Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_81
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 81
Character Range: 874163–874922

81  Joinder of parties
 (1) If it appears to the court that a person other than a credit provider or a mortgagee (a third party) has shared in the profits of, or has a beneficial interest prospectively or otherwise in, a credit contract or mortgage that the court holds to be unjust, the court may make an order about the third party that the court considers appropriate.
 (2) However, before making an order about the third party, the court must:
 (a) join the third party as a party to the proceedings; and
 (b) give the third party an opportunity to appear and be heard in the proceedings.

Part 5—Ending and enforcing credit contracts, mortgages and guarantees

Division 1—Ending of credit contract by debtor etc.

Subdivision A—Paying out contract etc.