Document ID: chunk:federal_register_of_legislation:C2024C00587:section:396
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 396
Character Range: 521503–522514

396  Plaintiff must sign documents as required
 (1) If the Commission makes, or takes over the conduct of, the claim, the plaintiff must sign any document relevant to the claim (including the settlement of the claim or of any proceedings arising out of the claim) that the Commission requires the plaintiff to sign.
 (2) If the plaintiff does not do so:
 (a) the Commission may apply to:
 (i) if the claim is not before a court or tribunal at the time of the failure—the Federal Court of Australia; or
 (ii) otherwise—the court or tribunal in which proceedings relating to the claim are being heard;
  for a direction that the document be signed on the plaintiff's behalf by a person appointed by the Commission; and
 (b) the court or tribunal may make the direction.
 (3) If the Commission proposes to make an application under subsection (2):
 (a) the Commission must notify the plaintiff that it is proposing to do so; and
 (b) the plaintiff has a right of representation in the hearing of the application.