16Pending proceedings

#### 16 Pending proceedings 16 Pending proceedings > > (1) Subject to the rules, and unless the Court otherwise orders, this Act does not apply to, and the repeals and amendments made by this Act do not affect, any proceedings commenced in the Court before the commencement of this Act. > > > (2) In particular, but without limiting the generality of subsection (1), subject to the rules, and unless the Court otherwise orders, in the case of any proceedings commenced in the Court before the commencement of this Act, this Act does not apply to, and the repeals and amendments made by this Act do not affect— > > > > > (a) the completion after the commencement of this Act of any step in the proceedings taken before the commencement of this Act, or > > > > > (b) the taking and completion after the commencement of this Act of any step in the proceedings. > > > (3) Notwithstanding subsections (1) and (2)— > > > > > (a) sections 10 and 98 apply to proceedings commenced in the Court before the commencement of this Act, > > > > > (b) any person held in custody on the date of commencement of this Act under any attachment or committal (otherwise than for contempt of court) or under any writ of capias ad respondendum or writ of ne exeat or otherwise on mesne process or under any writ of capias ad satisfaciendum shall, unless there is other lawful warrant for holding the person in custody, be discharged from custody on the date of commencement of this Act, and > > > > > (c) no writ of foreign attachment under Part 20 of the [Common Law Procedure Act 1899](/view/pdf/asmade/act-1899-21) shall be issued after the commencement of this Act. > > > (4) For the purposes of this section— > > > > > (a) the expression proceedings includes— > > > > > > > (i) any cause, suit, application or matter in or before the Court or for decision or determination by the Court or any Judge of the Court, and > > > > > > > (ii) any appeal from, or other means of review (whether by way of stated case, statutory prohibition or otherwise) of, any decision or determination of any court, tribunal or person, > > > > > (b) the expression judgment includes any rule, decree or order, and > > > > > (c) the expression step includes— > > > > > > > (i) the entry or other perfecting of any judgment, > > > > > > > (ii) an appeal to the Court of Appeal, > > > > > > > (iii) an application for a new trial or for judgment notwithstanding a verdict, > > > > > > > (iv) a motion in arrest of judgment, > > > > > > > (v) a new trial, > > > > > > > (vi) the punishment of contempt in connection with the proceedings, > > > > > > > (vii) any thing done or to be done by way of execution or enforcement of a judgment in the proceedings, > > > > > > > (viii) interpleader by any person having the execution of a judgment in the proceedings, > > > > > > > (ix) an application for a stay of proceedings, > > > > > > > (x) any thing done or to be done in consequence of an appeal to Her Majesty in Council or to the High Court of Australia, > > > > whether before or after final judgment. > > > (5) The Court may make orders under this section on application by a party or of its own motion. > > **s 16:** Am 1972 No 41, sec 3 (d); 1994 No 32, Sch 3.