Industrial Relations Regulation 2018
sec.143Effect of withdrawal on pending proceedings
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sec.143 Effect of withdrawal on pending proceedings
This section applies if— an amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day for the newly registered organisation, a party to a proceeding in a court or tribunal; and the proceeding was— pending on the withdrawal day; and wholly or partly about the constituent members’ interests. From the withdrawal day, the newly registered organisation— if the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or if the proceeding was partly about the constituent members’ interests—becomes a party. From the withdrawal day, the newly registered organisation has the same rights and obligations as the amalgamated organisation. (sec.143-ssec.1) This section applies if— an amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day for the newly registered organisation, a party to a proceeding in a court or tribunal; and the proceeding was— pending on the withdrawal day; and wholly or partly about the constituent members’ interests. (sec.143-ssec.2) From the withdrawal day, the newly registered organisation— if the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or if the proceeding was partly about the constituent members’ interests—becomes a party. (sec.143-ssec.3) From the withdrawal day, the newly registered organisation has the same rights and obligations as the amalgamated organisation.
- (a) an amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day for the newly registered organisation, a party to a proceeding in a court or tribunal; and
- (b) the proceeding was— (i) pending on the withdrawal day; and (ii) wholly or partly about the constituent members’ interests.
- (i) pending on the withdrawal day; and
- (ii) wholly or partly about the constituent members’ interests.
- (i) pending on the withdrawal day; and
- (ii) wholly or partly about the constituent members’ interests.
- (a) if the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or
- (b) if the proceeding was partly about the constituent members’ interests—becomes a party.