Fair Trading Act 2010

The following provisions apply in relation to any proceedings the Commissioner institutes, defends or assumes the conduct or defence of under section 58 on behalf of a consumer or business —

the Commissioner has, on behalf of the consumer or business, in all respects the same rights in and control over the proceedings, including the right to settle any action or part of any action, as the consumer or business would have had in the conduct of those proceedings;

the Commissioner may, without consulting or seeking the consent of the consumer or business, conduct the proceedings in whatever manner the Commissioner thinks appropriate and proper;

any moneys (excluding costs) recovered by the Commissioner belong and must be paid to the consumer or business without deduction, and any amount awarded against the consumer or business must be paid by and is recoverable from the consumer or business;

in all cases the costs of the proceedings must be borne by or paid to and retained by the Commissioner as the case may require;

if any party to the proceedings files a counterclaim, or if the consumer or business on whose behalf the proceedings are being defended is entitled to file a counterclaim, and that counterclaim is not related to the cause of action and in no way relates to the interests of the consumer as a consumer or, as the case requires, the interests of the business as a business, the court hearing the proceedings —

must, on the application of the Commissioner, order that the counterclaim be heard separately and that the consumer or business be a party to the counterclaim in the consumer’s or business’s own right; and

may make any other orders or give any directions in that behalf the court thinks fit.

Any money that the Commissioner becomes liable to pay by virtue of this section is to be charged to the Consolidated Account, and this Act, without any further appropriation, is sufficient authority for the payment of the money.