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The new 'unfair contracts' jurisdiction cannot deal with disputes about the conduct of parties to a contract, the Fair Work Commission has clarified in dismissing a home-care contractor's claim.

A claim in this jurisdiction is "fundamentally distinct from a claim for breach of contract", Deputy President Tony Saunders said.

The claim was lodged by a contractor providing personal care services. Her home-care client was liable to pay her invoices, however this was usually managed through a third party, Trilogy Care.

Before the Commission, the contractor alleged that in December, the client instructed Trilogy Care not to pay any more of her invoices, but did not communicate this to her...