Document ID: chunk:federal_register_of_legislation:C2025C00189:section:87:p4
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 87 (pt 4/5)
Character Range: 1194424–1197006

a person who was involved in the contravention constituted by the conduct, at his or her own expense, to repair, or provide parts for, goods that had been supplied by the person who engaged in the conduct to the person who suffered, or is likely to suffer, the loss or damage;
 (f) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct, at his or her own expense, to supply specified services to the person who suffered, or is likely to suffer, the loss or damage; and
 (g) an order, in relation to an instrument creating or transferring an interest in land, directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct 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.
 (3) Where:
 (a) a provision of a contract made, whether before or after the commencement of the Trade Practices Amendment Act 1977, is unenforceable because of section 45 in so far as it confers rights or benefits or imposes duties or obligations on a corporation; or
 (b) the engaging in conduct by a corporation in pursuance of or in accordance with a contract made before the commencement of the Trade Practices Amendment Act 1977 would constitute a contravention of section 47;
the Court may, on the application of a party to the contract, make an order:
 (c) varying the contract, or a collateral arrangement relating to the contract, in such manner as the Court considers just and equitable; or
 (d) directing another party to the contract to do any act in relation to the first‑mentioned party that the Court considers just and equitable.
 (4) The orders that may be made under subsection (3) include an order directing the termination of a lease or the increase or reduction of any rent or premium payable under a lease.
 (5) The powers conferred on the Court under this section in relation to a contract do not affect any powers that any other court may have in relation to the contract in proceedings instituted in that other court in respect of the contract.
 (6) In subsection (2), interest, in relation to 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