Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_352c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 352C
Character Range: 778951–779924

352C  Court may make orders about unfair contracts

 (1) If the Court records an opinion under section 352B in relation to a contract, it may make one or more of the following orders in relation to the opinion:
 (a) an order setting aside the whole or part of the contract;
 (b) an order varying the contract.

 (2) An order may only be made for the purpose of placing the parties to the contract as nearly as practicable on such a footing that the ground on which the opinion is based no longer applies.

 (3) While the application is pending, the Court may make an interim order if it thinks it is desirable to do so to preserve the position of a party to the contract.

 (4) An order takes effect from the date of the order or a later date specified in the order.

 (5) A party to the contract may apply to the Court to enforce an order by injunction or otherwise as the Court thinks fit.

 (6) This section does not limit any other rights of a party to the contract.