Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12cc:p2
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12CC (pt 2/3)
Character Range: 114342–117122

the contract; and
 (iii) the conduct of the supplier and the service recipient in complying with the terms and conditions of the contract; and
 (iv) any conduct that the supplier or the service recipient engaged in, in connection with their commercial relationship, after they entered into the contract; and
 (k) without limiting paragraph (j), whether the supplier has a contractual right to vary unilaterally a term or condition of a contract between the supplier and the service recipient for the supply of the financial services; and
 (l) the extent to which the supplier and the service recipient acted in good faith.
 (2) Without limiting the matters to which the court may have regard for the purpose of determining whether a person (the acquirer) has contravened section 12CB in connection with the acquisition or possible acquisition of financial services from a person (the supplier), the court may have regard to:
 (a) the relative strengths of the bargaining positions of the acquirer and the supplier; and
 (b) whether, as a result of conduct engaged in by the acquirer, the supplier was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the acquirer; and
 (c) whether the supplier was able to understand any documents relating to the acquisition or possible acquisition of the financial services; and
 (d) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the supplier or a person acting on behalf of the supplier by the acquirer or a person acting on behalf of the acquirer in relation to the acquisition or possible acquisition of the financial services; and
 (e) the amount for which, and the circumstances in which, the supplier could have supplied identical or equivalent financial services to a person other than the acquirer; and
 (f) the extent to which the acquirer's conduct towards the supplier was consistent with the acquirer's conduct in similar transactions between the acquirer and other like suppliers; and
 (g) the requirements of any applicable industry code (see subsection (3)); and
 (h) the requirements of any other industry code (see subsection (3)), if the supplier acted on the reasonable belief that the acquirer would comply with that code; and
 (i) the extent to which the acquirer unreasonably failed to disclose to the supplier:
 (i) any intended conduct of the acquirer that might affect the interests of the supplier; and
 (ii) any risks to the supplier arising from the acquirer's intended conduct (being risks that the acquirer should have foreseen would not be apparent to the supplier); and
 (j) if there is a contract between the acquirer and the supplier for the acquisition of the financial services:
 (i) the