Victorian Numbered Acts

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 118

    (1)     If a person is granted assistance under section 117, the court must, in making an order for costs—

        (a)     in favour of the assisted person—make the same order (except against another assisted person) as the court would have made in favour of the assisted person if the person had not been an assisted person; or

        (b)     against the assisted person—make the same order (except in favour of another assisted person) as the court would have made against the assisted person if the person had not been an assisted person.

    (2)     If an order for costs is made under subsection (1)(a)—

        (a)     the costs are payable to the Director instead of the person in whose favour the order is made;

        (b)     the costs may be recovered by the Director as a debt due to the Crown;

        (c)     the costs, upon being paid to or recovered by the Director, must be paid into the Consolidated Fund.

    (3)     If an order for costs is made under subsection (1)(b), the costs must be paid by the Director.

    (4)     Except in the case of costs payable to the Director, money awarded by a court in favour of an assisted person is payable to the person without deduction.