sec.272Existing notices calling on claimants and potential claimants to take legal proceedings etc.

sec.272 Existing notices calling on claimants and potential claimants to take legal proceedings etc.

This section applies in relation to a claim mentioned in the repealed Act, section 68(1) if— before the commencement, a trustee served a notice under the repealed Act, section 68(1) calling on the claimant or a person who may become a claimant, within a period of 6 months from the date of service of the notice, to take legal proceedings to enforce the claim and also to prosecute the proceedings with all due diligence; and immediately before the commencement— the period of 6 months had not ended; or the claimant or other person had not complied with the notice. The repealed Act, section 68 continues to apply in relation to the claim, and a proceeding started under the repealed Act, section 68(2) must be heard and decided as if this Act had not been enacted. However, for deciding the proceeding, the reference in the repealed Act, section 68(3)(a) to barring the claim is taken to be a reference to barring the claim (including for all purposes). (sec.272-ssec.1) This section applies in relation to a claim mentioned in the repealed Act, section 68(1) if— before the commencement, a trustee served a notice under the repealed Act, section 68(1) calling on the claimant or a person who may become a claimant, within a period of 6 months from the date of service of the notice, to take legal proceedings to enforce the claim and also to prosecute the proceedings with all due diligence; and immediately before the commencement— the period of 6 months had not ended; or the claimant or other person had not complied with the notice. (sec.272-ssec.2) The repealed Act, section 68 continues to apply in relation to the claim, and a proceeding started under the repealed Act, section 68(2) must be heard and decided as if this Act had not been enacted. (sec.272-ssec.3) However, for deciding the proceeding, the reference in the repealed Act, section 68(3)(a) to barring the claim is taken to be a reference to barring the claim (including for all purposes).

• (a) before the commencement, a trustee served a notice under the repealed Act, section 68(1) calling on the claimant or a person who may become a claimant, within a period of 6 months from the date of service of the notice, to take legal proceedings to enforce the claim and also to prosecute the proceedings with all due diligence; and
• (b) immediately before the commencement— (i) the period of 6 months had not ended; or (ii) the claimant or other person had not complied with the notice.
• (i) the period of 6 months had not ended; or
• (ii) the claimant or other person had not complied with the notice.
• (i) the period of 6 months had not ended; or
• (ii) the claimant or other person had not complied with the notice.