Fair Trading Act 2010

This section applies where —

after a complaint or matter has been made or referred to the Department, the Commissioner is satisfied —

that a consumer has a cause of action or a good defence to an action; and

that it is in the public interest or proper to institute, defend or assume the conduct or defence of legal proceedings on behalf of the consumer;

the Commissioner is satisfied that it is proper to institute, defend or assume the conduct or defence of legal proceedings on behalf of a business in relation to the supply or possible supply of goods or services in trade or commerce because a matter of public interest is involved.

If this section applies, the Commissioner may —

where subsection (1)(a) applies, on behalf of the consumer, institute legal proceedings against any other person, or defend any proceedings brought against the consumer, or assume the conduct or defence of proceedings already commenced by or against the consumer, with a view to enforcing or protecting the rights of the consumer in relation to any infringement or suspected infringement by that other person of those rights or of any of the provisions of any Act or any other law relating to the interests of consumers; or

where subsection (1)(b) applies, on behalf of the business, institute legal proceedings against any other person, or defend any proceedings brought against the business, or assume the conduct or defence of proceedings already commenced by or against the business.

The Commissioner must not institute, defend or assume the conduct or defence of any proceedings under this section —

unless either —

the amount claimed or involved in either case does not exceed $100 000 or such greater amount as is prescribed for the purposes of this paragraph; or

an order for specific performance of a contract, or an order in the nature of an order for specific performance of a contract, is the only remedy sought in the proceedings;

without first obtaining —

the written consent of the consumer or, as the case requires, the business, which once given cannot be revoked unless the Commissioner consents to the revocation; and

the written consent of the Minister, which may be given subject to any conditions the Minister thinks fit.

The Commissioner may make any investigation or inquiry under Part 6 that the Commissioner considers necessary or desirable for the purposes of —

satisfying himself or herself that it is proper to institute, defend or assume the conduct or defence of legal proceedings on behalf of a business under subsection (1)(b); and

instituting, defending or assuming the conduct or defence of those proceedings; and

conducting those proceedings.

Nothing in subsection (4) limits Part 6.