Document ID: chunk:federal_register_of_legislation:C2004C01258:clause:1_170hh
Version: federal_register_of_legislation:C2004C01258
Segment Type: clause
Provision Reference: sch 1 cl 170HH
Character Range: 19198–19752

170HH  Evidentiary matters

  In any proceeding for an order in respect of a contravention of section 170HE in respect of an unfair termination application, the Court must not determine that there was no reasonable prospect of success in respect of the application or no reasonable prospect of the respondent defending the action unless it has had regard:
 (a) to the outcome of the application before the Commission; and
 (b) to the contents of any certificate issued by the Commission under subsection 170CF(2) and, where applicable, subsection (4).