The Law Handbook 2024

Index 1203 Council of Single Mothers and their Children 283 Council on the Ageing Care Finders 893 County Court 13, 19–20 appeals 19–20 Children’s Court, from 45 assets for care disputes 886 bail 197–8 changing child’s name 311 children, serious offences by 39 civil jurisdiction 19 complaints about 19 contact details 29, 218, 312 costs 58 Court Integrated Services Program (CISP) 805 credit disputes 462 criminal jurisdiction 19, 215, 216 Criminal Procedure Act 2009 214 debt claims 348 employee 1067 employment disputes 1067 indictable offences 215 Koori Court 20, 29, 809 Magistrates’ Court compared 16, 19, 218 negligence claims 926 occupational health and safety cases 1078 recovery of wages 1067 sentences 19 testator’s family maintenance claims 909 website 29, 312 workers’ compensation disputes 939 court attending 76, 77–8 COVID-19 and 13, 78 Australian court system 2, 13–22 bail, grant of 197–8 choice of criminal proceedings 214–18 summary trial or judge and jury 218 clerks and registrars, advice from 79 complaint about judge or magistrate to 23 contract ousting jurisdiction of 681 costs see costs COVID-19 and court hearings 13, 78 legal representation see legal representation litigation guardian 791 next friend 791 not attending 77–8 representing yourself see self- representation court assessment order 813–14 court decisions appeals 3 finding 11, 78–9 law based on 3–4, 10 law reports 11 precedent, doctrine of 3–4 Court Integrated Services Program (CISP) 82, 132, 805 ARC List referrals 807, 808 bail eligibility and 141 contact details 152, 805 County Court 805 eligibility 132 individual support plan (ISP) 808 Magistrates Court 16, 132, 805 non-legal support 82 referral and treatment 132–3 Remand Outreach Pilot (CROP) 132 Court Network 166 court secure treatment order (CSTO) 813, 814, 830, 843 court system see Australian court system COVID-19 pandemic xi anti-mask laws and 1047 attending court 13, 78 audio-visual links in court 13 bail considerations 196, 204, 205 Aboriginal offender 207 delay 196, 204 exceptional circumstances 204, 205, 207 hardship 205 court hearings and 13, 78 COVID-19 Disaster Payments and parental leave 332 COVIDSafe app, privacy 1097 complaints about 1113 directions 117 employment and 1073 face-covering laws and 1047 fines relating to 117–18 children 117–18 concession scheme 117 inability to pay 117 frustration of contract 686 insurance claims and 961 jury service and 23 National COVIDSafe Data Store, privacy 1097 online court 13, 78 Pandemic Order Register 117 Partner Pay and 276 prisons, emergency management days 235 privacy issues 1097 VCAT case processing delays 573 credit 420–31 see also debt activities 425 ASIC as regulator 345, 420 Australian credit licence 425–6, 451 bankruptcy, effect 366 buy-now-pay-later arrangements 425 codes of conduct 420, 460–1 consumer credit disputes 716 consumer protection 420 contacts 462 contract see credit contracts dispute resolution 420, 461–2 advice 462 Australian Financial Complaints Authority 420, 462 complaint to creditor 461 court 462 external 420, 462 employee loans 424 ePayments Code 458–9 finance brokers 450–2 financial counselling 462, 729 guarantee see guarantee guidance on credit law 420 intermediaries 426 legislation 420 linked credit provider 448, 643, 712–13 margin loans 424 mortgage see mortgage National Credit Code 420–50 national credit reform 420 pawnbrokers 450 reporting see credit reporting reporting agency see credit reporting agencies unauthorised transactions 458–62 Uniform Credit Code (Old Code) 420, 421, 429 Credit and Investments Ombudsman (CIO) AFCA replacing 419, 716 credit cards application of National Credit Code 423 chargebacks 460, 748 contract see also credit contracts continuing 446 key fact sheet 429 excessive surcharging 700 linked credit provider 713 online purchases 748 unauthorised transactions 458–62 unsolicited 701 credit checks 345, 1105 credit contracts 421–30 account charge only 423 advice 462 amount of credit 429 annual percentage rate change to 436 disclosure 429 application of National Credit Code 421–5 charge for providing credit 422–3 contracts entered before 1 July 2010 421 course of business 423 excluded contracts 423–5 natural person 421 purpose of credit 421–2 sale by instalments 423 strata corporation 421 assessment of suitability 426–8 Banking Code of Practice 420, 433, 435–6, 460–1 breach of disclosure requirements 430 break fee 430 business purposes declaration 422 calculation of interest charges 430 changes to 436–42 credit provider, by 436 hardship grounds 439–42 notice requirements 436 unjust or unconscionable 436–9 charges see fees and charges below Code purpose 421–2 commission disclosure 429 Consumer Action Law Centre 431, 452 consumer leases 444–5 consumer protection 420 content 429–30 continuing 423, 446 course of business 423 credit card contract 423, 429 credit guide 428 default notice 442–3 default rate disclosure 429 direct debit default notice 443 disclosure requirements 428–9