Document ID: chunk:federal_register_of_legislation:C2005C00499:clause:1_12cc:p2
Version: federal_register_of_legislation:C2005C00499
Segment Type: clause
Provision Reference: sch 1 cl 12CC (pt 2/5)
Character Range: 16303–19103

have foreseen would not be apparent to the service recipient); and
 (j) the extent to which the supplier was willing to negotiate the terms and conditions of any contract for supply of the financial services with the service recipient; and
 (k) the extent to which the supplier and the service recipient acted in good faith.

 (3) Without in any way limiting the matters to which the Court may have regard for the purpose of determining whether a person (the acquirer) has contravened subsection (1) in connection with the acquisition or possible acquisition of financial services from a person (the business supplier), the Court may have regard to:
 (a) the relative strengths of the bargaining positions of the acquirer and the business supplier; and
 (b) whether, as a result of conduct engaged in by the acquirer, the business 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 business 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 business supplier or a person acting on behalf of the business 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 business 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 business supplier was consistent with the acquirer's conduct in similar transactions between the acquirer and other like business suppliers; and
 (g) if the person is a corporation—the requirements of any applicable industry code (see subsection (11)); and
 (h) the requirements of any other industry code (see subsection (11)), if the business 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 business supplier:
 (i) any intended conduct of the acquirer that might affect the interests of the business supplier; and
 (ii) any risks to the business supplier arising from the acquirer's intended conduct (being risks that the acquirer should have foreseen would not be apparent to the business supplier); and
 (j) the extent to which the acquirer was willing to negotiate the terms and conditions of any contract for the acquisition of the financial services with the business supplier; and
 (k) the extent to which the acquirer and the business supplier acted in good faith.