Legal Aid may direct legally assisted person to take action to recover particular property
37 Legal Aid may direct legally assisted person to take action to recover particular property
Legal Aid may, by written notice, direct a legally assisted person to take action stated in the notice to ensure that property the person is entitled to recover because of a judgment, order, settlement or compromise mentioned in section 36(1) is actually recovered by the person.
If the legally assisted person contravenes the direction, Legal Aid may, by written notice, direct the person to assign the person’s right to recover the property to Legal Aid within 28 days after the day on which the notice is given.
If the legally assisted person contravenes the direction given under subsection (2), at the end of the 28 days—
the person is taken to have assigned the person’s right to recover the property to Legal Aid; and
Legal Aid is taken to stand in place of the legally assisted person, and may use the remedies and, if necessary, the name of the legally assisted person, in a proceeding to recover the property.
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