Document ID: chunk:federal_register_of_legislation:F2024C00882:reg:36:p1
Version: federal_register_of_legislation:F2024C00882
Segment Type: reg
Provision Reference: reg 36 (pt 1/2)
Character Range: 266430–269106

36  Where proceedings may be brought
 (1) For section 330 of the Act, this regulation sets out where court proceedings may be brought.
 (2) This regulation does not apply to a court proceeding if the court proceeding is:
 (a) commenced by ASIC; or
 (b) a class action or representative action on behalf of consumers from more than 1 State or Territory; or
 (c) commenced by a credit provider under section 112 of the Code for an order under section 113 of the Code.
 (3) Subject to subregulation (4), a court proceeding must be brought in a court of the State or Territory where the debtor, mortgagor or guarantor ordinarily resides, if the court proceeding:
 (a) is in relation to:
 (i) a credit contract; or
 (ii) a consumer lease; or
 (iii) a mortgage; or
 (iv) a guarantee;
  regulated under the Act; and
 (b) involves a debtor, mortgagor or guarantor.
 (4) For subregulation (3), if it is not known where the debtor, mortgagor or guarantor ordinarily resides, the court proceeding must be brought in a court of the State or Territory where the debtor, mortgagor or guarantor ordinarily resided at the time the credit contract, consumer lease, mortgage or guarantee was made.
 (5) Subject to subregulation (6), a court proceeding should be filed in the registry of a court of the State or Territory where the debtor, mortgagor or guarantor ordinarily resides, if the court proceeding:
 (a) is in relation to:
 (i) a credit contract; or
 (ii) a consumer lease; or
 (iii) a mortgage; or
 (iv) a guarantee;
  regulated under the Act; and
 (b) involves a debtor, mortgagor or guarantor; and
 (c) is brought in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
 (6) For subregulation (5), if it is not known where the debtor, mortgagor or guarantor ordinarily resides, the court proceeding must be filed in the registry of a court of the State or Territory where the debtor, mortgagor or guarantor ordinarily resided at the time the credit contract, consumer lease, mortgage or guarantee was made.
 (7) Subregulation (8) applies if a court proceeding is in relation to a credit contract:
 (a) that is not a standard form contract (within the meaning of section 12BK of the Australian Securities and Investments Commission Act 2001); and
 (b) that states that a court proceeding in relation to the credit contract must be brought in a court of a particular State or Territory.
 (8) For subregulation (7):
 (a) subregulations (3) to (6) do not apply to the court proceedings; and
 (b) the court proceeding must be brought in a court of the State or Territory stated in the credit contract.
 (9) The court proceedings mentioned in subregulations