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FAMILY COURT OF WESTERN AUSTRALIA (ORDERS OF REGISTRARS) ACT 1997 - SECT 8

Section 5 regarded as having ceased to have effect in certain cases

  (1)   If:

  (a)   before the commencement of this Act, a court, in the exercise of its federal family jurisdiction, made an order (the new order ) on the basis that an ineffective order of the kind referred to in subsection   4 (2) was or might be invalid; and

  (b)   the new order replaced the ineffective order (see subsection   ( 2));

section   5 is to be regarded as having ceased to have effect in respect of the ineffective order when the new order took effect.

  (2)   For the purposes of subsection   ( 1), the new order replaced the ineffective order if the new order:

  (a)   conferred or imposed rights or liabilities similar to or different from those purportedly conferred or imposed by the ineffective order; or

  (b)   affected rights or liabilities in the same way as they were purportedly affected by the ineffective order or in a different way.

  (3)   If:

  (a)   before the commencement of this Act, a court, in the exercise of its federal family jurisdiction, made an order or decision (the new order or decision ) on the basis that the registration decision in relation to an ineffective order of the kind referred to in subsection   4 (3) was or might be invalid; and

  (b)   the new order or decision replaced the ineffective order (see subsection   ( 4));

section   5 is to be regarded as having ceased to have effect in respect of the ineffective order when the new order or decision took effect.

  (4)   For the purposes of subsection   ( 3), the new order or decision replaced the ineffective order if:

  (a)   it was an order:

  (i)   conferring or imposing rights or liabilities similar to or different from those purportedly conferred or imposed by the ineffective order; or

  (ii)   affecting rights or liabilities in the same way as they were purportedly affected by the ineffective order or in a different way; or

  (b)   it was a decision to register the same or a different parenting plan under section   6 3E of the Family Law Act 1975 .



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