Western Australian Numbered Acts Western Australian Numbered Acts At the end of
Schedule 1 insert:
Division 4 — Termination of contract
(1) A party may
terminate this contract by giving the other party written notice of
termination.
(2) A written notice
of termination must state —
(a) the
day on which the notice is given; and
(b) the
day on which the termination of this contract is to take effect.
(3) A notice of
termination given under subclause (1) has no effect if the notice period
is less than the minimum notice period.
(4) Subclause (3)
does not apply if this contract is terminated due to —
(a) a
material breach of the contract; or
(b) the
serious and wilful misconduct of the owner-driver; or
(c)
exceptional circumstances beyond the control of the terminating party that
were not reasonably foreseeable at the time of entering into this contract.
Despite
clause 4(3), the hirer may terminate this contract by paying the
owner-driver —
(a) if
the termination is to take effect immediately — the total amount
that would be payable under this contract in respect of the minimum notice
period, less 25%; or
(b) if a
notice period is given but it is less than the minimum notice
period —
(i)
the amount payable for work performed by the owner-driver
during the notice period; and
(ii)
the amount that would be payable under this contract in
respect of the balance of the minimum notice period, less 25%.