New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 13

13 Grant of legal assistance

(1) The Director-General may grant an application made under section 12 if:

(a) the Director-General is satisfied that the applicant has reasonable grounds for bringing, or being a party to, the proceedings to which the application relates,

(b) the Director-General is of the opinion that it is desirable, in the general interests of consumers or of any class of consumers, that assistance should be granted, and

(d) the Director-General has received the written approval of the Minister to grant the assistance applied for.

(2) The Director-General may refuse assistance if of the opinion that it should not be granted because of the applicant’s financial position.

(3) The Director-General shall notify an applicant under section 12 of the grant or refusal of the application and, where an application is granted:

(a) the applicant shall not, without the consent of the Director-General, withdraw from the proceedings or discharge any Australian legal practitioner to whom the case is assigned under section 14, or any Australian legal practitioner acting in the proceedings,

(b) the applicant shall not, except to the extent authorised or required by the Director-General, interfere, or be involved, in the case, and

(c) the Director-General has, to the exclusion of the successful applicant, the same control over and the same rights in respect of the case (including the right to settle or compromise any claim arising in the case) as, but for that exclusion, would have been available to the assisted person.

(4) Assistance granted under this Division does not extend to expenses other than:

(a) the costs of legal representation, and

(b) prescribed expenses.

(5) Expenses incurred in the provision of assistance under this Division, court fees and any costs required to be met by the Director-General under section 16 shall be met out of money to be provided by Parliament.