Substitution of Commonwealth as a party to certain pending proceedings
5 Substitution of Commonwealth as a party to certain pending proceedings
If:
any proceedings to which the ASDA was a party were pending in any court or tribunal immediately before the transition time; and
the proceedings were, or were related to:
proceedings taken by the ASDA in the exercise of a right that is vested in the Commonwealth by item 2; or
proceedings taken against the ASDA in respect of a liability that is vested in the Commonwealth by item 3;
the Commonwealth is substituted for the ASDA, from the transition time, as a party to the proceedings.
To avoid doubt, if:
any proceedings to which the ASDA was a party were pending in any court or tribunal immediately before the transition time; and
the proceedings were not, and were not related to:
proceedings taken by the ASDA in the exercise of a right that is vested in the Commonwealth by item 2; or
proceedings taken against the ASDA in respect of a liability that is vested in the Commonwealth by item 3;
section 25B of the Acts Interpretation Act 1901 applies in relation to the proceedings.
After the transition time, the ASADA will be a party to the proceedings. This is because the body corporate that is the ASDA continues in existence as the ASADA after the transition time (see section 20 of the ASADA Act and section 25B of the Acts Interpretation Act 1901).
The regulations may determine that one of subitems (1) and (2), rather than the other of those subitems, applies in relation to a particular proceeding or a class of proceedings.
Part 3-References to ASDA etc.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.