OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007 - SCHEDULE 1
OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007 - SCHEDULE 1
[s. 13, 14, 15, 15A and 16]
[Heading amended: No. 36 of 2022 s. 30.]
Division 1 — Responding to claims for payment
1 . Responding to a payment claim
Within 14 days after a
party receives a payment claim, the party must do one of the following —
(a) pay
the part of the amount of the claim that is not disputed;
(b) pay
the whole of the amount of the claim.
Division 2 — Interest on overdue amounts
2 . Interest payable on overdue amounts
(1) Interest is
payable on so much of an amount that —
(a) is
payable under this contract by a party to another party on or before a certain
date; and
(b) is
unpaid after that date.
(2) The interest must
be paid for the period beginning on the day after the date on which the amount
is due and ending on and including the date on which the amount payable is
paid.
(3) The rate of
interest at any time is equal to that prescribed for that time under the
Civil Judgments Enforcement Act 2004 section 8(1)(a).
Division 3 — Making claims for payment
3 . Content of claim for payment
A payment claim must
—
(a)
state the name of the claimant; and
(b)
state the date of the claim; and
(c) in
the case of a claim by the owner-driver — itemise and describe the
obligations under this contract that the owner-driver has performed and to
which the claim relates in sufficient detail for the hirer to assess the
claim; and
(d) in
the case of a claim by the hirer — describe the basis for the claim in
sufficient detail for the owner-driver to assess the claim; and
(e) be
given to the party against which the claim is made.
Division 4 — Termination of contract
[Heading inserted: No. 36 of 2022 s. 31.]
(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.
[Clause 4 inserted: No. 36 of 2022 s. 31.]
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%.
[Clause 5 inserted: No. 36 of 2022 s. 31.]