Q&A

Question: What is an Unfair Contract Under the Independent Contractors Act 2006?

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.