Western Australian Current Acts

BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011 - SECT 48

48 .         Joining of parties in HBWC complaint about unconscionable, harsh or oppressive conduct or contract

        (1)         In this section —

        officer has the meaning given in the Corporations Act 2001 (Commonwealth) section 9.

        (2)         For the purposes of subsection (3), a person is an associate of another person if —

            (a)         the person is a partner of the latter person; or

            (b)         where the latter person is a company, the person is a shareholder or officer of that company.

        (3)         Where it appears to the State Administrative Tribunal in a proceeding in respect of a HBWC complaint about a breach of the Home Building Contracts Act 1991 section 15 that a person is an associate of a party to the proceeding and has or may have —

            (a)         shared in the profits of; or

            (b)         a beneficial interest in,

                the transaction in question, the person may be joined as a party to the proceeding and the Tribunal may make such orders against, or in respect of, that person as the Tribunal considers just.

        (4)         This section does not limit the powers of the State Administrative Tribunal under the State Administrative Tribunal Act 2004 section 38.