Section 58FZQ — Competition and Consumer Act 2010 (Cth)

(1) Without limiting subsection 58FZP(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 victim referred to in that subsection, or a collateral arrangement relating to such a contract:

(i) to be void; and

(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);

(b) an order:

(i) varying such a contract or arrangement in such manner as is specified in the order; and

(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);

(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 victim 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 victim referred to in that subsection;

(f) an order directing the respondent, at the respondent’s own expense, to supply specified services to a victim 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:

(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.

(2) In this section:

interest, in land, means:

(a) a legal or equitable estate or interest in the land; or

(b) a right of occupancy of the land, or of a building or part of a building erected on the land, arising by virtue of the holding of shares, or by virtue of a contract to purchase shares, in an incorporated company that owns the land or building; or

(c) a right, power or privilege over, or in connection with, the land.

Related sections

• s 58FZN — Adverse publicity orders
• s 58FZO — Non‑punitive orders
• s 58FZP — Orders (other than awards of damages) to redress loss or damage—making such orders
• s 58GA — Treatment of partnerships
• s 58GB — Treatment of unincorporated associations
• s 58GC — Treatment of trusts

Research how courts apply s 58FZQ

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.