7DCourt may set aside affected agreement

#### 7D Court may set aside affected agreement 7D Court may set aside affected agreement > > (1) A person (the applicant) who, because of an affected agreement, is prevented from exercising an action on a cause of action may— > > > > > (a) commence proceedings on the cause of action in a court with sufficient jurisdiction to hear the cause of action, and > > > > > (b) apply to the court to set aside the affected agreement. > > > (2) The court may set aside an affected agreement if it is just and reasonable to do so. > > > (3) The court may consider the following in making its decision to set aside the affected agreement— > > > > > (a) the amount paid to the applicant under the agreement, > > > > > (b) the bargaining position of the parties to the agreement, > > > > > (c) the conduct in relation to the agreement of— > > > > > > > (i) the parties other than the applicant, or > > > > > > > (ii) the legal representatives of the parties other than the applicant, > > > > > (d) any other matter the court considers relevant. > > > (4) Section 131(1) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) does not prevent evidence being adduced in proceedings under this section, even if the evidence is of a communication made, or a document prepared, in connection with an attempt to negotiate a settlement of the dispute to which the affected agreement relates. > > **pt 1C (ss 7A–7F):** Ins 2021 No 28, Sch 1\[2\].