Section 1382 — Corporations Act 2001: Definitions

(1) In this Division: appeal or review proceeding, in relation to an order of a court, means a proceeding by way of appeal, or otherwise seeking review, of the order. enforcement proceeding, in relation to an order made by a court, means: (a) a proceeding to enforce the order; or (b) any other proceeding in respect of a breach of the order. federal corporations proceeding means a proceeding of any of the following kinds that, immediately before the commencement, was before a court: (a) a proceeding in respect of a matter arising under the Administrative Decisions (Judicial Review) Act 1977 involving or related to a decision made under a provision of the old corporations legislation of a State or Territory in this jurisdiction; (b) a proceeding for a writ of mandamus or prohibition, or an injunction, against an officer or officers of the Commonwealth (within the meaning of section 75 of the Constitution) in relation to a matter to which a provision of the old corporations legislation of a State or Territory in this jurisdiction applied; (ba) a proceeding that relates to a matter to which a provision of the Corporations Act 1989 applied (other than a proceeding that relates to a matter to which a provision of the Corporations Law of the Australian Capital Territory applied); (bb) a proceeding in relation to a matter to which a provision of the old corporations legislation of a State or Territory in this jurisdiction applied: (i) in which the Commonwealth was seeking an injunction or a declaration; or (ii) to which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, was a party; (bc) any other proceeding in relation to a matter to which a provision of the old corporations legislation of a State in this jurisdiction applied that was in the exercise of federal jurisdiction; (bd) any other proceeding in relation to a matter to which a provision of the old corporations legislation of a Territory in this jurisdiction applied that would be covered by paragraph (bc) if the Territory had been a State; (c) a proceeding in the court’s accrued federal jurisdiction in relation to a matter to which a provision of the old corporations legislation of a State or Territory in this jurisdiction applied. interlocutory application means an application that: (a) is made during the course of a proceeding; and (b) is for an order that is incidental to the principal object of that proceeding, including, for example: (i) an order about the conduct of that proceeding; or (ii) an order assisting a party to that proceeding to present their case in that proceeding; or (iii) an order protecting or otherwise dealing with property that is the subject matter of that proceeding; but not including an order making a final determination of existing rights or liabilities. interlocutory order means: (a) an order made in relation to an interlocutory application; or (b) an order or direction about the conduct of a proceeding. interlocutory proceeding means a proceeding: (a) dealing only with; or (b) to the extent it deals with; an interlocutory application. primary proceeding means a proceeding other than an interlocutory proceeding. proceeding means a proceeding, whether criminal or civil, before a court. (2) For the purposes of this Part, if an interlocutory proceeding relates to a proceeding that is itself an interlocutory proceeding, the first-mentioned proceeding is taken to relate also to the primary proceeding to which the second-mentioned proceeding relates.