Andrew Murray (WA, Australian Democrats) Share this | Hansard source

by leave—I move amendments (6) to (9) on sheet 5062 revised:

(6)    Clause 12, page 10 (lines 20 to 23), omit subclause (1), substitute:

        (1)    An application may be made to the Court to review a services contract on any of the following grounds:

             (a)    the contract is unfair, or became unfair because of any conduct of the parties or for any other reasons;

             (b)    the contract is harsh, or became harsh because of any conduct of the parties or for any other reasons.

(7)   Clause 12, page 10 (after line 28), at the end of the clause, add:

        (3)    An application under subsection (1) may be made even though the services contract has terminated.

(8)   Clause 16, page 13 (after line 2), after subclause (1), insert:

     (1A)    If an order under subsection (1) is made by the Court, the Court may also make an order in relation to the payment of money in connection with the services contract as the Court considers just in the circumstances of the case.

(9)   Clause 17, page 13 (line 25), at the end of subclause (1), add “or unreasonably failed to agree to a settlement of the claim”.

Amendments (6), (7), (8) and (9) on sheet 5062 revised relate to the unfair contracts provisions. Amendment (6) amends the bill to give the court an express power to examine a contract that has become unfair because of the conduct of a party or for some other reason. The New South Wales provisions give the court this capacity, and it is pivotal in owner-driver cases, especially in what are known as goodwill and ‘starve out’ cases. I do not know if ‘starve out’ is special terminology they use, but it essentially means you hold out until the other side are so weary that they give in. Amendment (7) amends the bill to give the court the express power to examine the fairness of a contract where the contract is terminated. New South Wales provisions give the court this capacity.

Mr Temporary Chairman, I am having difficulties with a conversation next to me. I am easily distracted. My wife says my great weakness is that I cannot do more than one thing at a time! The conversation was becoming so interesting that I thought: ‘What the hell am I talking about? What are they talking about?’