Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_286
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 286
Character Range: 406885–408289

286  Joint liability proceedings and recovery under section 135 of the National Credit Code

 (1) If:
 (a) a consumer is seeking, in joint liability proceedings, to recover an amount under section 279 in relation to a contract for the supply of goods or services; and
 (b) the contract has been rescinded or discharged (whether under this Schedule or any other law); and
 (c) as a result of the contract being rescinded or discharged, the consumer is entitled under section 135 of the National Credit Code to terminate a linked credit contract; and
 (d) the consumer terminates the linked credit contract under that section;
the following amounts may be recovered in the joint liability proceedings (to the extent that they have not been recovered under section 135 of the National Credit Code):
 (e) any amount that the consumer is entitled under section 135 of the National Credit Code to recover from the credit provider under the linked credit contract;
 (f) any amount that the credit provider is entitled under section 135 of the National Credit Code to recover from:
 (i) the consumer; or
 (ii) if the supplier under the contract for the supply of goods or services is a party to the joint liability proceedings—the supplier.

 (2) An amount that is recovered under subsection (1) ceases to be recoverable under section 135 of the National Credit Code.

Division 2—Non‑linked credit contracts