Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1325:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1325 (pt 2/3)
Character Range: 5700317–5702792

or by each of the persons, on whose behalf the application is made.
 (4) An application under subsection (2) may be made within 6 years after the day on which the cause of action arose.
 (5) The orders referred to in subsections (1) and (2) are:
 (a) an order declaring the whole or any part of a contract made between the person who suffered, or is likely to suffer, the loss or damage and the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct, or of a collateral arrangement relating to such a contract, to be void and, if the Court thinks fit, to have been void ab initio or at all times on and after a specified day before the order is made; and
 (b) an order varying such a contract or arrangement in such manner as is specified in the order and, if the Court thinks fit, declaring the contract or arrangement to have had effect as so varied on and after a specified day before the order is made; and
 (c) an order refusing to enforce any or all of the provisions of such a contract; and
 (d) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct to refund money or return property to the person who suffered the loss or damage; and
 (e) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct to pay to the person who suffered the loss or damage the amount of the loss or damage; and
 (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 the person's own expense, to supply specified services to the person who suffered, or is likely to suffer, the loss or damage.
 (5A) Subsections (1) and (2) have effect subject to section 1044B.
Note: Section 1044B may limit the liability, under an order under subsection (1) or (2) of this section, of a person for his or her contravention of section 1041H (Misleading or deceptive conduct) or involvement in such a contravention.
 (6) Where an application is made for an order under this section against a person, the Court may make an order under section 1323 in respect of the person.
 (7) In this section:
section 1325 order provision means:
 (a) subsection 201P(1); and
 (b) a provision of Chapter 5C; and
 (c) a provision of Chapter 6CA (other than sections 674 and 675); and
 (d) a provision of Chapter 6D; and
 (e)