Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1324

1324. (1) Where a person has engaged, is engaging or is proposing to engage in
conduct that constituted, constitutes or would constitute:

   (a)  a contravention of this Act;

   (b)  attempting to contravene this Act;

   (c)  aiding, abetting, counselling or procuring a person to contravene this
        Act;

   (d)  inducing or attempting to induce, whether by threats, promises or
        otherwise, a person to contravene this Act;

   (e)  being in any way, directly or indirectly, knowingly concerned in, or
        party to, the contravention by a person of this Act; or

   (f)  conspiring with others to contravene this Act; the Court may, on the
        application of the Commission, or of a person whose interests have
        been, are or would be affected by the conduct, grant an injunction, on
        such terms as the Court thinks appropriate, restraining the
        first-mentioned person from engaging in the conduct and, if in the
        opinion of the Court it is desirable to do so, requiring that person
        to do any act or thing.

(2) Where a person has refused or failed, is refusing or failing, or is
proposing to refuse or fail, to do an act or thing that the person is required
by this Act to do, the Court may, on the application of:

   (a)  the Commission; or

   (b)  any person whose interests have been, are or would be affected by the
        refusal or failure to do that act or thing; grant an injunction, on
        such terms as the Court thinks appropriate, requiring the
        first-mentioned person to do that act or thing.

(3) Where an application for an injunction under subsection (1) or (2) has
been made, the Court may, if the Court determines it to be appropriate, grant
an injunction by consent of all the parties to the proceedings, whether or not
the Court is satisfied that that subsection applies.

(4) Where in the opinion of the Court it is desirable to do so, the Court may
grant an interim injunction pending determination of an application under
subsection (1).

(5) The Court may discharge or vary an injunction granted under subsection
(1), (2) or (4).

(6) The power of the Court to grant an injunction restraining a person from
engaging in conduct may be exercised:

   (a)  whether or not it appears to the Court that the person intends to
        engage again, or to continue to engage, in conduct of that kind;

   (b)  whether or not the person has previously engaged in conduct of that
        kind; and

   (c)  whether or not there is an imminent danger of substantial damage to
        any person if the first-mentioned person engages in conduct of that
        kind.

(7) The power of the Court to grant an injunction requiring a person to do an
act or thing may be exercised:

   (a)  whether or not it appears to the Court that the person intends to
        refuse or fail again, or to continue to refuse or fail, to do that act
        or thing;

   (b)  whether or not the person has previously refused or failed to do that
        act or thing; and

   (c)  whether or not there is an imminent danger of substantial damage to
        any person if the first-mentioned person refuses or fails to do that
        act or thing.

(8) Where the Commission applies to the Court for the grant of an injunction
under this section, the Court shall not require the applicant or any other
person, as a condition of granting an interim injunction, to give an
undertaking as to damages.

(9) In proceedings under this section against a person the Court may make an
order under section 1323 in respect of the person.

(10) Where the Court has power under this section to grant an injunction
restraining a person from engaging in particular conduct, or requiring a
person to do a particular act or thing, the Court may, either in addition to
or in substitution for the grant of the injunction, order that person to pay
damages to any other person.