Commonwealth Consolidated Acts

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HEARING SERVICES AND AGHS REFORM ACT 1997 - SECT 15

Transfer of pending proceedings

  (1)   This section applies if, as a result of a declaration made by the Minister under this Division, a person (the successor ) becomes the successor in law of another person (the original person ) at a particular time in relation to a particular asset, liability, right, benefit or obligation.

  (2)   If any proceedings to which the original person was a party:

  (a)   were pending in any court or tribunal immediately before that time; and

  (b)   related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;

then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.



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