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The Independent Contractors Act, 2006 (Australia)

The Independent Contractors Act 2006

The Independent Contractors Act 2006- allows independent contractors to ask a court to review a contract on the grounds that it’s ‘unfair’ or ‘harsh’. The court may consider:

  • the terms of the contract when it was made
  • the relative bargaining strengths of the contract parties and, if applicable, anyone acting on their behalf
  • whether there was any undue influence or pressure, or any unfair tactics used against, a party to the contract
  • whether the contract provides remuneration that is less than that of an employee doing similar work
  • any other matters the court thinks is relevant.
  • The court may order:
    • to change the terms of the contract (for example, adding or removing terms)
    • to ‘set aside’ (make ineffective) the whole contract, or part of the contract.

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