An independent contractor can ask the court to set aside (i.e. cancel) a services contract because it’s unfair under the Independent Contractors Act 2006. When reviewing a contract, the court will consider the following:
- the terms at the time the contract was made;
- the relationship between the parties;
- the bargaining power of each party;
- any tactics that may have been used to pressure or influence a party to enter the contract;
- if the contractor would receive less under the contract than that of an employee performing similar duties; or
- any other relevant matters the court wishes to consider.