Informax International Pty Ltd v Clarius Group Limited (No 2) [2011] FCA 934

Informax International Pty Ltd v Clarius Group Limited (No 2) [2011] FCA 934

Section 16(4) of the Independent Contractors Act 2006 (Cth) prohibits the making of retrospective variation orders; the Court lacks power to make or amend orders to confer such retrospectivity, and compensation or damages cannot be awarded under the Act for acts occurring prior to the insertion of new terms by court order, as the statutory scheme is directed solely at prospective remediation of unfair contracts based on circumstances existing at contract formation.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Contract Application Under Independent Contractors Act 2006 (cth) / Application to Amend Orders and Pleadings Post Judgment
Outcome
Application dismissed with costs.
Legal Topics
['independent Contractors Act 2006 (cth) Remedies' 'contract Variation' 'retrospective Orders' 'amendment of Orders' 'jurisdiction of Federal Court' 'pleading Amendments']
['contract Law' 'employment Law' 'federal Jurisdiction'] ['independent Contractors Act 2006 (cth) Remedies' 'contract Variation' 'retrospective Orders' 'amendment of Orders' 'jurisdiction of Federal Court' 'pleading Amendments']

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Procedural Posture

Contract Application Under Independent Contractors Act 2006 (cth) / Application to Amend Orders and Pleadings Post Judgment

Legal Issues

  1. 1 ['Whether the Federal Court can retrospectively vary a contract under the Independent Contractors Act 2006 (Cth) s 16(4)' 'Whether the Court can amend its earlier orders to make them retrospective under the slip rule (Federal Court Rules 2011 r 39.04)' 'Whether statutory scheme permits prospective as opposed to retrospective orders' 'Whether compensation for loss arising from past conduct can be awarded under the Act' 'Whether leave to amend pleading to seek damages for breach of varied term should be granted']

Ratio Decidendi

Section 16(4) of the Independent Contractors Act 2006 (Cth) prohibits the making of retrospective variation orders; the Court lacks power to make or amend orders to confer such retrospectivity, and compensation or damages cannot be awarded under the Act for acts occurring prior to the insertion of new terms by court order, as the statutory scheme is directed solely at prospective remediation of unfair contracts based on circumstances existing at contract formation.

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicants' amended notice of motion dated 10 June 2011 be dismissed with costs."]