15Powers of Court

15 Powers of Court

(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 strengths 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.