Sch 1 (National Credit Code), s 81
In forceJoinder of parties
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 6Compliance and enforcement
Part 6-3ASearch warrants
Division 1Introduction
81 Joinder of parties
(1)
If it appears to the court that a person other than a credit provider or a mortgagee (a third party) has shared in the profits of, or has a beneficial interest prospectively or otherwise in, a credit contract or mortgage that the court holds to be unjust, the court may make an order about the third party that the court considers appropriate.
(2)
However, before making an order about the third party, the court must:
(a)
join the third party as a party to the proceedings; and
(b)
give the third party an opportunity to appear and be heard in the proceedings.
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