Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_283
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 283
Character Range: 402325–404464

283  Enforcement of judgments etc.

 (1) If, in joint liability proceedings, judgment is given against a supplier and a linked credit provider, the judgment must not be enforced against the credit provider unless a written demand made on the supplier for satisfaction of the judgment has remained unsatisfied for at least 30 days.

 (2) If the judgment can be enforced against the linked credit provider, it may only be enforced to the extent of the lesser of the following amounts:
 (a) the amount calculated in accordance with section 281;
 (b) so much of the judgment debt as has not been satisfied by the supplier.

 (3) If, in joint liability proceedings, a right conferred by section 282(3) is established by a consumer against a linked credit provider, the consumer must not receive the benefit of the right unless:
 (a) judgment has been given against the supplier and credit provider; and
 (b) a written demand has been made on the supplier for satisfaction of the judgment; and
 (c) the demand has remained unsatisfied for at least 30 days.

 (4) If the consumer can receive the benefit of a right conferred by section 282(3), the consumer may only receive the benefit to the extent of the lesser of the following amounts:
 (a) the amount calculated in accordance with section 281;
 (b) so much of the judgment debt as has not been satisfied by the supplier.

 (5) Subsections (1) and (3) do not apply if:
 (a) the supplier has been dissolved or the winding up of the supplier has commenced; or
 (b) both of the following apply:
 (i) in the opinion of the court in which the proceedings are taken, it is not reasonably likely that a judgment obtained against the supplier would be satisfied;
 (ii) that court has, on the application of the consumer, declared that those subsections do not apply in relation to the proceedings.

 (6) If a judgment given in joint liability proceedings is enforced against a linked credit provider of a supplier, the credit provider is subrogated to the extent of the enforced judgment to any rights that the consumer would have had but for the judgment against the supplier or any other person.