sec.92ATRequirement to deal with proceedings and claims

### sec.92AT Requirement to deal with proceedings and claims A retransfer scheme must provide for all of the following— the withdrawn council that is to be Allconnex’s replacement for— a proceeding by or against Allconnex; or a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started; how the withdrawn councils are to receive, process and decide claims for contingent and other liabilities that, other than for this chapter or Allconnex’s dissolution, could have been made against Allconnex; all of the liabilities to be assumed by 1 or more of the withdrawn councils. However, if, under a transition document, Allconnex became a party to a proceeding instead of a withdrawn council, the retransfer scheme must provide that the council is the replacement for the proceeding. Also, if Allconnex is, or may be, a party to a proceeding in the Planning and Environment Court or the Land Court about land, the retransfer scheme must provide that the replacement for the proceeding is the geographically-connected withdrawn council. In this section— liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act. proceeding includes a proceeding that has ended. s 92AT ins 2012 No. 1 s 23 (sec.92AT-ssec.1) A retransfer scheme must provide for all of the following— the withdrawn council that is to be Allconnex’s replacement for— a proceeding by or against Allconnex; or a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started; how the withdrawn councils are to receive, process and decide claims for contingent and other liabilities that, other than for this chapter or Allconnex’s dissolution, could have been made against Allconnex; all of the liabilities to be assumed by 1 or more of the withdrawn councils. (sec.92AT-ssec.2) However, if, under a transition document, Allconnex became a party to a proceeding instead of a withdrawn council, the retransfer scheme must provide that the council is the replacement for the proceeding. (sec.92AT-ssec.3) Also, if Allconnex is, or may be, a party to a proceeding in the Planning and Environment Court or the Land Court about land, the retransfer scheme must provide that the replacement for the proceeding is the geographically-connected withdrawn council. (sec.92AT-ssec.4) In this section— liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act. proceeding includes a proceeding that has ended. - (a) the withdrawn council that is to be Allconnex’s replacement for— (i) a proceeding by or against Allconnex; or (ii) a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started; - (i) a proceeding by or against Allconnex; or - (ii) a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started; - (b) how the withdrawn councils are to receive, process and decide claims for contingent and other liabilities that, other than for this chapter or Allconnex’s dissolution, could have been made against Allconnex; - (c) all of the liabilities to be assumed by 1 or more of the withdrawn councils. - (i) a proceeding by or against Allconnex; or - (ii) a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started;