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Penalties/remedies | Other orders

 

Overview

The Federal Court has broad power to make other remedial orders as a result of contraventions of Part IV. Other orders are, however, only available where proceedings have been instituted under one of the other provisions of Part IV (such as s 80 or s 82) (primary proceedings) and allows for ancillary remedial orders where loss or damage is suffered, regardless of whether there is an order for relief in the principal proceedings.

Section 87(2) sets out the remedial orders that can be made. They include:

  • declaring a contract void - an order declaring the whole or part of a contract, made between the person suffering (or likely to suffer) loss and the party who has contravened the Act, void (ab initio or from a subsequent date)
  • an order varying a contract
  • an order refusing to enforce any or all of the provisions of a contract
  • an order directing the refund of money or return of property to the person suffering loss or damage
  • an order directing payment of damages in the amount of loss or damage suffered
  • an order directing the repair of goods supplied
  • an order directing supply of services
  • an order relating to an instrument creating or transferring an interest in land, directing the person to execute an instrument varying the first-mentioned instrument or terminating the operation of the first-mentioned instrument

 

Discussion

Forthcoming

 

Cases

See cases page.

 

Commentary

See the reading page.