Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p23
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 23/23)
Character Range: 220590–222736

1 of these Rules sets out general rules about starting proceedings.

Chapter 5—Proceedings under the National Consumer Credit Protection Act

Part 31—Small claims application under the National Consumer Credit Protection Act

31.01  Definitions for Part 31
  In this Part:
National Consumer Credit Protection Act means the National Consumer Credit Protection Act 2009.
small claims application means an application for an order covered by subsection 199(2) of the National Consumer Credit Protection Act that is dealt with under this Part.
small claims proceeding means a proceeding relating to a small claims application.

31.02  Small claims proceeding—National Consumer Credit Protection Act
 (1) An applicant may request that an application for an order covered by subsection 199(2) of the National Consumer Credit Protection Act be dealt with under this Part.
 (2) The Court is not bound by any rules of evidence and procedure when dealing with a small claims application and may act:
 (a) in an informal manner; and
 (b) without regard to legal forms and technicalities.

31.03  Starting a National Consumer Credit Protection Act small claims proceeding
  A small claims application must be made in accordance with the approved form.
Note: Part 4 of Chapter 1 sets out general rules about starting proceedings.

31.04  Lawyers—National Consumer Credit Protection Act small claims proceeding
 (1) A party to a small claims application may not be represented by a lawyer without the leave of the Court.
 (2) If the Court gives a party leave to be represented by a lawyer, the leave may be given subject to conditions the Court considers appropriate.
 (3) For the purposes of subrule (1), a party is not taken to be represented by a lawyer if the lawyer is an employee or officer of the party.

31.05  Representation for corporations—National Consumer Credit Protection Act small claims proceeding
  Despite rule 9.04, an officer or employee of a corporation may represent the corporation in a small claims proceeding under this Part if the officer or employee is authorised by the corporation to represent the corporation in the proceeding.