Informax International Pty Ltd v Clarius Group Limited [2012] FCAFC 165

FEDERAL COURT OF AUSTRALIA

Informax International Pty Ltd v Clarius Group Limited [2012] FCAFC 165 Citation: Informax International Pty Ltd v Clarius Group Limited [2012] FCAFC 165

Appeal from: Informax International Pty Ltd v Clarius Group Limited (2011) 192 FCR 210; [2011] FCA 183 Informax International Pty Ltd v Clarius Group Limited (No 2) (2011) 282 ALR 405; [2011] FCA 934

Parties: INFORMAX INTERNATIONAL PTY LTD and ISABEL MENANO-PIRES v CLARIUS GROUP LIMITED

File number: NSD 1484 of 2011

Judges: BESANKO, JAGOT AND BROMBERG JJ

Date of judgment: 20 November 2012

Catchwords: CONTRACT – whether contract "unfair" within the meaning of the Independent Contractors Act 2006 (Cth) – validity of restraints of trade – relationship between restraints of trade and the Independent Contractors Act 2006 (Cth) CONTRACT – power of Court to make an order varying a contract – time of operative effect of such order – construction of ss 12(3) and 16(4) Independent Contractors Act 2006 (Cth)

Legislation: Commonwealth Conciliation and Arbitration Act 1904-1915 (Cth) Independent Contractors Act 2006 (Cth) Industrial Relations Act 1988 (Cth) Industrial Relations Reform Act 1993 (Cth) Workplace Relations Act 1996 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 (Cth) Industrial Arbitration Act 1940 (NSW) Industrial Relations Act 1991 (NSW) Industrial Relations Act 1996 (NSW) Restraints of Trade Act 1976 (NSW) Federal Court Rules 1979 (Cth) Independent Contractors Bill 2006 (Cth) Industrial Relations Legislation Amendment Bill 1992 (Cth)