CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1325 Other orders

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1325

1325. (1) Where, in a proceeding instituted under, or for a contravention of,
Part 7.11 or 7.12, the Court finds that a person who is a party to the
proceeding has suffered, or is likely to suffer, loss or damage because of
conduct of another person that was engaged in in contravention of Part 7.11 or
7.12, the Court may, whether or not it grants an injunction, or makes an
order, under any other provision of this Act, make such order or orders as it
thinks appropriate against the person who engaged in the conduct or a person
who was involved in the contravention (including all or any of the orders
mentioned in subsection (5)) if the Court considers that the order or orders
concerned will compensate the first-mentioned person in whole or in part for
the loss or damage or will prevent or reduce the loss or damage.

(2) The Court may, on the application of a person who has suffered, or is
likely to suffer, loss or damage because of conduct of another person that was
engaged in in contravention of Part 7.11 or 7.12, or on the application of the
Commission in accordance with subsection (3) on behalf of such a person or 2
or more such persons, make such order or orders as the Court thinks
appropriate against the person who engaged in the conduct or a person who was
involved in the contravention (including all or any of the orders mentioned in
subsection (5)) if the Court considers that the order or orders concerned will
compensate the person who made the application, or the person or any of the
persons on whose behalf the application was made, in whole or in part for the
loss or damage, or will prevent or reduce the loss or damage suffered, or
likely to be suffered, by such a person.

(3) Where, in a proceeding instituted for a contravention of Part 7.11 or 7.12
or instituted by the Commission under section 1324, a person is found to have
engaged in conduct in contravention of Part 7.11 or 7.12, the Commission may
make an application under subsection (2) on behalf of one or more persons
identified in the application who have suffered, or are likely to suffer, loss
or damage by the conduct, but the Commission shall not make such an
application except with the consent in writing given before the application is
made by the person, or by each of the persons, on whose behalf the application
is made.

(4) An application under subsection (2) may be made within 3 years after the
day on which the cause of action arose.

(5) The orders referred to in subsections (1) and (2) are:

   (a)  an order declaring the whole or any part of a contract made between
        the person who suffered, or is likely to suffer, the loss or damage
        and the person who engaged in the conduct or a person who was involved
        in the contravention constituted by the conduct, or of a collateral
        arrangement relating to such a contract, to be void and, if the Court
        thinks fit, to have been void ab initio or at all times on and after a
        specified day before the order is made;

   (b)  an order varying such a contract or arrangement in such manner as is
        specified in the order and, if the Court thinks fit, declaring the
        contract or arrangement to have had effect as so varied on and after a
        specified day before the order is made;

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

   (d)  an order directing the person who engaged in the conduct or a person
        who was involved in the contravention constituted by the conduct to
        refund money or return property to the person who suffered the loss or
        damage;

   (e)  an order directing the person who engaged in the conduct or a person
        who was involved in the contravention constituted by the conduct to
        pay to the person who suffered the loss or damage the amount of the
        loss or damage; and

   (f)  an order directing the person who engaged in the conduct or a person
        who was involved in the contravention constituted by the conduct, at
        the person's own expense, to supply specified services to the person
        who suffered, or is likely to suffer, the loss or damage.

(6) Where an application is made for an order under this section against a
person, the Court may make an order under section 1323 in respect of the
person.