The Law Handbook 2024

Index 1189 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 88 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