Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 51ADC

Kinds of orders that may be made to redress loss or damage suffered by non-parties etc.

                   Without limiting subsection 51ADB(1), the orders that a 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 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 referred to in that subsection;

                     (e)  an order directing the respondent, at his or her own expense, to repair, or provide parts for, goods that have been supplied under the contract or arrangement to a non-party referred to in that subsection;

                      (f)  an order directing the respondent, at his or her own expense, to supply specified services to a non-party referred to in that subsection;

                     (g)  an order, in relation to an instrument creating or transferring an interest in land (within the meaning of section 53A), 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.



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