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FAIR TRADING ACT 1987 - SECT 13
Grant of legal assistance
13 Grant of legal assistance
(1) The Secretary may grant an application made under section 12 if-- (a) the
Secretary is satisfied that the applicant has reasonable grounds for bringing,
or being a party to, the proceedings to which the application relates,
(b)
the Secretary is of the opinion that it is desirable, in the general interests
of consumers or of any class of consumers, that assistance should be granted,
and
(d) the Secretary has received the written approval of the Minister to
grant the assistance applied for.
(2) The Secretary may refuse assistance if
of the opinion that it should not be granted because of the applicant's
financial position.
(3) The Secretary shall notify an applicant under
section 12 of the grant or refusal of the application and, where an
application is granted-- (a) the applicant shall not, without the consent of
the Secretary, withdraw from the proceedings or discharge any Australian legal
practitioner to whom the case is assigned under section 14, or any Australian
legal practitioner acting in the proceedings,
(b) the applicant shall not,
except to the extent authorised or required by the Secretary, interfere, or be
involved, in the case, and
(c) the Secretary has, to the exclusion of the
successful applicant, the same control over and the same rights in respect of
the case (including the right to settle or compromise any claim arising in the
case) as, but for that exclusion, would have been available to the
assisted person.
(4) Assistance granted under this Division does not extend
to expenses other than-- (a) the costs of legal representation, and
(b)
prescribed expenses.
(5) Expenses incurred in the provision of assistance
under this Division, court fees and any costs required to be met by the
Secretary under section 16 shall be met out of money to be provided by
Parliament.
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