INDEPENDENT CONTRACTORS ACT 2006 - SECT 12 Court may review services contract

INDEPENDENT CONTRACTORS ACT 2006 - SECT 12

  (1)   An application may be made to the Court to review a services contract on either or both of the following grounds:

  (a)   the contract is unfair;

  (b)   the contract is harsh.

Note:   A proceeding pending in the Federal Circuit and Family Court of Australia (Division   2) may be transferred to the Federal Court of Australia: see section   153 of the Federal Circuit and Family Court of Australia Act 2021 and section   32AC of the Federal Court of Australia Act 1976 .

  (2)   An application under subsection   ( 1) may be made only by a party to the services contract.

  (3)   In reviewing a services contract, the Court must only have regard to:

  (a)   the terms of the contract when it was made; and

  (b)   to the extent that this Part   allows the Court to consider other matters--other matters as existing at the time when the contract was made.

  (4)   For the purposes of this Part, services contract includes a contract to vary a services contract.

Note:   The effect of subsection   ( 4) is that a contract to vary a services contract can be reviewed under this Part, as the contract to vary will itself be a services contract.