Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Injunctions | ||
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23. (1) A qualified entity may, in a representative action brought in accordance with section 19 , apply to the Court for an injunction and the Court may, on such application make an order granting one of the following: | ||
(a) an interim injunction to cease a practice or, where appropriate, to prohibit a practice where that practice has been deemed by the Court to constitute an infringement; | ||
(b) an injunction to cease a practice or, where appropriate, to prohibit a practice, where that practice has been found by the Court to constitute an infringement. | ||
(2) In making an order under subsection (1)(b), the Court may, where it considers it appropriate— | ||
(a) declare that the practice, the subject of the order, constitutes an infringement, and | ||
(b) direct the trader concerned— | ||
(i) to publish the decision, the subject of the order concerned in full or in part, in such form as the Court considers appropriate, or | ||
(ii) to publish a corrective statement in such form as the Court considers appropriate. | ||
(3) Before a qualified entity may commence proceedings for an injunction under subsection (1)(b), the qualified entity shall be required to satisfy the Court that the entity sought to engage with the trader concerned in an effort to resolve the alleged infringement in accordance with section 21 . | ||
(4) An application to the Court for an order under this section shall be by way of motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. | ||
(5) An order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate. | ||
(6) Where a qualified entity seeks an injunction under this section, an individual consumer shall not be required to notify the qualified entity that he or she seeks to be represented by that qualified entity for such measure. | ||
(7) A qualified entity in making an application under this section shall not be required to prove— | ||
(a) actual loss or damage on the part of an individual consumer affected by the alleged infringement, or | ||
(b) intent or negligence on the part of the trader, the subject of the application concerned. |