Part 2AB—Australian Consumer Law Sch. 1 Pt 2AB and Fair Trading Act 2012 (Heading and cls 4C–4J) inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4C What is a Sch. 1 cl. 4C small claim? inserted by No. 21/2012 In this Part has the meaning that it small claim s. 239(Sch. 6 has in Chapter 7 of the Australian Consumer item 46.3). Law and Fair Trading Act 2012. 4D Representation Sch. 1 cl. 4D inserted by No. 21/2012 (1) A party to a proceeding relating to a small claim s. 239(Sch. 6 may be represented by a professional advocate item 46.3). only if— (a) the Tribunal is satisfied that no other party to the proceeding will be unfairly disadvantaged if the representation is allowed; and (b) either— (i) all parties to the proceeding agree; or (ii) the Tribunal directs that the representation be allowed. (2) Section 62(1)(b) does not apply to a proceeding relating to a small claim. 4E Withdrawal of application Sch. 1 cl. 4E inserted by No. 21/2012 Despite section 74(1), a person who lodges s. 239(Sch. 6 an application relating to a small claim may item 46.3). withdraw that application without the leave of the Tribunal.
Sch. 1 Pt 2AB (Heading and cls 4C–4J) inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). Part 2AB—Australian Consumer Law and Fair Trading Act 2012 Sch. 1 cl. 4C inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4C What is a small claim? In this Part small claim has the meaning that it has in Chapter 7 of the Australian Consumer Law and Fair Trading Act 2012. Sch. 1 cl. 4D inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4D Representation (1) A party to a proceeding relating to a small claim may be represented by a professional advocate only if— (a) the Tribunal is satisfied that no other party to the proceeding will be unfairly disadvantaged if the representation is allowed; and (b) either— (i) all parties to the proceeding agree; or (ii) the Tribunal directs that the representation be allowed. (2) Section 62(1)(b) does not apply to a proceeding relating to a small claim. Sch. 1 cl. 4E inserted by No. 21/2012 s. 239(Sch. 6 item 46.3). 4E Withdrawal of application Despite section 74(1), a person who lodges an application relating to a small claim may withdraw that application without the leave of the Tribunal.
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