Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Proceedings in the Federal Circuit and Family Court of Australia (Division 1) are not invalidated by a formal defect or an irregularity, unless the Court is of the opinion that:
(a) substantial injustice has been caused by the defect or irregularity; and
(b) the injustice cannot be remedied by an order of the Court.
(2) The Federal Circuit and Family Court of Australia (Division 1) or a Judge may, on such conditions (if any) as the Court or Judge thinks fit, make an order declaring that the proceeding is not invalid:
(a) by reason of a defect that it or the Judge considers to be formal; or
(b) by reason of an irregularity.