Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 151A

Cease trading injunctions

151A. Cease trading injunctions



(1) The Minister or the Director may apply to the Supreme Court for the grant
of an injunction restraining a person from carrying on a business of supplying
goods or services (whether or not as part of, or incidental to, the carrying
on of another business) if the person is 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 Supreme Court may grant the injunction sought-

   (a)  if-

   (i)  the Court is satisfied that the person is engaging in or has been
        engaging in conduct of that kind; and

   (ii) it appears to the Court that, in the event that the injunction is not
        granted, it is likely that the person will engage in conduct of that
        kind and there is an imminent danger of substantial damage to any
        person if the first-mentioned person engages in conduct of that kind;
        or

   (b)  if the Court determines it to be appropriate, by consent of all the
        parties to the proceedings, whether or not the person has engaged in,
        or is likely to engage in conduct of that kind.

(3) An injunction under this section may be granted-

   (a)  for a specified period; and

   (b)  on specified terms and conditions.