THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.3 - PARTICIPANTS IN THE FUTURES INDUSTRY

Division 2 - Agreements with unlicensed persons

Subdivision B - Effect on agreements

SECTION 1167   AGREEMENT UNENFORCEABLE AGAINST CLIENT  

1167(1)  [Application]  

This section:

(a)  applies while both of the following are the case:

(i) the client is entitled to give a notice under section 1164;
(ii) a notice so given will result under section 1165 in rescission of the agreement; and

(b)  applies after the agreement is rescinded under section 1165;

but does not otherwise apply.

1167(2)  [May not enforce or rely on agreement]  

The non-licensee is not entitled, as against the client:

(a)  to enforce the agreement, whether directly or indirectly; or

(b)  to rely on the agreement, whether directly or indirectly and whether by way of defence or otherwise.