COVID-19 (Temporary Measures) Act 2020 · s 38

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

—(1) On the application of the applicant under section 37 for a determination by an assessor, the assessor must —(a)make a determination whether the case is one to which this Part applies; and(b)in a case to which this Part applies, also make a determination —(i)whether it is just and equitable in the circumstances of the case for a prescribed obligation or prescribed right under the affected contract to be performed or exercised in a manner other than in accordance with the terms of the contract, and if so that the obligation or right is to be performed or exercised in the manner determined by the assessor; or(ii)whether it is just and equitable in the circumstances of the case for a prescribed term in the affected contract to be varied, or for a party to the contract to be released or discharged from that term, and if so that the term is to be varied in the manner determined by the assessor, or the party is to be released or discharged from that term, as the case may be.(2) When making a determination, the assessor —(a)may take into account prescribed factors; and(b)must seek to achieve an outcome that is just and equitable in the circumstances of the case.(3) A determination under subsection (1) may, with the leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.(4) Where leave of the court is granted, judgment may be entered in the terms of the determination.(5) The determination is binding on all the parties to the application and all parties claiming under or through them.(6) There is no appeal from a determination.(7) Sections 14, 15 and 15A apply with the necessary modifications to proceedings before an assessor under this section as if a reference to an assessor’s determination in those sections is a reference to a determination.(8) Sections 16 and 17 apply to the Registrar or an assessor when carrying out his or her functions and duties under this Part as they apply to the Registrar or an assessor when carrying out his or her functions and duties under Part 2.
On the application of the applicant under section 37 for a determination by an assessor, the assessor must —(a)make a determination whether the case is one to which this Part applies; and(b)in a case to which this Part applies, also make a determination —(i)whether it is just and equitable in the circumstances of the case for a prescribed obligation or prescribed right under the affected contract to be performed or exercised in a manner other than in accordance with the terms of the contract, and if so that the obligation or right is to be performed or exercised in the manner determined by the assessor; or(ii)whether it is just and equitable in the circumstances of the case for a prescribed term in the affected contract to be varied, or for a party to the contract to be released or discharged from that term, and if so that the term is to be varied in the manner determined by the assessor, or the party is to be released or discharged from that term, as the case may be.
When making a determination, the assessor —(a)may take into account prescribed factors; and(b)must seek to achieve an outcome that is just and equitable in the circumstances of the case.
A determination under subsection (1) may, with the leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.
Where leave of the court is granted, judgment may be entered in the terms of the determination.
The determination is binding on all the parties to the application and all parties claiming under or through them.
There is no appeal from a determination.
Sections 14, 15 and 15A apply with the necessary modifications to proceedings before an assessor under this section as if a reference to an assessor’s determination in those sections is a reference to a determination.
Sections 16 and 17 apply to the Registrar or an assessor when carrying out his or her functions and duties under this Part as they apply to the Registrar or an assessor when carrying out his or her functions and duties under Part 2.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 38Determination

(1)

On the application of the applicant under section 37 for a determination by an assessor, the assessor must —

(a)

make a determination whether the case is one to which this Part applies; and

(b)

in a case to which this Part applies, also make a determination —

(i)

whether it is just and equitable in the circumstances of the case for a prescribed obligation or prescribed right under the affected contract to be performed or exercised in a manner other than in accordance with the terms of the contract, and if so that the obligation or right is to be performed or exercised in the manner determined by the assessor; or

(ii)

whether it is just and equitable in the circumstances of the case for a prescribed term in the affected contract to be varied, or for a party to the contract to be released or discharged from that term, and if so that the term is to be varied in the manner determined by the assessor, or the party is to be released or discharged from that term, as the case may be.

(2)

When making a determination, the assessor —

(a)

may take into account prescribed factors; and

(b)

must seek to achieve an outcome that is just and equitable in the circumstances of the case.

(3)

A determination under subsection (1) may, with the leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.

(4)

Where leave of the court is granted, judgment may be entered in the terms of the determination.

(5)

The determination is binding on all the parties to the application and all parties claiming under or through them.

(6)

There is no appeal from a determination.

(7)

Sections 14, 15 and 15A apply with the necessary modifications to proceedings before an assessor under this section as if a reference to an assessor’s determination in those sections is a reference to a determination.

(8)

Sections 16 and 17 apply to the Registrar or an assessor when carrying out his or her functions and duties under this Part as they apply to the Registrar or an assessor when carrying out his or her functions and duties under Part 2.