41Effect of non‑compliance with section 38general

#### 41 Effect of non‑compliance with section 38general (1) Subject to subsection (2) and subsection 32(3), a transaction (other than a transaction to which section 41A applies) entered into in contravention of section 38 is of no effect. (2) The Court, on application by a party to the transaction, may make an order declaring that the transaction is effective, and is to be taken always to have been effective, for all purposes. (3) If the Court is satisfied that the applicant entered into the transaction in good faith and without knowledge of the contravention of section 38, as the case may be, the Court may have regard to any hardship that would be caused to the applicant if an order were not made under subsection (2). (4) Subsection (3) is not intended to limit the matters to which the Court may have regard on an application under subsection (2).