Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 72

Secretary may take legal proceedings on behalf of Committee

72. Secretary may take legal proceedings on behalf of Committee



(1) Legal proceedings may be taken by or against the Secretary acting on
behalf of the Committee in the name of "Secretary to the Motor Car Traders
Claims Committee".

(2) A person who takes legal proceedings in the name of the
Secretary to the Motor Car Traders Claims Committee is taken to be authorised
to take those proceedings, in the absence of evidence to the contrary.

(3) The Secretary, on behalf of the Committee, may apply to a court or the
Tribunal to set aside an order of the court or the Tribunal (as the case
requires) against a motor car trader if-

   (a)  the Committee has information that is relevant to the matters that are
        the subject of the order, and that information has not been presented
        to the court or the Tribunal; and

   (b)  the motor car trader is unable or unwilling to take any further legal
        action in respect of the order.