AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 41 Circumstances in which contract provisions continue to have effect despite frustration

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 41

If any contract to which this Part applies contains a provision that on the true construction of the contract—

        (a)     is intended to continue to have effect in circumstances that operate or would, but for that provision, operate to frustrate or avoid the contract; or

        (b)     is intended to have effect whether or not circumstances that operate or would, but for that provision, operate to frustrate or avoid the contract arise—

the court must give effect to that provision and must only give effect to Division 2 to the extent that the court is satisfied that it is consistent with the provision of the contract.