Individuals or corporations can bring private actions for contravention of restrictive trade practices provisions (Part IV), the unconscionable conduct provisions (Part IVA), the industry code provisions (Part IVB) or the consumer protection provisions (Parts V and VA) of the Trade Practices Act.
Remedies include:
damages (s. 82)
injunction (except for mergers prohibited by s. 50) (s. 80)
ancillary orders in favour of persons who suffer loss or damage, including return of property, return of money, specific performance, rescission or variation of contracts, and provision of repairs or spare parts (s. 87)
divestiture of shares in relation to an unlawful merger (s. 81).
The Jurisdiction of Courts (Cross-Vesting) Act 1987 in most cases permits the Federal Court or a state or territory Supreme Court to deal with all related proceedings.
However, Part IV matters must be brought in the Federal Court.
