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Domestic Building Contracts Act 1995
50Powers of Authority to institute and defend proceedings
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50 Powers of Authority to institute and defend proceedings
S. 50(1) amended by No. 17/2025 s. 17(2).
(1) If a building owner is involved in a domestic building work dispute, the Authority may institute proceedings on behalf of, or defend proceedings brought against the building owner if the Authority is satisfied—
(a) that the building owner has a good cause of action or a good defence to an action relating to the dispute; and
(b) that it is in the public interest to institute or defend proceedings on behalf of the building owner.
S. 50(2) amended by No. 17/2025 s. 17(2).
(2) The Authority must not institute or defend proceedings on behalf of a building owner unless that building owner has given written consent.
S. 50(3) amended by No. 17/2025 s. 17(2).
(3) After consent has been given under subsection (2), the Authority may institute or continue with a proceeding or defence on behalf of a building owner even if the building owner revokes the consent.
S. 50A inserted by No. 15/2016 s. 6.