New South Wales Consolidated Acts

FRUSTRATED CONTRACTS ACT 1978 - SECT 6

6 Act does not apply to certain contracts

(1) This Act:

(a) does not apply to a contract made before the commencement of this Act,

(b) does not apply to a charter-party, except a time charter-party and except a charter-party by way of demise,

(c) does not apply to a contract (other than a charter-party) for the carriage of goods by sea,

(d) does not apply to a contract of insurance, and

(e) does not apply to any other contract in so far as the parties thereto have agreed that this Act does not apply to the contract.

(2) This Act does not apply to a contract embodied in or constituted by the memorandum or articles of association or rules or other instrument or agreement constituting, or regulating the affairs of, any of the following bodies:

(a) a company within the meaning of the Corporations Act 2001 of the Commonwealth,

(b) a registrable body within the meaning of the Corporations Act 2001 of the Commonwealth,

(b1) a co-operative registered under the Co-operatives National Law (NSW) ,

(c) a society registered under the Friendly Societies Act 1989 , the Financial Institutions (NSW) Code or the Co-operative Housing and Starr-Bowkett Societies Act 1998 ,

(d) an association registered under the Associations Incorporation Act 2009 ,

(e) an industrial organisation within the meaning of the Industrial Relations Act 1996 that is a State organisation incorporated under that Act,

(f) a partnership within the meaning of the Partnership Act 1892 , or

(g) any association which, on a proper case arising, is liable to be wound up or dissolved by order of the Supreme Court of New South Wales,

in any case in which the circumstances alleged to give rise to frustration of the contract furnish a case for the winding up or dissolution of the body.

(3) Where a contract is severable into parts and one or more but not all parts are frustrated, this Act does not apply to the part or parts not frustrated.