Conduct of legal proceedings on behalf of consumers
47 Conduct of legal proceedings on behalf of consumers
The
Responsible authority may, on behalf of a consumer and for the purpose of enforcing or protecting the rights of the consumer under this Act (other than the Australian Consumer Law (SA)), a related
Act or some other law, institute, defend or assume the conduct of legal proceedings.
The
Responsible authority must not institute, defend or assume the conduct of legal proceedings pursuant to this section unless the
Responsible authority—
is satisfied that the case raises questions of law affecting the interests of consumers generally or a particular class of consumers or that it is otherwise in the public interest to do so; and
has first obtained the written consent of the consumer and of the
Minister.
The consent of a consumer is irrevocable except with the agreement of the Responsible authority or the Minister.
The consent of the Minister may be given subject to such conditions as the Minister thinks fit.
The
Responsible authority must not institute, defend or assume the conduct of legal proceedings pursuant to this section if the proceedings involve a monetary claim exceeding the prescribed amount.
In subsection (5)—
the prescribed amount means—
where the consumer is or is to be a party to proceedings in the capacity of purchaser or prospective purchaser of premises—$100 000 or such greater amount as may be prescribed; and
where the consumer is or is to be a party to proceedings in the capacity of mortgagor of premises—$50 000 or such greater amount as may be prescribed; and
in any other case—$25 000 or such greater amount as may be prescribed.
The following provisions apply in relation to legal proceedings that the
Responsible authority institutes or defends or the conduct of which the Responsible authority assumes pursuant to this section—
the
Responsible authority has the same rights in and control over the proceedings as the consumer would have had in the conduct of those proceedings; and
the
Responsible authority may, without consulting or seeking the consent of the consumer, conduct the proceedings as the Responsible authority thinks appropriate; and
any money (excluding costs) recovered by the Responsible authority must be paid to the consumer without deduction; and
any amount (excluding costs) awarded against the consumer is recoverable from the consumer, except if the consumer had, before that judgment was given, given written notice to the Responsible authority of the consumer's desire to settle the matter, in which case the amount is recoverable from the Responsible authority; and
the costs of the proceedings will be borne by or paid to the Responsible authority; and
an unrelated counter-claim by or against the consumer must, if the
Responsible authority applies for a separate hearing, be heard separately.
This provision refers to the regulations (prescribed amount
). Made under this Act:
- Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017
- Fair Trading (Fuel Pricing Information) Regulations 2021
- Fair Trading (Mining and Resources Industry Land Access Dispute Resolution Code) Regulations 2018
1 more instrument made under this Act are listed on the Act’s overview.
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