Commonwealth Consolidated Acts

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Court may review services contract

             (1)  An application may be made to the Court to review a services contract on either or both of the following grounds:

                     (a)  the contract is unfair;

                     (b)  the contract is harsh.

Note:          A proceeding pending in the Federal Circuit and Family Court of Australia (Division 2) may be transferred to the Federal Court of Australia: see section 153 of the Federal Circuit and Family Court of Australia Act 2021 and section 32AC of the Federal Court of Australia Act 1976 .

             (2)  An application under subsection (1) may be made only by a party to the services contract.

             (3)  In reviewing a services contract, the Court must only have regard to:

                     (a)  the terms of the contract when it was made; and

                     (b)  to the extent that this Part allows the Court to consider other matters--other matters as existing at the time when the contract was made.

             (4)  For the purposes of this Part, services contract includes a contract to vary a services contract.

Note:          The effect of subsection (4) is that a contract to vary a services contract can be reviewed under this Part, as the contract to vary will itself be a services contract.

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