposed or affected by an order made by the Family Court of Western Australia in the exercise of its federal family jurisdiction in or in relation to the proceedings for the order. (2) In addition to its powers under subsection (1), a court also has power to make an order achieving any other result that could have been achieved if:

(a) the ineffective order had been an order made by the Family Court of Western Australia in the exercise of its federal family jurisdiction in or in relation to the proceedings for the order; and

(b) the court had been considering whether to vary, revoke, set aside, revive or suspend that order.

(3) This section has effect in relation to an ineffective order of the kind referred to in subsection 4(3) subject to the same conditions and limitations as apply under the Family Law Act 1975 in relation to provisions of registered parenting plans having effect as orders.

Note: See, for example, the conditions and limitations specified in sections 63F and 63G of the Family Law Act 1975.