New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 15

15 Court proceedings to which assisted person is a party

(1) If proceedings have been brought in a case to which an Australian legal practitioner has been assigned under section 14, the Australian legal practitioner shall, as soon as practicable after the assignment and before taking any other step in the proceedings:

(a) serve on the other party or parties to the proceedings, and

(b) file in the court in which the proceedings are pending,

a notice to the effect that he or she is undertaking the conduct of the case.

(2) If a notice is filed under subsection (1):

(a) the proceedings are stayed for a period of 14 days, and

(b) unless otherwise ordered by the court-time fixed for the doing of any act or taking any step in the proceedings does not run during that period.

(3) The filing of a notice under subsection (1) does not prevent:

(a) the making of any interlocutory order which, in the opinion of the court, is necessary to prevent injustice, or

(b) unless otherwise ordered by the court, the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any such order.

(4) The period during which proceedings are stayed by subsection (2) may be reduced or extended by order of the court.

(5) A fee is not payable for the filing of a notice under subsection (1).

(6) If, in proceedings for which a person has been granted assistance under section 13:

(a) a party makes a counterclaim, or pleads a set-off, and

(b) the counterclaim or set-off does not relate to the supply of goods or services, or the disposal of an interest in land, to the assisted person,

the court may, on the application of the Director-General, order that the counterclaim or set-off be dealt with separately, and may make such other orders or give such directions as it thinks fit.