Hearing Services and AGHS Reform Act 1997 (82 of 1997)

Part 2   Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)

Division 2   Transfers from the Commonwealth to the nominated company

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.