Victorian Consolidated Legislation

Credit (Administration) Act 1984 - SECT 14

Proceedings and costs

14. Proceedings and costs



(1) If the Director institutes, continues or defends proceedings on behalf of
a person under section 13-

   (a)  the Director may settle the proceedings either with or without
        obtaining judgment in the proceedings; and

   (b)  if a judgment is obtained in the proceedings in favour of the person,
        the Director may take such steps as are necessary to enforce the
        judgment; and

   (c)  subject to subsections (2) and (3), an amount (other than an amount in
        respect of costs) recovered by the Director in respect of the person
        in the proceedings is payable to the person; and

   (d)  an amount in respect of costs recovered in the proceedings is payable
        to the Director; and

   (e)  subject to subsection (2), the person is liable to pay an amount (not
        being an amount of costs) awarded against the person in the
        proceedings; and

   (f)  the Director is liable to pay the costs of or incidental to the
        proceedings that are payable by the person.

(2) If the Director institutes, continues or defends proceedings on behalf of
a person after the person revokes the consent to the institution, defence or
continuation of the proceedings-

   (a)  the Director must compensate the person for-

   (i)  any loss suffered as the result of the loss of any settlement offer
        made to the person; and

   (ii) out-of-pocket expenses incurred by the person during the proceedings
        after the revocation of consent; and

   (b)  the Director is liable to pay any amount awarded against the person in
        the proceedings.

(3) If the Director institutes, continues or defends proceedings on behalf of
a person after the person revokes the consent to the institution, continuation
or defence of the proceedings, any amount recovered by the Director in respect
of the person in the proceedings (including any amount for costs) that exceeds
the amount payable to the person under subsection (2) may be applied to the
payment of the costs of, and incidental to, the proceedings for which the
Director is liable or that are incurred by the Director in relation to the
proceedings.



(4) If, in proceedings instituted, continued or defended on behalf of a person
under section 13-

   (a)  a party to the proceedings files a counterclaim; or

   (b)  the person is entitled to file a counterclaim-

and the counterclaim is not or would not be related to the proceedings and to
the interests of the person in the dispute, the Director may apply to the
court or the Tribunal hearing the proceedings for an order that the
counterclaim not be heard in the course of those proceedings.

(5) If the court or the Tribunal makes an order under subsection (4), the
court or the Tribunal may make any ancillary or consequential provisions that
it thinks just.