The Law Handbook 2024

1206 Index judgment debt 354 judgment in default of defence 354 jurisdiction 348–9 mediation 353 no defence 354 notice of defence 349, 350–1 offer of compromise 351 overarching obligations certification 349 pre-hearing conference 353 proper basis certification 349 rehearing 355 service of complaint 349–50 VCAT, transfer of matter to 350 credit contracts see credit contracts credit reporting see credit reporting credit reporting agencies see credit reporting agencies creditor 344 debtor 344 deceased estate 905, 907–8, 913 deciding whether you owe creditor 346 defences 352–3 contract not complying with legislation 352 misrepresentation 352 not party to contract 352 statute barred debt 344, 346–7, 352 under 18 352 unfair contract 352–3 enforcement of court orders 355–63 attachment of debt 362–3 attachment of earnings 361–2 court action 355 examination of debtor 363 instalment order 356–8 warrant of seizure and sale 360–1 warrant to seize property 358–60 examination of debtor 363 fair debt collection laws 702 financial counselling 348, 364, 387, 462 services 388–94 hardship variation application 347, 440–2 home loan default 351–2, 546 insolvent estate 908 instalment agreement 357 instalment order 356–8 application for 356 bankruptcy notice and 356 cancellation or variation 357 enforcement 358 grant of 357 imprisonment for non-compliance 358 interest rate 356 objection to grant or refusal 357 social security recipient 356 summons to attend court 358 when to apply for 356 instalments, offer to pay by 347 Instruments Act complaints 351 interest 354 intestate estate 913 judgment debt 354 enforcement 355–63 jurisdiction of courts 348 legal assistance 364 letter of demand 345 costs or fees 345–6 misleading or deceptive conduct 345–6 what to do on receiving 346 limitation of actions 346–7 lump sum, offer of 347 Magistrates’ Court jurisdiction 348, 349 mediation 353 misleading or deceptive conduct 345 MoneySmart website 387, 388–9 mortgage default 351–2 motor vehicle accident, resulting from 968 National Credit Code , covered by 345 National Debt Helpline 347, 348, 364, 387, 388, 452, 462, 729 notice 345 notice of defence 349, 350–1 offer of compromise 351 offer of lump sum 347 offer to creditor to repay 347 options for debtor 347–8, 366–7 provable in bankruptcy see bankruptcy rehearing 355 rights of debtor 347–8 section 88 notice 345 secured debts 374–5 seizure of property 368–61 service of complaint 349–50 Small Business Debt Helpline 388 social security debt 338–9 bankruptcy, effect 376–7 recovery 338 waiver 338–9 write off 338 statute barred debt 344, 346–7, 352 statutory notice 345 Supreme Court jurisdiction 348 unconscionable conduct 346–7 variation of repayment obligations 347 VCAT, transfer of matter to 350 VLA resources and information 364 waiver, request for 348 warrant of seizure and sale 360–1 warrant to seize property 368–60 without prejudice offer to repay 347 writing off 348 deceased estate see estates defamation 1008–14 absolute privilege defence 1011 aggravated damages 1013 ambiguous statements 1009 common law 1008 community activism and 1045 contacts 1014 corporations 1009 court order preventing publication 1013 damages 1013 defamatory words 1008 defences 1008, 1010–12 exemplary damages 1013 fair comment defence 1012 further information 1013–14 government bodies 1009 groups of people 1009 honest opinion defence 1012 ICH/ISP liability 738–9, 1010 identification of plaintiff 1008 improper purpose 1011 imputation 1009 injunction 1013 innocent/subordinate distributor 1009 internet 737–9, 1010 ICH/ISP liability 738–9, 1010 search engine liability 1010 justification defence 1010–11 legal advice 1013 legislation 1008 liability for 1010 malice 1011, 1012 natural and ordinary meaning 1009 not-for-profit corporations 1009, 1045 online 737–9 ordinary reasonable person standard 1008 owners corporations and 609 privacy protection 1094 published material 1008 qualified privilege defence 1011–12 remedies 1013 serious harm to reputation 1008 special meaning 1009 threat of legal proceedings 1013 true innuendo 1009 truth defence 1010–11 uniform legislation 1008 unintentional meanings 738 what is 737, 1008 who can sue for 1009 Defence Force Ombudsman 1082–3, 1085 defence forces first home owner grant 548 repatriation allowance 924 delay bail, exceptional circumstance 204 building 569 contract providing for 569 liquidated damages 569 insurance claims 960 motor vehicle delivery 642–3 delegated legislation 2, 10 Department of Climate Change, Energy, the Environment and Water (Cth) 1044 Department of Education, Skills and Employment (Cth) 1074 Department of Energy, Environment and Climate Action (DEECA) contact details 1044 contaminated land register 1042 Planning Practice Notes 1042 public safety zones, declaring 1051–2 Department of Families, Fairness and Housing (DFFH) adoptions 49 Child Protection 46–50, 307 applications 46–9 investigation and reports 46 permanent care application 49 powers and responsibilities 49–50 protective intervention report 46 reports 46, 47 contact details 50, 307, 817 family violence housing provision 294 keeping records of contact with 305 protection order application 296 Forensic Disability Statewide Access Service 815