Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 58FZQ

  (1)   Without limiting subsection   58FZP(1), the orders that the Court may make under that subsection against a person (the respondent ) include all or any of the following:

  (a)   an order declaring the whole or any part of a contract made between the respondent and a victim referred to in that subsection, or a collateral arrangement relating to such a contract:

  (i)   to be void; and

  (ii)   if the Court thinks fit--to have been void ab initio or void at all times on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);

  (b)   an order:

  (i)   varying such a contract or arrangement in such manner as is specified in the order; and

  (ii)   if the Court thinks fit--declaring the contract or arrangement to have had effect as so varied on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);

  (c)   an order refusing to enforce any or all of the provisions of such a contract or arrangement;

  (d)   an order directing the respondent to refund money or return property to a victim referred to in that subsection;

  (e)   an order directing the respondent, at the respondent's own expense, to repair, or provide parts for, goods that have been supplied under the contract or arrangement to a victim referred to in that subsection;

  (f)   an order directing the respondent, at the respondent's own expense, to supply specified services to a victim referred to in that subsection;

  (g)   an order, in relation to an instrument creating or transferring an interest in land, directing the respondent to execute an instrument that:

  (i)   varies, or has the effect of varying, the first - mentioned instrument; or

  (ii)   terminates or otherwise affects, or has the effect of terminating or otherwise affecting, the operation or effect of the first - mentioned instrument.

  (2)   In this section:

"interest" , in land, means:

  (a)   a legal or equitable estate or interest in the land; or

  (b)   a right of occupancy of the land, or of a building or part of a building erected on the land, arising by virtue of the holding of shares, or by virtue of a contract to purchase shares, in an incorporated company that owns the land or building; or

  (c)   a right, power or privilege over, or in connection with, the land.