Victorian Numbered Acts

FIRE SERVICES LEVY MONITOR ACT 2012 (NO. 81 OF 2012) - SECT 47

    (1)     If the Director institutes, continues or defends proceedings on behalf of a person under section 46—

        (a)     the Director may settle the proceedings either with or without obtaining judgment in the proceedings; and

        (b)     if a judgment is obtained in the proceedings in favour of the person, the Director may take such steps as are necessary to enforce the judgment; and

        (c)     an amount (other than an amount in respect of costs) recovered by the Director in respect of the person in the proceedings is payable to the person; and

        (d)     an amount in respect of costs recovered in the proceedings is payable to the Director; and

        (e)     the person is liable to pay an amount (not being an amount of costs) awarded against the person in the proceedings; and
s. 47

        (f)     the Director is liable to pay the costs of or incidental to the proceedings that are payable by the person.

    (2)     If, in proceedings instituted, continued or defended on behalf of a person under section 46—

        (a)     a party to the proceedings files a counterclaim; or

        (b)     the person is entitled to file a counterclaim—

and the counterclaim is not or would not be related to the proceedings and to the interests of the person in the dispute, the Director may apply to the court hearing the proceedings for an order that the counterclaim not be heard in the course of those proceedings.

    (3)     If the court makes an order under subsection (2), the court may make any ancillary or consequential orders that it thinks just.
s. 47

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PART 7—INSPECTION POWERS