Section 97 — Property (Relationships) Act 1976: Transitional provisions applying on and from 1 February 2002

97 Transitional provisions applying on and from 1 February 2002 (1) If— (a) proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and (b) the hearing of the proceedings commenced before 1 February 2002,— the proceedings continue as if the Property (Relationships) Amendment Act 2001 had not been passed, unless the parties agree to the proceedings being continued under this Act as amended by the Property (Relationships) Amendment Act 2001 . (2) If— (a) proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and (b) the hearing of the proceedings had not commenced before 1 February 2002,— the proceedings continue under this Act as amended by the Property (Relationships) Amendment Act 2001 . (3) If proceedings were commenced under the Matrimonial Property Act 1963 on or after 1 February 1977 and before 1 February 2002 by— (a) the surviving spouse against the deceased spouse's personal representative; or (b) the deceased spouse's personal representative against the surviving spouse; or (c) the personal representative of 1 spouse against the personal representative of the other spouse,— the proceedings continue as if this Act had not repealed the Matrimonial Property Act 1963, whether or not the hearing of the proceedings commenced before 1 February 2002. (4) If, before 1 February 2002,— (a) proceedings were commenced while both spouses were alive; and (b) the hearing of the proceedings did not commence; and (c) 1 spouse dies or both spouses die,— the proceedings continue under this Act, except sections 61 to 95 , as amended by the Property (Relationships) Amendment Act 2001 , as if the spouse or spouses had not died. (5) If, before 1 February 2002,— (a) proceedings were commenced while both spouses were alive; and (b) the hearing of the proceedings commenced; and (c) 1 spouse dies or both spouses die,— the proceedings continue under this Act, as if this Act had not been amended by the Property (Relationships) Amendment Act 2001 , and as if the spouse or spouses had not died. (6) If proceedings were commenced in the High Court before 1 February 2002, the proceedings continue in that Court, whether or not the hearing of the proceedings commenced before 1 February 2002. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions.