Legal words

Lawyers often use technical terms. This guide to common legal words will make it easier for you to understand the law and Victoria’s legal system. It will help you understand the legal information you need to read when you have a legal issue or problem. abate To reduce, remove or minimise harm to a property, abduction Stealing someone away from their home, abrogate To abolish or cancel something, such as a law, so absolute privilege The protection given to parliamentary abuse of process Using a legal right or process in a way accused A person who has been charged with a crime. acquit To find someone ‘not guilty’ on a charge in a act of bankruptcy An action of a debtor that shows they act of God A natural event such as a cyclone that no-one Act A written law made by parliament. Also called an ‘Act actus reus Actions or omissions that must be proved adduce To present evidence to a court. This may be done adjourn To postpone a court case, to move the hearing to adjournment without conviction In a criminal case, a administrative act A decision or action by a government administrative law Rules that govern the decisions of administrator (1) (wills) Someone who takes legal respons advance care directive A document created by a person alternative dispute resolution (ADR) A way of resolving adversary system The system used to decide court cases affidavit A document that presents written evidence in affirmation A formal promise to the court that a age of consent The age when a young person can legally agent A person who acts for someone else. They can aggravated damages Money ordered by a court as extra aggravating factors Circumstances that make an offence aiding and abetting Helping someone carry out a alibi An answer to a criminal charge that says the accused alleged Claimed but not proved. For example, the police amendment A change made to a legal document or Act amenity The pleasantness, benefits and enjoyableness of an amicus curiae A person who is not a party to a dispute annuity A payment or other benefit that is received once annul To cancel the legal effect of something, as if it never antecedent Prior. Something that happened before. appeal The review of the decision of a lower court by a appellant A person who appeals a decision of a court or arbitration A form of alternative dispute resolution where arrears Money owed that is due on a certain date and is arrest To seize a person suspected of breaking the law assessable income The total of a person’s annual pay assignment Legal transfer of some right to use property. asylum Refuge or protection from persecution, usually in at large Having escaped from control, for example, a attachment of earnings A court order that tells an attestation clause Words in a document that say a award (1) A standard set of working conditions, including bail bond A form signed by a person released on bail. It bail justice An official, usually based at a police station, bail The procedure that allows a person who has been bailment Looking after another person’s goods. The balance of probabilities More likely than not. The bankruptcy petition A formal action by either a debtor or bankruptcy When a debtor who cannot pay their debts barrister A lawyer who specialises in giving advice in beneficiary (1) Someone whose money or property bequeath To leave money or other property to someone beyond reasonable doubt The level of proof (or bias A pre-existing attitude or opinion that favours one bona fide Honest and genuine. bond (1) An undertaking by someone to do or not do breach of contract Failing to do what was agreed in burden of proof The obligation on one legal party to business purpose declaration A document signed by by-laws Former name of local laws. capacity The ability to understand and be held responsible case law Law based on the reasons judges have given caveat emptor ‘Let the buyer beware’. In the past, caveat (1) A warning or notice – for example, to a buyer certificate of title A document created by Land Victoria certiorari An order made by a higher court, such as the character witness A person who appears in court to give charge (1) A statement giving the details of a crime an chattel Anything that can be owned as personal property. child maintenance order A parenting order that sets out citizen’s arrest An arrest by any person who is not a civil action A court case in which one person or organi civil law Non-criminal law. The area of law that covers clear title Outright ownership of property, without any clearout When a debtor moves away from where they live code of practice Guidelines setting out proper practice codicil A document made by a will-maker to change their cohabitation Living together as a couple sharing an collateral contract A separate contract that exists along combined custody and treatment order A sentence committal proceedings A hearing in a Magistrates’ common law defence An answer to a criminal charge or common law (1) The system of law developed by the community treatment order An order that authorises Community Visitor An independent person, a volunteer, community based order (CBO) A sentencing order that community treatment order (CTO) Treatment of compensation order An order requiring that someone compensatory damages Payment of money to a complainant A person who begins a criminal prosecution comprehensive insurance Car insurance that covers a conciliation A form of alternative dispute resolution. The concurrent sentence A prison term that is served at condition precedent A condition that delays the coming conduct money Money covering the cost of travel to confidential relationship A relationship where one confidentiality The principle that private information conflict of interest A situation where someone’s personal consent To agree to something being done, to approve an consideration Something of value, such as money, given consumer lease A contract to hire goods for a particular consumer Under the Australian Consumer Law, a person contact order A parenting order made by a court, stating contempt of court Disobeying a court order or doing contest mention hearing A preliminary hearing in which contract An agreement that the law will enforce. contravene To break a legal rule or fail to carry out a legal contributory negligence A defence to a claim in an action conveyance A document used to transfer real property convict At the end of a criminal trial, to find the accused cooling-off period The time allowed for a purchaser to copyright Property rights over creative works, such as corporal punishment Any physical punishment, but Corrections Independent Support Officer A person corroboration Independent evidence that confirms or costs The amount charged by a lawyer for legal work. counsel A lawyer who appears in court and speaks on counterclaim A formal statement added to a defence, court An independent body that hears legal claims covenant A formal, written agreement that creates a legal cover note A document given by an insurer to a client credibility How believable a witness is in court when they credit charges The fees and interest a consumer will credit contract A contract relating to the giving of credit. credit A debt that does not have to be paid until some creditor The person or organisation to whom a debtor cross-examination An opposing party’s questioning of cross-vesting The process by which a superior court can Crown (1) A common term for the legal power and cumulative sentence Two or more terms of custodial sentence A prison sentence. custody Lawful control over a person which prevents damages A court order for money to be paid to someone de facto In fact, rather than in law. Commonly used to debt agreement An arrangement between a debtor and debt Money that is owed by one person or business debtor A person who owes a debt. declaratory order A court’s judgment about the meaning decree absolute The final order in divorce proceedings, decree nisi An order that a marriage is to be terminated decree of dissolution of marriage Divorce. See decree decree of nullity A court order stating that a marriage is decree (1) A command given by a public authority. For deed A formal legal document that is used for specific deemed Treated by the law as if something is the case, defamation To damage another person’s reputation by default Failure to do something that is legally required. defence (1) A defendant’s response to the legal claims defendant A person who has been charged with a criminal deferred sentence An adjournment without conviction. delegated legislation Laws made by bodies subordinate delegation The transfer of responsibilities from a higher deponent A person who swears or affirms an affidavit. deportation Expelling a non-citizen from a country deposition A written record of the evidence given on determination A finalisation, especially a decision made dictation Improper direction by one person (or body) to direction A legally proper instruction by one person (or directions hearing A short hearing between the judge disbursement Money paid by one person on behalf of discharge (1) To fulfil an obligation or be released from disclosure Providing information to another person or discoverable date The first date that a person knew, discovery Compulsory sharing of facts and documents discretion Power to choose whether to do something distrain To seize the property of a debtor to enforce the divisible property Property belonging to a bankrupt that divorce The legal ending of a marriage by court order. doctrine of precedent See precedent. doctrine A framework, set of rules, procedural steps, domestic relationship A relationship where people live domicile A person’s permanent home according to double jeopardy The principle that no-one should duplicity (1) Deceit. (2) In a pleading in a civil action, duress Forcing someone to do something they do not duty lawyer A lawyer who provides free assistance at duty of care An obligation to take reasonable care to easement A legal right over another person’s land. ejectment An action by an owner to get their land back, encumbrance A legal restriction, such as a mortgage, that endorse To support or approve something; to write on enduring power Written authority given to a person to enforce To make people obey a law or the terms of enforcement review A request you can make to Fines entrapment Action by a law enforcement officer that equitable estoppel See estoppel. equity (1) Fairness and justice. (2) A right to property estate All the property a person has, including real estoppel (1) In general, not being permitted to make eviction The lawful removal of a tenant from a property. evidence Material presented to a court to prove or ex gratia Done as a favour, without any legal obligation ex parte An application to a court made by one party only, examination in chief An party’s questioning of their excess The amount a person does not get back from exclusion clause A term in a contract which tries to executor The person named in a will as the one who must exemplary damages A court order that a wrongdoer exhibit A document or thing that is provided as evidence ex-nuptial Out of marriage; illegitimate. Used to describe express warranty A verbal or written promise made expulsion The deportation of a non-citizen from a extradition The process of allowing an accused person fair dealing Legitimate use or reproduction of copyright false imprisonment Without lawful authority, keeping family violence intervention order A court order made fiat An official authorisation to do something, issued in the fiduciary duty An obligation to act honestly and for the forensic patient or resident A person detained in a forensic procedure A method of collecting evidence, franchise A business arrangement where a person who fraud An intentionally dishonest act, or lack of action, freedom of association The right to join or choose to freedom of information The right of any person to access gazumping The practice of making a higher offer on general damages Part of the money a court orders grievance procedure The steps that need to be followed guarantee A binding promise made as reassurance that guardian (1) Someone who is appointed to make habeas corpus See false imprisonment. hand-up brief A collection of documents that the hearing The time and place at which a court or tribunal hearsay evidence Statements about something that has hire purchase A contract that requires a buyer to purchase hire (1) An agreement to pay for the temporary use of hospital order In a criminal case, a sentence imposed identification material Evidence collected by police to identification parade A police line-up. A group of implied terms (1) Unwritten promises that a court implied warranty A promise that goods and services will in lieu Instead of. So, time in lieu is time off instead of in loco parentis Someone who is acting in the position inadmissible Something that is not allowed as evidence incorporated associations A not-for-profit community incorporated documents Additional papers that are indemnity costs Lawyers’ fees paid in full by the party indemnity A promise to pay compensation to cover losses Independent Third Person (ITP) A person, other than a independent witness (1) An independent person who indictable charge An accusation against a person who is indictable offence A serious crime that is generally heard indictment A document that lists the the accused’s industrial disease Damage to health caused by conditions infant A child or young person under 18. In law, an infant informant A person who swears an affidavit stating that informed consent When a person freely agrees to a informer A person, often a criminal, who gives information infringement notice A notice stating that a summary injunction A court order that directs a person to do, or inquisitorial legal system A kind of legal system found insolvent Being unable to pay your debts in full when they instalment order A court order that allows a debtor time instrument A formal document, in writing or digitally intellectual property Rights given by legislation to make intensive correction order (ICO) A sentence that is interested witness (1) In any legal proceeding, a person interim order A temporary court order that stays in place internal review A request you can make to an enforcement interpleader summons An action by which a person interrogation The asking of questions. In criminal cases, intervention order A court order that prohibits a person intestate Without a will. A person is said to have died invalid Not valid; with no legal effect and not enforceable involuntary patient A patient admitted to a mental irreconcilable difference Long-term disagreement irretrievable breakdown (of a marriage) The final end ITP See Independent Third Person (ITP). joint tenants A form of ownership in which two or more judgment debt The amount of money that a court has judicial review The court’s review of an administrative jurisdiction The authority of a court or tribunal to hear juror A member of a jury. jury A panel of people selected from the general public to knowingly concerned Consciously and deliberately lawyer–client costs The costs a lawyer charges their lease A residential rental agreement that sets out an leasehold Rental of real property. Leasehold gives the legally binding Able to be enforced by law. legatee A person who receives a gift in a will. The gift, legislation Statutory rules made by parliament or by lessee A person who rents property; for example, a tenant lessor A person who owns property and leases it (rents it letter of demand A letter, usually written by a lawyer for letters of administration A document that gives a person liability Legal responsibility, enforced by civil or libel See defamation. lien The right to hold a person’s property as security until limitation period The period within which time court linked credit provider A credit provider who has liquidated An amount of money that is definite, or liquidated damages An amount fixed in a contract as litigant A party in a civil action. litigation Court proceedings about a civil dispute (not a litigation guardian An adult who acts in court for a local laws Laws made and enforced by municipal councils locus standi See standing. long-stop limitation period In personal injury cases maintenance Money paid to a person to financially malice A desire to cause harm to someone, in a criminal mandamus An order made by the Supreme Court mandatory Required by law to be done; a law that must be marriage A voluntary, formal and legally binding material Relevant or important. For example, material material form Any form of storage from which a McKenzie Friend The general term used to describe a means test A list of requirements that a person must mediation A form of alternative dispute resolution where medical treatment decision maker Someone appointed mens rea The mental part of a crime that the prosecution mention date The first day on which a criminal matter is merchantable quality Being in good enough condition to minor In Victoria, a child or young person under 18. misleading or deceptive conduct Something done by misrepresentation Making a statement or doing mitigating circumstances Circumstances which reduce moral rights The rights of the creator, not the owner, of mortgage A restriction attached to ownership of property mortgagee A person or body, such as a bank, that mortgagor A person who borrows money and signs native title The interests and rights of Indigenous natural justice Rules that courts, other dispute settlement necessaries Things such as food and basic clothes that negligence An act that breaches a duty to take reasonable negotiable instrument A signed document, such as negotiation An approach to dispute resolution where next friend A person who brings a court action on behalf nominal damages A small amount of damages a court nominee (1) A person put forward as a candidate for an non-custodial sentence A sentence for a criminal non-parole period The minimum period that a person notice of defence In a civil case, a document that notional earnings The amount of money a person is nuisance Doing something that stops another person fully oath A person’s promise when they swear to tell the truth obiter dictum Words said or written by a judge, when offence A criminal act prohibited by state or offender A person who has committed a crime. offer The first step in agreeing to make a legally binding ombudsman A public official appointed to investigate on their own undertaking When a person is released on onus of proof See burden of proof. order nisi An order that will come into force at the Orders-in-Council Laws made by the Governor-in- originating motion The application that starts a court own motion Decision by a body to take action, such as owners corporation A body corporate created by regis paramount The most important thing, above anything paramountcy principle The family law principle that the parenting order A court order for the care of children parenting plan A written agreement between parents parol agreement A verbal agreement. parol evidence Verbal evidence. The parol evidence rule parole To free a prisoner after they have served a minimum party A person or organisation directly involved in a court party–party costs Legal costs of one party paid by the pecuniary Involving money. A pecuniary loss is a loss of perjury The criminal offence of lying under oath, permanent care order A court order that a child live with perpetrator A person who commits a crime. perpetual succession The fact that a company or personal property security A legal charge over a chattel personal property Any property that is not freehold land personal safety intervention order A court order plaintiff A person who begins a civil action against pleadings Written statements submitted by both parties police brief Evidence that the police prosecutor uses to portability Able to be moved. For example, mobile phone possession (1) Having control over property. Possession power of attorney A formal, written legal document precedent The doctrine that courts must follow past pre-hearing conference An informal, compulsory and preliminary examination or hearing See committal prerogative writ An order made by the Supreme Court of prescribed owners corporation An owners corporation pre-sentence report A report the court considers before presentment A document listing the charges against presumption of innocence The principle in criminal law prima facie Something that seems to be the case, on the prima facie case A serious case which has a real prima facie evidence Enough evidence to convict primary victim Someone injured or killed as a direct result principal relief The main things a plaintiff in a civil case private nuisance Interference with another person’s private ruling An opinion given by the Australian Taxation privative clause A provision in a statute that seeks to privilege against self-incrimination An accused person’s privileged information Information that is protected and privity of contract The principle that only the actual pro bono Free or reduced-fee assistance in a legal matter. probate The process of proving that a deceased person’s probation A non-custodial sentence that is served in the procure (1) Obtain. For example, police can procure professional indemnity insurance A type of insurance prohibited name A name that cannot be registered prohibition An order made by the Supreme Court of prohibition notice A safety notice that bans some activity prohibition An order to stop a lower court or tribunal prosecution The party presenting evidence in court on protected property In bankruptcy, goods owned by a protection application An application to a court by the protection order An order made by a court in response prothonotary The title of the chief clerk of the Supreme provable debt In a bankruptcy, a debt accepted by the proxy A person who has been given power to do prudential Honest and careful conduct in finance and psychosurgery Brain surgery used as a way of treating public nuisance A nuisance that interferes with the public officer A person appointed to act on behalf of pursuant to By authority of, or in accordance with, or as qualified privilege A defence that gives protection against quantum An amount. For example, the quantum of quorum The number of people who have to be present real estate Real property. real property Land, and any permanent buildings on rebuttable Capable of being proved wrong in court. recognisance A bond or undertaking made to show a referral authority An authority or government registrar The officer in charge of the administrative registry The administrative section of a court that accepts regulations or rules Laws made by a body other than related victim A person with a close family or personal release A document signed by parties ending a court remand in custody An order that a person charged with remission A reduction in the length of a prison term. renewable insurance policy Insurance provided for repairer’s lien The right of a repairer to hold repaired repeal To cancel the whole or part of an Act of parliament repossession Taking back goods bought on credit from represented person A person whose financial affairs are rescinded Revoked or cancelled. rescission The ending of a contract in a manner that residence order A parenting order that states who a respondent (1) A defendant in a civil case that has been responsible authority The government department or restitution Making good, returning things to the way restraining order In family law, a court order that prohibits restraint of trade A commercial arrangement that prevents restricted community treatment order (RCTO) Release retrospective law A law that applies to something that reversed onus of proof The situation where the review on the merits Review of a case by a tribunal revocation Cancellation of a previous law or legal sanction (1) Punishment or threat of punishment to make schedule Extra information accompanying an Act of secondary victim (1) A person who witnesses a crime section 32 statement See vendor’s statement. secured creditor A person or company that is owed security interest An interest in or power over property to security patient/resident A person who has been sent to a security Money or property promised to be handed over self-incrimination Saying something that might be used self-representation Presenting your own case in court self-represented litigant A person who does not have a sentencing order A court order that imposes a sequestration order An order taking away a bankrupt’s serious indictable offence An indictable offence that has serious injury Injury as a result of a car accident or other service Formal delivery of legal documents to a person servitude (1) Being completely under the control of severable (parts of a contract) Able to be removed by sheriff An officer of the court who is responsible for the show cause The requirement that a party convince sine die Latin for ‘another day’. Used when a court slander See defamation. solicitor A legal practitioner (lawyer) who sees clients and solvent Having enough money to pay all your debts when special circumstances These are defined in the special damages Part of the money a court orders to be specific performance Carrying out the precise obli spent conviction A criminal conviction which is removed stale complaint A complaint that fails because the person stamp duty A state tax on the transfer of ownership of stand down To adjourn (postpone) a case. Also called standard of proof The level of proof required level to standing The right to appear in a court action and be status quo The way things are now, the existing situation. statute A law made by parliament, either state or statute-barred debts Debts for which the right to take statutory declaration A written statement of facts that statutory defence Protection against being sued that is statutory Found in a statute of delegated legislation. stay of proceedings An order that a particular legal strict liability Holding a person responsible for breaking subpoena A court order saying that a person must substantiation Providing proof of a claim; for example, sue To take legal action in a civil case. sufficiently interested party A person or company summary offence A minor criminal offence, for example summons A formal document issued by a court which supervision order An order the Children’s Court may supportive attorney A person appointed to support support person A person appointed to support a patient to surety In criminal law, a person who promises a court that suspended sentence In a criminal matter, an suspension Exclusion of a student from school for sworn evidence Evidence given in court under oath taxable form Set out in a way that meets the requirements tenancy The agreement between a landlord and a tenant tenants in common A form of joint ownership in which tender To offer or hand over. For example, evidence termination The end of something. Contracts terminate terms of reference The formal list of things that a body testamentary capacity The legal and mental ability to testator A person who makes a will. therapeutic privilege The right of doctors and other health third-party objector A person appealing against a Torrens title The most common system of land tort A civil wrong that causes harm, intentionally or trafficking Trading people or illegal products such as guns, transfer of land A document used to change ownership treatment order A court order saying that a person trespass (1) Going onto someone’s land without tribunal A body set up to hear and decide disputes, usually trust account A bank account in which money is held on trust deed A formal legal document setting out the rights trust A type of property ownership or arrangement where ultra vires ‘Beyond power’. An act of a person or body unconscionable conduct Behaviour that takes unfair undertake To promise to do or not do something, such as undue influence Taking unfair or improper advantage of unliquidated Not yet set as a definite amount. For unrepresented litigant See self-represented litigant. valid Legally binding or effective. vendor A seller. vendor terms A contract of sale of real estate that allows vendor’s statement A document that a seller (vendor) of vexatious Causing trouble without good legal reason. victim impact statement A statement made to the court visa A permit that allows a person who is not a citizen void Having no legal effect. A void agreement has voidable Able to be cancelled, but having full legal effect Voice Over Internet Protocols (VoIP) A general term for voir dire In a criminal trial, a process where the judge hears voluntary patient A patient admitted to a mental facility voluntary Done by your own free will. See also community waive To give up a legal right or claim. warrant A document issued by a court directing an officer warranty A promise in a contract. For example, a promise waste Something that does lasting damage to land or whistleblower A person within an organisation who will A document that sets out what a person wants to witness A person who can provide direct information writ (1) A formal legal document in in the King’s name, write off To cancel a debt. This means the person owing

List of cases List of legislation COMMONWEALTH LEGISLATION STATE LEGISLATION INTERNATIONAL Index abandoned goods see tenancy abatement notice nuisance 579, 580, 1040 pollution 1040 abduction child 160 Family Dispute Resolution Service 65 forensic sample offence 190 sexual purpose 157, 160 Aboriginal and Torres Strait Islander

people Aboriginal heritage test 1025 Aboriginal Liaison Officers

complaints against police 1143

prisons 226

sexual offence victims contacting 164

Victoria Police 1143, 1148 ABSTUDY 337 bail application 201

COVID-19 and 207

exceptional circumstance 207

refusal, procedure on 198 child protection orders 48 Children’s Koori Court 40, 50, 809 Commonwealth Ombudsman phone

number 1084 constitutional recognition 6 Consumer Affairs Victoria resources 728 County Koori Court 20, 29 cultural heritage management plan 1024–5 definition 201 Djirra (legal service) 89, 166, 306 Elizabeth Morgan House Aboriginal

Women’s Services 167 First Nations Legal and Research Services

9, 12 First People’s Assembly 7 forensic procedures 191 heritage protection 1024–5

restorative justice 1039–40 Indigenous corporations 614–16 knowmore legal 389 Koori community engagement officers 16 Koori Court 13, 15, 809 Koori Family Violence and Victims

Support Program 300 Koori Help (CALC) 728 Koori Helpline (CAV) 728 legal aid 62, 63 mental health information sharing 846 National Indigenous Consumer Strategy

728 native title 7–10 Neighbourhood Justice Centre (NJC) 40

police, complaints about 1143

police interviews 180

prisons, Aboriginal Liaison Officer 226

sexual offences against 164

treaty legislation 6–7

VCAT Koori engagement team 500

Victorian Aboriginal Health Service 389,

850

Victorian Aboriginal Legal Service 62,

71, 92, 728

VOCAT Koori List Registrar 167

wildlife, rights and interests in 1044

Aboriginal Family Violence Prevention

and Legal Service see Djirra

Aboriginal heritage protection 1024–5

Aboriginal law 7–10

absolute privilege 1011

access to premises 784, 989, 1005

AS 1428 784

Building Code requirements 784

disability discrimination 784, 989, 1004

Disability Standards 784, 986, 1005

educational facilities 783

employment 783

public premises 989

unjustifiable hardship 783, 784

workplace 783

access to transport 784, 1005

Accident Compensation Conciliation

Service 946

accommodation

age discrimination 1005

aged care see aged care

disability, people with 783–4, 987

discrimination 783–4, 987, 989

family violence victims 304–5

tenancy see tenancy

acquisition of property on just terms 6

Act of Grace scheme 342

Action for More Independence and

Dignity in Accommodation

(AMIDA) 791

Action on Disability within Ethnic

Communities (ADEC) 791

Activist Rights website 1045, 1052

Acts of Parliament 2–3, 10

amendment 3

citation xi

federal register of legislation 79

finding 10–11, 78–9

inconsistent federal and State laws 2–3, 5

interpretation 2–3

legal challenges 2 overruling judge-made law 4 reading 11 repeal 3 unconstitutional 2, 5 websites 11 adjourned undertaking (good behaviour

bond) bail, ‘sentence’ for purposes of 207 Children’s Court 43 Commonwealth offences 37 conditional 32, 34 contravention 34–5 contribution conditions 34 criminal record 240, 242 drug offences 144 fine default 122, 124 intellectually disabled defendant 37 property damage offence 1050 section 76 bond 144 with conviction 34 without conviction 32, 34, 240

drug offences 144 young offenders 43 adjournment of proceedings bail extension 212 bail hearing 199 Children’s Court 41

deferral of sentencing 41

interim accommodation order

47–8

legal representation, to obtain 40 criminal matters 73, 84, 85 diversion program, to take part in 36 enforcement warrant hearings 123, 124 environmental matters, to resolve 1040 failure to prepare documents 78 individual support plan, to prepare 37 summary case conference, for 217 administration of affairs see guardianship

and administration administration of estate see estates administrative action Cth Ombudsman investigation 1085 definition 1085, 1088 Vic Ombudsman investigation 1088 Administrative Appeal Tribunal (Cth)

22, 23 appeal from 23 Centrelink decisions, review of 23 child support review 272 contact details 29, 86, 343, 407, 1137 costs 85 decisions reviewable by 23 duty lawyers 65, 94 freedom of information reviews 23, 1127,

1131 General Division 23 legal aid 65 Migration and Refugee Division 23 Migration Review Tribunal merged with

23 NDIS reviews 781 Refugee Review Tribunal merged with 23 self-representation 77, 85 social security appeals 291, 339–42 Social Services and Child Support Division

23, 85, 275, 343 SSAT merged with 23 taxation reviews 403 website 29, 86, 275, 340, 343, 403, 407 admissions to police 181 adoption 49, 267, 287–8 changing child’s name 311 child protection cases 49 consent 287

both parents 287

court dispensing with 287 de facto couples 287–8, 290 death of adoptive parent 290 DFFH

child protection cases 49

placing child for adoption 49 domestic partner, by 288 father’s consent 287 name of child 311 orders 288 parental leave 331–2 parental responsibility 267, 288 paternity not established 287 permanent care order 49 same-sex couples 276, 288, 290 surrogacy, child born by 279, 288 Adult Parole Board of Victoria 225 challenging decision of 225 contact details 238 discretionary powers 225 interstate transfer of prisoner on parole

228 parole decisions 225 Serious Violent Offender or Sexual

Offender (SVOSO) Division 225 advance care directives (ACDs) 857–8 advocacy and advice 797, 798 capacity to make 857 changing 857 disputes about 857 instructional directive 857 mental illness, treatment for 857 resources 859 values directive 857 witnessing 857 Advance Care Planning 859 advance statement of preferences

824–5 advocate helping with 822, 823 authorised psychiatrist taking account

of 825 decision-makers taking account of 825 DoH form 825 reasonable steps to give effect 824 treatment not according with 827 adversary system 78

adverse possession 585

common property not subject to 608

fencing dispute 585

advertising

bait advertising 526, 701

discriminatory 991, 1003, 1004

house, selling 551

leafleting 1051

political material 1051

postering 1051

advice directory 88–94

advocacy 796

definition 796

disability see disability advocacy

Public Advocate see Office of the Public

Advocate

Self Advocacy Resource Unit 794, 802

AED Legal Centre 88, 791, 799, 801

affidavits 27–8

divorce, evidence by 259

oath or affirmation 27

service, of 259

witnessing 28

affray 1050

age discrimination 889–91, 1005

complaints 890–1, 894

direct/indirect 889–90

employment 890, 1005, 1072

legislation 889

permissible 993, 1005

positive discrimination 1005

what is 889–90

Age Pension 314–15

assets test 318

blind person 315, 317, 318

eligibility 314–15

income test 317

portability 336

rate 315

Rent Assistance 315, 329

residency requirements 315

Seniors Health Card 335

taxation 337

Work Bonus 317

aged care

assets for care arrangements 884–9

abuse, potential for 884, 886

Centrelink implications 884, 887

failure of, recovery of funds 886

family home as security for loan 884, 886

granny flat arrangements 884, 886

independent legal advice 885

loans and gifts to family 887

planning for breakdown of 884–5

purchasing property with adult child

884, 885

redress for failed arrangements 886

Seniors Rights Victoria (SRV) advice

booklets 885

sharing home with adult child 888–9

tax implications 884

Care Finders 893

complaints 893

contacts 893–4

criminal conviction and employment in

248

My Aged Care 894

selling home to go into 893 Aged Care Quality and Safety

Commission 893 aiding and abetting drug offences 139, 143, 144, 151 Airbnb 466 alcohol see drugs and alcohol driving offences see driving offences alcohol exclusion order (AEO) 32, 35 community corrections order conditions

33 exemption or variation 35 procedure 35 alcohol interlock devices 655 alibi 181 allowances see social security alternative dispute resolution arbitration see arbitration mediation see mediation AMIDA (housing advocacy) 791 Amy Gillet Foundation 670 Anglicare Victoria Bairnsdale 392 Bendigo 392 Box Hill 389 Echuca 393 Fitzroy 391 Kyneton 393 Lalor 390 Maryborough 393 Mildura 393 Morwell 393 Preston 391 Warragul 394 Werribee 392 Wonthaggi 394 Yarraville 392 Animal Law Institute 88 animals 587–9 Aboriginal rights in relation to 1044 assistance dogs 589, 986 barking dogs 579, 588 bicycle riding with dog 663 cats 587, 588 dangerous dogs 588 dog attacks 588 dog infringement notices 589 dogs 587–9 family violence includes injury to

293 found at large 587 guide dogs 589–90 menacing dogs 588 minor, owned by 587 naturally dangerous animals 587 nature protection laws 1043–4 neighbour disputes 579, 587–9 nuisance 579, 580, 588 responsibility of owners 587 restricted breed dogs 588 scienter 587 straying onto highway 589 trespass 589 annual leave 1056 Appeal Costs Board 980–2 civil matters 980, 981 claims procedure 981 contact details 982 costs that can/can’t be reimbursed 982

payments 982

solicitor and counsel fees 982

witness expenses 982 criminal matters 980–1 discontinued proceedings 981 eligibility for reimbursement 980 indemnity certificates 980 rejection of application 982 appeals 3 AAT see Administration Appeals Tribunal abandoning 20 application for leave 19–20 bail decision 212 bail pending 20, 212–13 Children’s Court, from 45 consumer disputes in VCAT 726 conviction, against 20, 21 costs, reimbursement of 980–2 County Court, from 20 County Court, to 19–20 Court of Appeal 20 criminal proceedings 215 divorce proceedings 263 driver disqualification 651 EPA Victoria decisions 1036 Family Court 263 family law proceedings 263 Federal Circuit and Family Court, from

22, 263 Federal Court 22 fresh evidence 3 High Court, to 22, 263 immigration see immigration appeals income tax assessment 402–4 infringement system decision 128 intervention order 297 leave to appeal 19–20 legal advice before commencing 20 Magistrates’ Court, from 19–21 notice of 19–20 notice of abandonment 20 planning decisions 1026 question of law 21 rehearing 19 sentence, against 20

Children’s Court 45 social security see social security appeals stay of sentence pending 20 Supreme Court, to 20–1

criminal trial 20, 21

Magistrates’ Court, from 21

VCAT, from 23 taxation appeals 402–4

payment of tax pending 404 tenancy disputes 531–3 time limits 3 transport accident compensation 937 tribunal, from 23 undertaking to prosecute 20 VCAT, from 23, 726 APRA AMCOS 762, 764, 766 Ararat Child and Family Services 392 arbitration consumer disputes 716 debt disputes 354 Magistrates’ Court 17–18 unfair dismissal claim 1069

ARC Justice

Goulburn Valley Community Legal Centre

Loddon Campaspe Community Legal

Centre 88

architects 565

armed robbery

County Court jurisdiction 19

DNA sample offence 187

forensic sample offence 190

search without warrant 174

serious indictable offence 174

arrest 172–9

bail, person on 175, 195, 210

behaviour on 179

charging of accused 216

children 193

citizen’s 176, 1052

conduct on 179

debtor failing to attend examination

363

detention 177

driving offences 651

extradition 175

family law injunction, breach of 261

fine default 34, 103, 116

fingerprints, taking 172

firearms, use of 176–7

force, use of 176, 1052

forensic procedures on 172

informing suspect of reason 175

infringement warrant, non-compliance

with 98

infringements procedure 103

interrogation see police interviews

knowing your rights 172

law dealing with 172

method 175

name and address, giving 172, 179

parenting orders, breach of 268

personal search on 177–9

private security guards 1052

protesters 1047

release without bail 173

remand in custody 216

resisting 1050

rights and obligations on 172

search on 177–9

self-incrimination, privilege against 172,

180, 191

taking into custody 173, 177

terrorism suspect 175, 177

unlawful 173, 179, 1138

unreasonable delay in taking before court

198

warrant 175

family violence 296

without warrant 173–4

breach of injunction 302

breach of intervention order 297

Commonwealth offences 174

discretion of arrestor 173

escape from legal custody 174

family violence 174, 297, 302

found committing offence 173

indictable offence 173, 174

summary offence 173

young offender 193 arson causing death DNA sample offence 187 forensic sample offence 190 young offender 39, 44 Arts Law Centre of Australia 766 assault and battery emergency worker 1049 Magistrates’ Court jurisdiction 15, 17 police

assaulting 1049

complaint against 1138

suing in tort 1146 protests 1049, 1051 victim impact statement 36–7 victims’ assistance see victims of crime

assistance assault, sexual see sexual offences assessable income see income tax Assessment and Referral Court (ARC)

List 37, 791, 807–8 CISP, collaboration with 807, 808 contact details 791 defendants with disabilities 37, 807–8 eligibility 808 not guilty pleas 37 process 808 referrals 808 website 37, 791 assisted reproductive treatment (ART) access to 276, 278–9 artificial insemination (AI) 283 central donor registry 287 child protection order check not required

278 child support for child conceived by 270 criminal record check not required 278 DHHS Assisted Reproductive Treatment

Policy Manager 292 discrimination 276 dispute between parents and donor 284 parentage 278, 280–4

disputed 284, 286

presumptions 278, 283–4 parenting presumptions 283–4 registration of birth of child 278, 286 same-sex parents 276, 278, 283

non-birth mother as parent 283 sperm donor 280–2

child support 289

parentage 280–2, 286–7

parental responsibility 279, 284

parenting orders, seeking 280–2

registration of name 278, 286–7 surrogacy see surrogacy Victorian Assisted Reproductive

Treatment Authority 292 Association for Children with a Disability

(ACD) 791, 796 Association of Employees with a

Disability (AED) 88 Legal Centre 88, 791, 799, 801 associations see also community organisations incorporated see incorporated associations unincorporated 611–12 Asylum Seeker Resource Centre (ASRC)

88 asylum seekers public transport fines 105 Refugee Legal 91 attachment of debt 362–3 enforcement of fines by 114–15 enforcement of judgment debt by 362 garnishee order 363 social security debt 338 attachment of earnings 361–2 bankruptcy and 366 child support enforcement order 274 debtor, action by 361 enforcement of fines by 114–15 enforcement of judgment debt by 361 hearing of application 362 Magistrates’ Court General Rules 361 order for 352 suspension of order 362 variation of order 362 Attorney-General Charter of Rights intervention in proceedings about 1001 family law proceedings, intervention in 261, 262 auction consumer guarantees not applicable 705 internet 705, 745–7 sale of house by 551, 556 appointment of person to bid 556 choice of private treaty or 551, 556 conduct, regulation of 556 contract 556, 557 cooling-off rights not applicable 556 exclusive auction authority 551 power of attorney 556 warrant, goods seized under 360 AusCycling Victoria 670 AustLII 11 Australian Business Number (ABN) 406 application for 406 charities 618 community organisations 621 entitlement to 406 online companies 744 online registration 406 search 745 VCAT order in company name 723 Australian Charities and Not-for-Profits Commission (ACNC) 610 contact details 627 registration of charities 610, 617 registration of PBIs 618 regulation of charities 617 reporting requirements 612, 618, 623, 624 website 614, 618, 623, 627 Australian Commonwealth Government website 11 Australian Communications and Media Authority (ACMA) 750, 1112 contact details 1014, 1113 internet content complaints 749 internet content regulation 748 internet gambling information 740 privacy standards 1099, 1112 telecommunications codes registered with 1112 website 740, 748, 750, 1113 Australian Community Support

Organisation 238 Australian Competition and Consumer

Commission (ACCC) ACL administered by 688 advice on consumer laws 713 Consumer Data Right regulated by 1113 contact details 387, 703, 713 debt collection guidelines 338, 461, 702 Digital Platforms Inquiry 1096 internet complaints to 747, 750 SCAMwatch 751 website 387, 687, 703, 747, 750 Australian Constitution see Constitution Australian Consumer Law (ACL) administration by ACCC and CAV 688 application 688–9 asserting right to payment 701 bait advertising 526, 701 charities and not-for-profits, ACCC guide

for 621 clarity in pricing 700 Competition and Consumer Act 2010 Sch 2

704 component pricing 700 consumer, definition 705, 721 consumer disputes 720 consumer guarantees see consumer

guarantees consumer protection provisions 688–97 consumer’s rights, no exclusion of 706 contracts illegal under 682 disputes under see consumer disputes excessive surcharging 700 finance agreements 712–13 financial services excluded 688 fundraising activities 620–1 gifts and prizes, offering 701 goods and services regulated by 688–9 goods, definition 705 harassment and coercion 702 law of Victoria, as 720 lay-by transactions 701 linked credit provider 712 manufacturer, definition 705 manufacturer’s liability 704, 711–12 minimum standards for goods and services

704 misleading and deceptive conduct 345,

642, 678, 688, 689–90 misrepresentation 641–2, 690 motor vehicle sales 641–2 multiple pricing 701 passing off 771 pricing 700–1 proof of transaction 702 pyramid selling 701 referral selling 702 renter, compensation claim under 526 scope 688–9, 704–5 services, definition 705 states, application in 688 supplier’s liability 709–10 supply, definition 705 tenancies 526 trade or commerce, meaning 705 trade practices regulated by 688 unconscionable conduct 642, 681, 688,

690–4, 720 unfair contract terms 642, 681, 688, 694–7,

720 unit pricing 700 unsolicited consumer agreements 697–700 unsolicited credit/debit cards 701 unsolicited goods and services 701 unsolicited sales practices 697–700 wrongfully accepting payments 701 Australian Consumer Law and Fair Trading

Act 2012 (Vic) 688, 720 consumer and trader disputes 720, 721 disputes under 688, 720 fair debt collection provisions 702 Fair Trading Act replaced by 720, 721 unfair contract terms 720 VCAT jurisdiction under 720 Australian Copyright Council 766 Australian Council of Trade Unions

(ACTU) 1065, 1074 Australian Council on Children and the

Media (ACCM) 750 Australian court system 2, 13–23 adversary system 78 Commonwealth courts 13, 14, 21–2 hierarchy 13, 14 jury see jury State courts 13–21 tribunals 13, 22–3 Australian credit licence 425 credit activities 425 credit assistance 425–6, 451 dispute resolution procedure 426 finance brokers 451 intermediaries 426 obligations of holder 426

disclosure 428–9

professional indemnity insurance 426

responsible lending 426–8, 445 Australian Criminal Intelligence

Commission 240 Australian Current Law 11 Australian Customs Service 747 Australian Cybercrime Online Reporting

Network (ACORN) 742 Australian Defence Force see defence

forces Australian Domain Administrator (auDA)

740, 751 Australian eSafety Commissioner 750, 751 cyberbullying investigations 750 internet content complaints 750 Online Content Scheme 750 website 750, 751 Australian Financial Complaints

Authority (AFCA) 716, 730, 962 car insurance disputes 970 car sale complaints 644 complaints to 962 consumer disputes 713, 730 contact details 387, 419, 431, 452, 462,

644, 713, 730, 963, 970, 1125 credit disputes 420, 462 credit reporting complaints 456 determinations 962 insurance disputes 962 jurisdiction 716, 962 negotiation and conciliation 962 Ombudsman services replaced by 419, 716, 730 privacy complaints 1125 superannuation complaints 415, 418, 716 review of insurer’s decision 419 review of trustee’s decision 418, 419 Superannuation Complaints Tribunal replaced by 716 Australian Financial Security Authority (AFSA) 367 administration of bankruptcy law 365, 367 bankruptcy procedure 379–82 contact details 387 debt agreement procedure 384–5 Official Receiver (AFSA) 367, 370, 379, 382, 384 Official Trustee in Bankruptcy (AFSA) 367 website 348, 365, 367, 379, 386, 387 Australian Health Practitioners Regulation Agency (AHPRA) 730, 876, 878 complaints to 730, 841, 876, 878 contact details 730, 850, 879 functions 876 supporting registration boards 878 Australian Human Rights Commission (AHRC) age discrimination complaints 890–1 complaint form 984 complaints to 984, 1002–3, 1005 contact details 751, 792, 894, 1006, 1148 disability related complaints 792, 801 discrimination complaints 249, 792, 890–1, 984, 1002 court proceedings where unresolved 1003 procedure 1002–3 spent convictions 249 Federal Discrimination Law 2016 1002 human rights and technology inquiry 1096 human rights inquiries 1005 police, complaints against 1143, 1148 prisoners complaints to 237 corresponding with 231 racial discrimination complaints 739 sexual harassment complaints 163 termination of complaints 1002–3 UNICCPR, monitoring compliance with 1093 website 163, 751, 894, 984, 1002, 1006 workplace discrimination inquiries 1006 Australian Information Commissioner see Office of the Australian Information Commissioner (OAIC) Australian law common law 3, 10, 11 constitutions 4–5 finding 10–12, 78–9 inconsistent federal and State laws 2–3, 5 judge-made law 3–4, 10, 11 online information 11 Parliament-made law 2–3, 10 precedent 3–4, 10 sources of 2–4 websites 11 Australian Law Reform Commission 10 Australian Law Reports 11 Australian Legal Information Institute

(AustLII) 11 Australian Legal Monthly Digest 11 Australian Press Council 1014 privacy standards 1099 Australian Privacy Commissioner see

Office of the Australian Information

Commissioner (OAIC) Australian Privacy Principles (APPs) 742,

1096–1105 access to information 1104 anonymity 1101 APP entity 1098 application 1098 breach 1099–100

notifying Information Commissioner

1100 collection of personal information 1101 complaints of breach 1113 correction of information 1104 cross-border disclosure 1103 direct marketing 1102–3 disclosure of personal information 1102 dispute resolution 1100 employee records exemption 1098 enforceable undertakings 1099 enforcement 1099–100 exemptions 1098–9 freedom of information and 1103, 1104,

1108 government-related identifiers 1103 guidelines 1097 hospitals and health services 871 insurance, application to 963 internet privacy 742 IPPs replaced by 1097 journalism exemption 1099 management of personal information

1101 non-business situations 1098 notifiable data breaches 1100, 1109 NPPs replaced by 1097 permitted general situation exception 1099 personal information 742, 1096, 1097 political exemption 1099 Privacy (Australian Government Agencies

– Governance) APP Code 1099 public interest determinations 1099 quality of information 1103 security of information 1104 small business exemption 1098 state of emergency/disaster exemption

1099 tax file numbers and 1109 use of personal information 1102 Australian Register of Trade Marks 773 Australian Registrars National Electronic

Conveyancing Council (ARNECC)

562 Australian Retail Credit Association 1108 Australian Securities and Investments

Commission (ASIC) business name search 745, 775 company search 723, 775 consumer credit regulation 345, 420 consumer law advice 713 contact details 345, 387, 431, 462, 627,

713, 776, 963 credit law, guidance on 420 credit provider regulatory guide 427 crowd funding guidelines 750 debt collection guidelines 338, 461 ePayments Code administered by 744 insurance disputes 959, 962–3 MoneySmart website 387, 388–9 Register 775 standing to apply to court 430 website 420, 431, 627, 713, 745, 776 Australian Taxation Office (ATO) 395 business infoline 405 contact details 407, 419, 562, 627, 914 data matching 1109 not-for-profit organisation enquiries line

620 publications 395 tax file numbers 1109 tax guides on website 395 website 338, 395, 399, 610, 618, 914 Australian Trade Mark Search 773, 775 Austudy 318–19 activity test 319 eligibility 318 Health Care Card 334–5 multiple entitlement exclusion 319 participation failure 319 rate 319 taxation 337 autopsies 875–6, 918 Bacchus Marsh Child and Family

Services 392 bail 195–213 Aboriginal applicant 201, 207

COVID-19 and 207

exceptional circumstance 207

refusal, procedure on 198 accused already on bail 195 appeal against orders 212 appeal, pending 20, 212–13 application for 199

child 198, 201

considerations 199–201

contested 201

hearing 197, 201

prohibition on publication of

information about 202

time for making 199

vulnerable applicant 198, 201 arrest of person on 175, 195, 210 Bail Act 1977 (Vic) 195

2017 amendments 195 bail justices 28, 196, 210–11 bond 196 Charter of Human Rights and

Responsibilities 209–10 children 41, 45

application by 201, 206

bail hearing 198

compelling reason, 208

exceptional circumstance 206

refusal, procedure on 198 concept of 195 conditions 196–7, 210

breach of 197, 209, 210

conduct condition 196, 210

duty to comply 210

infringement notice for breach 210

notice of 202

reasonableness 197

variation 212 considerations 199–201 contested application 201 co-offenders, where 200

parity of sentences 206 County Court 197–8 court, grant by 195, 197–8 COVID-19 and 196, 204, 205

exceptional circumstances 204, 205, 207 custody, applicant in 200 decision-makers 196 deferral of decision if accused intoxicated

196 delay as exceptional circumstance 204

COVID-19 and 196, 204 determination 201 driving offences 651 drug offences 140

exceptional circumstances 140, 204 duty of bailed person 210–11 evidence in hearings 201 exceptional circumstances 140, 203–7

Aboriginality 207

applicant’s age or health 206

child applicant 206–7

concept of 203

COVID-19 and 204, 205, 207

delay 204

drug rehabilitation/treatment 206

financial hardship 205

grant only by court where 196

hardship caused by detention 205

likely sentence 205

need to prepare defence 206

onus of proof 203

parity 206

schedule 1 offences 202

serious offences 202

strength of Crown case 204–5

surrounding circumstances 203–7

willingness to accept stringent

conditions 205 extension 212 failure to appear, offence 210 family violence considerations 201 forms of 196–7 further application after refusal 199 general rule 202 hardship caused by detention 205

COVID-19 and 205 hearings 201, 212 indemnifying surety 211 jury service disqualification 24 Magistrates Court 197, 212–13 matters to be considered 199–201 minor offences 198 murder 203 notice of conditions 202 opposition to 201 own undertaking 196 parity of sentences and 206 pending appeal 20, 212–13 police

grant by 198

limits on grant by 198

opposition by 201

refusal of bail by 198

remand power 196

presumption against 202

exceptional circumstances 202–7

‘show compelling reason’ test 202,

207–8

presumption in favour of 195, 199, 202

presumption of innocence and 195

procedures 199–201

protesters 1047–8

refusal 202–9

Aboriginal applicant 198

appeal against 212

child applicant 198

exceptional circumstances 202–7

further application after 199

general rule 202

grounds 202–9

insufficient time to obtain information

209

police, by 198

serious offences 202

‘show compelling reason’ test 202,

207–8

unacceptable risk 202, 208–9

uncertain if victim will die or recover

209

vulnerable adult 198

release of accused on 195

reverse onus 195

revocation of orders 212

schedule 1 offences 202

schedule 2 offences 202, 207–8

security 196, 211

serious offences 195

exceptional circumstances 202–7

presumption against bail 202

‘show cause’ test (former) 202

‘show compelling reason’ 196, 202, 207–8

concept of ‘compelling reasons’ 208

schedule 2 offences 202, 207–8

surrounding circumstances 208

suppression orders 202

Supreme Court 197–8

surety 196, 211

surrounding circumstances 203–7

compelling reasons and 208

timing of application for 199

treason 203

unacceptable risk 203, 208–9

unreasonable delay in taking before court

198

variation of orders 212

vulnerable applicant 198, 201

compelling reason, 208

refusal, procedure on 198

what is 195

who can grant 196

young offender 41, 45

bail justices 28, 196, 210–11

bait advertising 526, 701

Ballarat and Grampians Community

Legal Service 88

Ballarat Child and Family Services 392

bank accounts

bankruptcy 369–70

closing account 369, 370

freezing account 370

keeping some money 369

withdrawing money before 370 banking Code of Practice 420, 433, 435–6, 460–1 complaint bodies 716, 730 credit contracts see credit contracts Customer Owned Banking Code of

Practice 420, 461 ePayments Code 458–9, 744 Hayne Royal Commission 952–3, 955, 963 industry codes 460–1 mortgage lenders 547 unauthorised transactions 458–62 Banking Code of Practice 420, 435, 460–1 application 435 chargebacks 460 credit disputes 461 good industry practice 435, 460 guarantees, application to 433, 435–6 unauthorised transactions 460–1 bankruptcy 365–87 act of 380 administration of law 367 advantages 365–6 advice before filing for 348, 366 alternatives to 383–6 annulment 382 Australian Financial Security Authority

(AFSA) 365, 367, 387

bankruptcy procedure 379–82

debt agreement procedure 384–5

Official Receiver 367, 370, 379, 382, 384

Official Trustee 367

website 348, 365, 367, 379, 386, 387 automatic discharge 382 bank accounts 369–70

closing or freezing 369, 370

withdrawing money 370 bankruptcy notice 380

extension of time for compliance

380–1

failure to comply 381

instalment order prior to 356 Bankruptcy Regulations 365 businesses, not available to 367 Centrelink debts 376–7 children 367 companies, not available to 367 contacts 387 contesting creditor’s petition 381 contracts 677 contributions from bankrupt’s income

373–4

actual income threshold amount 373

failure to pay 374

supervised account regime 374

variation on hardship grounds 373 credit report 366, 453 creditor’s petition 365, 380–1

contesting 381 criminal offences 379 debt agreements 383–6 debtor’s petition 365, 379–80

declaration of intention to present 380

documents to be completed 379

filing documents 379 debts, effect on 374–8

Centrelink debts 376–7 compensation orders 377–8 court fines and penalties 374, 377 debts not wiped by bankruptcy 374 deceased estate 908 fraud 374, 377, 378 friend or relative as guarantor 375 friend or relative, to 375 guaranteed debts 375 HELP debts 374, 378 incurred after bankruptcy 374 joint debts 378 maintenance/child support 376 mortgages 369, 371, 375 non-provable debts 374, 375 provable debts 374 rent 378 restitution orders 377–8 secured debts 374–5 student loans 374 tax debts 376 telecommunications 378 unliquidated damages 374, 375–6 utilities 378 deceased bankruptcy 908 dependant/s of bankrupt definition 373 income threshold amounts and 373 disadvantages 366 discharge 382–3 automatic 382 bankrupt’s obligations after 382–3 objection to 382 divisible property 366, 368 market value 368 vesting in trustee 367 end of 382–3 examination in relation to 381–2 section 77 examination 381 section 81 examination 381–2 extension to 5 years 382 extension to 8 years 382 Federal Circuit and Family Court 367, 372 Federal Court jurisdiction 22, 367 filing for 348, 379 financial counselling 74, 366, 388–94 forced 365 foreign citizens 367 gambling debts 366 guaranteed debts 375 guarantor 375, 435 house and land 371–2 Defence Service Homes Mortgage 372 jointly owned 371, 372 mortgaged 369, 371, 375 protected money, bought with 372 sale of 371 household goods and furniture divisible property, whether 368, 371 security over 375 income of bankrupt 373 actual income threshold amount 373 annual statement 374 contributions to trustee from 373–4 supervised account regime 374 Inspector General in Bankruptcy 367 insurance cancellation of policy 366, 371 divisible property 368 life insurance policies 368

payment of claims 371

refusal of claims 371

refusal to insure 366, 371

involuntary 365, 380–1

joint debts 378

jointly owned property 368, 371, 372

jury service disqualification 24

legal capacity of bankrupts 677

minors 367

mortgages, effect on 369, 371, 375

National Personal Insolvency Index 366,

383

non-bankrupt spouse

contribution to purchase of property

372

jointly owned property 368, 371, 372

property in sole name of 372–3

property transferred to 372–3

selling property to 371

non-divisible property 368

non-provable debts 374, 375

offences 379

Official Receiver (AFSA) 367, 370, 379,

382, 384

Official Trustee in Bankruptcy (AFSA) 367

options for managing debt 366–7

overseas travel 378

Part IX debt agreements 383–5

Part X insolvency agreements 385–6

passport, surrendering 378

penalties for offences 379

personal insolvency agreements 385–6

power of attorney revoked 863

presumption of insolvency 373

prior prosecutions, record of 379

procedure 379–82

property of bankrupt 368–73

acquired during bankruptcy 368

antiques 369

awards 369

bank accounts 369–70

compensation and damages 368, 370

divisible property 368

government grants 368

house and land 371–2

household goods and furniture 368,

370, 375

income-producing 368

insurance policies 368, 371

jewellery 369

jointly owned 368, 371, 372

market value 368

mortgaged car 369

mortgaged property 368, 369, 371, 375

motor vehicles 368, 369, 370

non-divisible property 368

retirement savings account 368

superannuation 366, 368, 370, 414–15

trophies 369

vesting in trustee 367, 368

property of non-bankrupt spouse 372–3

jointly owned 368, 371, 372

protected money 372

house bought with 372

provable debts 374, 375

not wiped by bankruptcy 374

public examination 381–2

purpose of 366

record of 366 secured debts 374–5

creditor’s right to sell security property

374

trustee’s right to sell security property

375 sequestration order 380 statement of affairs 381 superannuation

contributions after bankruptcy 370

contributions before bankruptcy 370

divisible property, whether 368, 370

protected payments 366 supervised account regime 374 tax debts 376 tax refunds 376 trustee

AFSA as 367

challenging claim to equity in property

372

claim to equity in property 371

contributions to 373–4

Official Trustee in Bankruptcy 367

power to sell property 371

private 367

property vesting in 367, 368

right to sell security property 375 types of proceedings 365 unliquidated damages debts 374, 375–6 voluntary 365, 379–80 what is 365 who can be made bankrupt 367 workers compensation where employer

bankrupt 948 Banyule Community Health, Heidelberg

391 barristers see lawyers Barwon Community Legal Service 88, 895 Barwon Disability Resource Council 792 Basics Card 333 behaviour change programs drink-driving and drug-driving offenders

655 Bendigo Family and Financial Services

392 Shepparton 393 bereavement benefits 924 bereavement allowance, end of 314 portability 336 taxation 337 besetting 1049 bestiality 155 Better Place Australia 264, 389, 894 Broadmeadows 390 Cheltenham 894 Elder Abuse Prevention Service 894 Fitzroy 391 Geelong 393 Greensborough 391 Wyndham Vale 392 BetterHealth website 859 Bicycle Network (Victoria) 670 bicycles 660–71 accidents 670 aggression towards cyclists 670 bicycle carriers 667 bicycle lanes 664, 666 bicycle paths 667 bicycle storage areas 664 bicycle zones at intersections 664 careless riding 667 children as passengers 663 contacts 670–1 crossings 665 cycling organisations 670 cyclist, definition 662 dangerous riding 667 definition 660 dog, riding with 663 ‘dooring’ 669 drunk riding 667 electric bicycles 661 failure to stop after accident 667, 670 footpaths, riding on 665, 666 general road rules 669–70 giving way 669 groups, riding in 664–5 helmets 662–3 hook turns 664, 666 keeping left 663 minimum distances for vehicles passing

665 mobile phones 663 overtaking 665 passengers 663 penalties for offences 660 pets, riding with 663 power-assisted pedal cycle 661 proper way of riding 663 protected intersections 666 regulation of cyclists 660 reporting accidents 670 rider, references to driver include 662 riding, references to driving include 662 Road Rules 660–70 roadworthiness 662 safe distances 663, 665 separated footpaths 666 serious traffic offences 667 shared paths 666 signalling 664 specific road rules 662–7 stop signs 669 storage areas 664 traffic hazard, causing 665 traffic signals 669 trailers 663 trams, stopping near 669 turning 664 bigamy 258 bill of costs see lawyers’ costs Bills 2 bills of exchange 424 binding over 304 biometric information 1098 Births, Deaths and Marriages (BDM)

Registrar adoptions 287

consent of registered father 287 birth, registration of 286–8

ART, child conceived by 278, 282,

286–7

changing child’s name 310–11

donor-conceived child 278, 282

establishing parentage 284, 285

father unknown 286

joint responsibility 286

name 282, 286, 310

paternity, establishing 284–5

surname of child 282

surrogacy, born by 286–7

Births, Deaths and Marriages Victoria 292,

308–12

change of name 282, 308–12

child’s name 282, 310–11

changing 310–11

de facto relationship 282

contact details 292, 312, 924

death certificate 919

death, registration of 919, 923

refusal of access to register 923

review of decisions 923

undertaker’s certificate, sending to 923

Births, Deaths and Marriages Victoria

308–12

contact details 292, 312, 924

refusal of access to register 923

registrar see Births, Deaths and Marriages

(BDM) Registrar

website 282, 312

Blind Citizens Australia (BCA) 792

blind persons

Age Pension 315, 317, 318

Disability Support Pension 316, 317, 318

jury service 24

representative organisation (BCA) 792

blood donations 873–4

blood transfusions 873–4

body samples see forensic procedures

body worn cameras (BWCs) 1140–1

Brain Injury Matters (BIM) 792

breach of contract 685–7, 715

About

Complaints against Victoria Police

Government and the individual

Taking a problem to an ombudsman

Privacy and your rights

Freedom of information law

Complaints against Victoria Police

Legal words

Legal words

Acknowledgments

Back to

Government and the individual

What are you looking for?