Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.8A - DESIGN AND DISTRIBUTION REQUIREMENTS RELATING TO FINANCIAL PRODUCTS FOR RETAIL CLIENTS  

Division 6 - Miscellaneous  

SECTION 994Q  

994Q   KINDS OF ORDERS THAT MAY BE MADE TO REDRESS LOSS OR DAMAGE SUFFERED BY NON-PARTY CONSUMERS ETC.  

Without limiting subsection 994P(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 non-party consumer 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 non-party consumer 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 non-party consumer referred to in that subsection;

(f)    an order directing the respondent, at the respondent ' s own expense, to supply specified services to a non-party consumer 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.