Court documents in wrong form do not invalidate proceedings or decisions
75 Court documents in wrong form do not invalidate proceedings or decisions
This section applies if —
a document lodged, served or issued in a cross‑border proceeding of a prescribed court of the State (the State court) is in the form of a court document of a prescribed court of another participating jurisdiction (the interstate court); and
the person who is the subject of the proceeding has a connection with a cross‑border region that is partly in that other jurisdiction for the purposes of the proceeding.
The proceeding or a decision in the proceeding cannot be challenged, appealed against, quashed or called into question on the ground that the document is in the form of a court document of the interstate court.
The State court may, on an application made by a party to the proceeding or on its own initiative, order that a document in the form of a court document of the State court be lodged, served or issued (as the case requires) instead of the document referred to in subsection (1)(a).
A document lodged, served or issued under subsection (3) is taken to have been lodged, served or issued on the day on which, and at the time at which, the document referred to in subsection (1)(a) was lodged, served or issued.
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