Section 286 — Competition and Consumer Act 2010: Joint liability proceedings and recovery under section 135 of the National Credit Code

(1) If: (a) a consumer is seeking, in joint liability proceedings, to recover an amount under section 279 in relation to a contract for the supply of goods or services; and (b) the contract has been rescinded or discharged (whether under this Schedule or any other law); and (c) as a result of the contract being rescinded or discharged, the consumer is entitled under section 135 of the National Credit Code to terminate a linked credit contract; and (d) the consumer terminates the linked credit contract under that section; the following amounts may be recovered in the joint liability proceedings (to the extent that they have not been recovered under section 135 of the National Credit Code): (e) any amount that the consumer is entitled under section 135 of the National Credit Code to recover from the credit provider under the linked credit contract; (f) any amount that the credit provider is entitled under section 135 of the National Credit Code to recover from: (i) the consumer; or (ii) if the supplier under the contract for the supply of goods or services is a party to the joint liability proceedings—the supplier. (2) An amount that is recovered under subsection (1) ceases to be recoverable under section 135 of the National Credit Code.