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INDEPENDENT CONTRACTORS ACT 2006 - SECT 16

Orders that Court may make

  (1)   If the Court records an opinion under section   15 in relation to a services contract, the Court may make one or more of the following orders in relation to the opinion:

  (a)   an order setting aside the whole or a part of the contract;

  (b)   an order varying the contract.

  (2)   An order may only be made for the purpose of placing the parties to the services contract as nearly as practicable on such a footing that the ground on which the opinion is based no longer applies.

  (3)   If an application under this Part   is pending, the Court may make an interim order if it considers it is desirable to do so to preserve the position of a party to the services contract.

  (4)   An order takes effect on the date of the order or a later date specified in the order.

  (5)   A party to the services contract may apply to the Court to enforce an order by injunction or otherwise as the Court considers appropriate.

  (6)   Subject to section   14, this section does not limit any other rights of a party to the services contract.

Note 1:   The rights of a party to a services contract may be affected by the exclusion provisions.

Note 2:   An appeal may be brought to the Federal Court of Australia from a judgment of the Federal Circuit and Family Court of Australia (Division   2) : see section   24 of the Federal Court of Australia Act 1976 .


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