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The Full Court of the Federal Court recently considered the unusual circumstance of a party to a contract seeking to rely on an express right of termination, even though that party had itself repudiated the contract.

The Federal Magistrates Court has now had two opportunities to consider and determine claims made in the jurisdiction which, at this stage, is unaffected by the Forward with Fairness reforms. In the first of these, the Federal Magistrates' Court found that the contracts of three owner-drivers were unfair, to the extent that they allowed the principal to require them to upgrade their trucks.