Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32ZA

Injunctions to prevent continued use of unfair terms

32ZA. Injunctions to prevent continued use of unfair terms





(1) The Director may apply to the Supreme Court, the County Court or the
Tribunal for an injunction against any person who, in the Director's opinion,
is using, or recommending the use of-

   (a)  an unfair term in consumer contracts; or

   (b)  a prescribed unfair term in standard form contracts.

(2) The Court or the Tribunal, if it is satisfied that, in all the
circumstances, it is just and convenient to do so, may by order grant an
injunction under this section on such terms as it considers appropriate.

(3) If the Tribunal grants an injunction under this section, section 123(2) to
(7) of the Victorian Civil and Administrative Tribunal Act 1998 applies as if
an injunction under this section were an injunction under that section.

(4) An injunction may relate not only to the use of a particular term in a
consumer contract or standard form contract, but to any similar term or to a
term having like effect, used or recommended for use by any person.