Commonwealth Consolidated Acts

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Actions for damages

  (1)   A person who suffers loss or damage by conduct of another person that was done in contravention of:

  (a)   a provision of Part   IV, IVB, IVBA, IVBB or IVE; or

  (b)   section   55B, 60C or 60K; or

  (c)   subsection   56BN(1), 56BO(1), 56BU(1) or 56CC(1) or section   56CD; or

  (ca)   a civil penalty provision of a gas market instrument; or

  (d)   a civil penalty provision of the consumer data rules;

may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention.

  (2)   An action under subsection   (1) may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued.

No adverse costs orders

  (3)   A person who brings an action under subsection   (1) in relation to a contravention of a provision of Part   IV may at any time during proceedings on the matter seek an order under subsection   (4) from the court hearing, or that will hear, the matter.

  (4)   The court may order that the applicant is not liable for the costs of any respondent to the proceedings, regardless of the outcome or likely outcome of the proceedings.

  (5)   The court may only make an order under subsection   (4) if the court is satisfied that:

  (a)   the action raises a reasonable issue for trial; and

  (b)   the action raises an issue that is not only significant for the applicant, but may also be significant for other persons or groups of persons; and

  (c)   the disparity between the financial position of the applicant and the financial position of the respondent or respondents is such that the possibility of a costs order that does not favour the applicant might deter the applicant from pursuing the action.

  (6)   The court may satisfy itself of the matters in subsection   (5) by having regard only to the documents filed with the court in the proceedings.

  (7)   A person who appeals a decision of the court under subsection   (4) is liable for any costs in relation to the appeal.

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