National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 11 - CONSUMER LEASES  

Division 7 - Changes to obligations under consumer leases  

Subdivision B - Changes on grounds of hardship and unjust transactions  

177D   Changes by court  

177D(1)    
If a lessor does not change a consumer lease as a result of a hardship notice by a lessee, the lessee may apply to the court to change the terms of the lease.

177D(2)    
The court may, after allowing the applicant and the lessor a reasonable opportunity to be heard:

(a) by order change the lease (but not so as to reduce the amount ultimately payable by the lessee to the lessor under the lease), and make such other orders as it thinks fit; or

(b) refuse to change the lease.

177D(3)    
The court may, if it thinks it appropriate in the circumstances, stay any enforcement proceedings under the lease, and make such other orders as it thinks fit, until the application has been determined.