Independent Contractors Act 2006

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

the relative strengths of the bargaining positions of the parties to the contract and, if applicable, any persons acting on behalf of the parties; and

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

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

any other matter that the Court thinks is relevant.

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.

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.

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.