INDEPENDENT CONTRACTORS ACT 2006 - SECT 15 Powers of Court

INDEPENDENT CONTRACTORS ACT 2006 - SECT 15

  (1)   In reviewing a services contract in relation to which an application has been made under subsection   12(1), the Court may have regard to:

  (a)   the relative strength s of the bargaining positions of the parties to the contract and, if applicable, any persons acting on behalf of the parties; and

  (b)   whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the contract; and

  (c)   whether the contract provides total remuneration that is, or is likely to be, less than that of an employee performing similar work; and

  (d)   any other matter that the Court thinks is relevant.

  (3)   If the Court forms the opinion that a ground referred to in subsection   12(1) is established in relation to the whole or a part of the services contract, the Court must record its opinion, stating whether the opinion relates to the whole or a specified part of the contract.

  (4)   The Court may form the opinion that a ground referred to in subsection   12(1) is established in relation to the whole or a part of the services contract even if the ground was not canvassed in the application.

Note:   An alternative dispute resolution process (for example, mediation) may be used to deal with some or all of the matters in dispute in a proceeding under this Part: see Part   5 of Chapter   4 of the Federal Circuit and Family Court of Australia Act 2021 and section   53A of the Federal Court of Australia Act 1976 .