Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 149A

Injunctions to do an act or thing

149A. Injunctions to do an act or thing



(1) The Supreme Court or the County Court, on the application of the Minister,
the Director or any other person, may grant an injunction requiring a person
to do any act or thing if the Court is satisfied that the person is engaging
in or has been engaging in conduct that constitutes-

   (a)  a contravention of any provision of this Act; or

   (b)  attempting or conspiring to contravene such a provision; or

   (c)  aiding, abetting, counselling or procuring a person to contravene such
        a provision; or

   (d)  inducing or attempting to induce a person, whether by threats,
        promises or otherwise, to contravene such a provision; or

   (e)  being in any way directly or indirectly, knowingly concerned in, or
        party to, the contravention by a person of such a provision.

(2) The power of the Court under this section to grant an injunction requiring
a person to do an act or thing may be exercised-

   (a)  whether or not it appears to the Court that the person intends to
        refuse or fail again, or to continue to refuse or fail, to do that act
        or thing; and

   (b)  whether or not the person has previously refused or failed to do that
        act or thing; and

   (c)  whether or not there is an imminent danger of substantial damage to
        any person if the first person refuses or fails to do that act or
        thing.

(3) Without limiting subsection (1), an injunction under this section may
require a person-

   (a)  to institute a training program for the person's employees in relation
        to compliance with this Act;

   (b)  to refund money to purchasers;

   (c)  to transfer property to purchasers;

   (d)  to disclose information about the person's business activities or
        business associates;





   (e)  to honour any promise made in the course of misleading or deceptive
        conduct or in a false representation;

   (f)  to destroy or dispose of goods used for the purpose of a contravention
        of this Act.

(4) Despite subsections (1) and (3), only the Supreme Court may grant an
injunction under this section requiring a person to transfer an interest in
land.

(5) An application for an injunction under this section may be made ex parte.