Effect of absence of decision that court did not have jurisdiction
96D Effect of absence of decision that court did not have jurisdiction
This section applies if—
before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of Queensland were commenced in a court (the first court) other than the Court; and
either—
no court expressly decided, before the jurisdiction commencement, whether the first court had jurisdiction in respect of the matter; or
a decision of the first court, or of another court on appeal from a decision of the first court, that the first court had jurisdiction in respect of the matter still stands at the jurisdiction commencement.
For the purposes of consideration by a court, after the jurisdiction commencement, of whether the first court had jurisdiction in respect of the matter, the first court is taken to have had jurisdiction in respect of the matter if it would have had that jurisdiction if the jurisdiction amendments had commenced before the cause of action arose.
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