The Law Handbook 2024

1216 Index costs 914 wills see wills event of default clauses 697 eviction see notice to vacate; tenancy evidence affidavit 27–8 bail hearings 201 children 41 ground rules hearings 215 sexual offence victims 165–6 Children’s Court 41 competence of witnesses 786 conclusive evidence clauses 697 drug offences, prima facie evidence 140 conclusive proof 140 defence to 140 possession of traffickable quantity 134, 135 trafficking 134, 135 fingerprints 185–6 forensic samples see forensic procedures identification material 185–93 identification parade (line up) 191–3 intellectually disabled victim 786 ground rules hearings 215 legal documents 27–8 police misconduct 1139–41, 1144 prepared statements 182 record of police interview 181, 182 sexual offence cases 165, 786 disability, complainant with 786 intellectual disability 786 unsigned statements 182 VCAT hearings 725 victim impact statement 36–7 VOCAT application 977 young offenders 41 examination of debtor 363 action by debtor 363 arrest for failure to attend 363 conduct money 363 summons for 363 executor see estates; wills Experian Australia Credit Services 345, 453 contact details 345, 457, 1125 obtaining credit report from 456 online request form 456 extortion 15 extradition 175 F Fair Entitlements Guarantee scheme 1067 Fair Trading Act 1999 (Vic), history of 720 fair trading disputes see consumer disputes Fair Work Commission (FWC) 1065, 1072, 1080 adverse action information 1071 appeals to full bench 1069 approval of enterprise agreements 1059 bullying, orders to stop 1079 contact details 1006, 1065, 1074, 1080 costs 1070 discrimination information 985 dispute resolution 1072 Fair Hearings Practice Note 1070 Miscellaneous Award 1058 Unfair Dismissal Benchbook 1070 unfair dismissal cases 1067–9 website 1065, 1070, 1074 Fair Work Ombudsman 985, 1083 awards, information on 1058 contact details 793, 1006, 1065, 1074 COVID-19 information 1073 discrimination information 985 translating and interpreting service 985 false imprisonment 1138, 1147 false representation see also misrepresentation Australian Consumer Law prohibiting 688 car sales 637, 641–2 drug obtained by 139, 143 finance brokers 451 Family and Financial Services, Bendigo 392 family consultant reports 267 Family Court of Australia from Sept 2021 see Federal Circuit and Family Court of Australia merger with Federal Circuit Court 21, 267, 276, 303 family dispute resolution (FDR) 257 agencies providing 264 divorce, requirement for 257 violence or abuse, exception 257 Family Dispute Resolution Service (FDRS) 65–7 certificate 66 chairpersons 66 children 66–7 conferences 66 confidentiality 67 contact details 264 cost 66 flexible approaches 66 joint conference 66 legal advice 66 locations 66 matters dealt with by 65 safety 67 shuttle conference 66 telephone/video conference 66 who can use 66 Family Home Guarantee 550 family law child support see child support children, proceedings relating to 265–8 artificially conceived 282 dispute resolution 257 divorce see divorce domestic relationships 256, 282 Family Law Act 1975 256, 282 parentage under 282 relationships covered by 256, 282 Federal Circuit and Family Court 22, 256–64, 282 Fitzroy Legal Service 90 injunctions see injunctions under Family Law Act intervening parties 261–2 legal aid 63, 64 Magistrates’ Court jurisdiction 17 parental responsibility 265–8 property proceedings 262–3, 282 self-representation 86 VLA duty lawyers 64, 94 Family Mediation Centres see FMC Mediation and Counselling Family Online Safety Institute (FOSI) 751 Family Tax Benefit (FTB) 320–30 child support and 271, 273, 274 eligibility 329–30 Part A 271, 273, 274, 329, 330 Part B 329, 330 rate 330 taxation 338 family violence 265–6, 293–307 1800Respect 304, 305, 894 Aboriginal Family Violence Prevention and Legal Service (Djirra) 89, 166, 306 affected family member 39, 294 applying for intervention order 295 arrest warrant 296 arrest without warrant 174, 297 breach of injunction 302 breach of intervention order 297 assault charges 294 bail, considerations 201 best interests of children and 303 binding over 304 breach of intervention order 297 breach of safety notice 296 changes to law 298–300 child abuse where exposed to 293 Child Information Sharing Scheme 299 child protection order, application for 295 child support and 275 children, against 265–8, 293, 296 application for intervention order 295–6 Children’s Court jurisdiction 39, 293 civil law remedies 293–4 compensation 304 contacts 305–7 counselling 300, 304 counselling services 305–7 court intervention 265 courts 300 criminal law remedies 294 crisis accommodation 304–5 cross-examination ban 303–4 damages, civil claim for 304 de facto relationships 282, 294, 301 definition 106, 293 diary of incidents 305 disability and 785 Djirra 89, 166, 306 domestic partner, definition 294 Domestic Violence Resource Centre Victoria 306 elder abuse 882, 894 emergency accommodation 304–5 Emma House Domestic Violence Services 89 employees, family violence leave 1056 eviction from home 301 ex parte injunction 261, 302 ex parte intervention order 296 family dispute resolution not compulsory 257