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

I can assure you it was most interesting! The bill as written allows review of the contract only if it is still on foot. This is useless in the case of an owner-driver who has lost goodwill unfairly because of, or in association with, the termination of the contract.

Amendment (8) seeks to amend the bill to give the court an express power to make a monetary order where unfairness is found. At the moment the bill, unlike the New South Wales and Queensland provisions, allows the court to amend the contract only when unfairness has been found. If a party does not act in accordance with that amendment an applicant would have to take a breach of contract claim to get a monetary order—the same monetary order the New South Wales court can make in the first instance presently. This inserts an extra and costly step for applicants. This is a problem. Under this bill you have to do a two-step tango and in other jurisdictions there is easier and cheaper access.

Amendment (9) seeks to amend the no-costs provision of the act to ensure that costs may be recovered in circumstances where a party has unreasonably failed to settle a matter. Absent such an amendment, respondents with deep pockets will be able to unreasonably refuse settlement and starve out an applicant who will have to fund these costly cases. On those motivations I have moved the amendments.