Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
CCH Note: Division 6 is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
CCH Note: Section 994Q is modified by the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716.
Without limiting subsection 994P(1) , the orders that the Court may make under that subsection against a person (the respondent ) include all or any of the following: (a) an order declaring the whole or any part of a contract made between the respondent and a non-party consumer referred to in that subsection, or a collateral arrangement relating to such a contract:
(i) to be void; and
(b) an order:
(ii) if the Court thinks fit - to have been void ab initio or void at all times on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);
(i) varying such a contract or arrangement in such manner as is specified in the order; and
(c) an order refusing to enforce any or all of the provisions of such a contract or arrangement; (d) an order directing the respondent to refund money or return property to a non-party consumer referred to in that subsection; (e) an order directing the respondent, at the respondent ' s own expense, to repair, or provide parts for, goods that have been supplied under the contract or arrangement to a non-party consumer referred to in that subsection; (f) an order directing the respondent, at the respondent ' s own expense, to supply specified services to a non-party consumer referred to in that subsection; (g) an order, in relation to an instrument creating or transferring an interest in land, directing the respondent to execute an instrument that:
(ii) if the Court thinks fit - declaring the contract or arrangement to have had effect as so varied on and after such date as is specified in the order (which may be a date that is before the date on which the order is made);
(i) varies, or has the effect of varying, the first-mentioned instrument; or
(ii) terminates or otherwise affects, or has the effect of terminating or otherwise affecting, the operation or effect of the first-mentioned instrument.
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