57Formal defects not to invalidate

57 Formal defects not to invalidate

(1) Proceedings in the Federal Circuit Court of Australia are not invalidated by a formal defect or an irregularity, unless the Federal Circuit Court of Australia is of opinion that: (a) substantial injustice has been caused by the defect or irregularity; and (b) the injustice cannot be remedied by an order of the Federal Circuit Court of Australia. (2) The Federal Circuit Court of Australia or a Judge may, on such conditions (if any) as the Federal Circuit Court of Australia or Judge thinks fit, make an order declaring that the proceeding is not invalid: (a) by reason of a defect that it or he or she considers to be formal; or (b) by reason of an irregularity.