The Law Handbook 2024

1218 Index independent children’s lawyer 266–7 injunctions see injunctions under Family Law Act intervention orders see family violence jurisdiction 22, 267 locations 29 negotiation 81 privacy cases 1099 property proceedings 262–3 self-representation 86 taxation appeals 403 website 21, 22, 86, 276, 312, 415 who can use 256 Federal Court of Australia 13, 22 appeal to full court 22 appeals from AAT 23 bankruptcy jurisdiction 367 consumer disputes 716 contact details 29 credit disputes 462 discrimination applications 1003 employment disputes 1066 FOI appeals 1131 jurisdiction 22 privacy cases 1099 taxation appeals 403 website 11, 22, 29, 403 Federal Legislation Register 11 Federal Magistrates Court see now Federal Circuit Court of Australia federal register of legislation 79 Federation of Community Legal Centres 61, 70, 79, 86, 895 female genital mutilation 155 fences 582–6 adverse possession claim 585 boundary disputes 584 boundary survey notice 584 building or repairing 583–4 cost of building 584 court orders 585 disputes 584–5 court proceedings 585 Dispute Settlement Centre of Victoria 585 mediation 585 enforcement of agreement 585 entry to neighbours land to fix 586 Fences Act 582–6 fencing notice 583, 584 inability to find neighbour 584 Magistrates’ Court proceedings 585 jurisdiction 17, 585 orders 585 pre-hearing conference 585 maintenance and repair 583–4 owners corporation liability 599 paying for 584 renters 584 sufficient dividing fence 582 urgent repairs 584 Fidelity Fund 61 finance brokers 450–2 Australian credit licence 451 best interests duty 452 caveats 452 compensation order 452 credit assistance 425–6, 451 credit guide 451 credit proposal 451 fees, disclosure of 451 former Victorian law 452 insurance brokers 956 quote 451 responsible lending obligations 452 suitability assessment 452 unfair or dishonest conduct 451 finance companies 547 financial counselling 74, 348, 366, 387, 462, 729 services 387–94 financial counsellors 348, 388 financial hardship bail, exceptional circumstance 205 credit contracts 439–42 application for variation 440–2, 445 consumer lease 445 options 439–40 presumption 427 unsuitability assessment 427 information 455 credit report including 454, 455 insurance and 961 mortgages and 439–42 motor vehicle accident assistance 968 renters 478 application for reduction or termination of lease 498 Financial Ombudsman Service (FOS) AFCA replacing 419, 716, 730 Financial Rights Legal Centre 387 financial services AFCA see Australian Financial Complaints Authority (AFCA) Banking Code of Practice 420, 433, 435–6, 460–1 codes of practice 460–1 consumer complaints 716, 730 credit contracts see credit contracts dispute resolution 716, 730 due care and skill warranty 709 ePayments Code 458–9, 744 finance brokers 450–2 fitness for purpose warranty 709 insurance see insurance linked credit contracts 448, 643, 712–13 statutory warranties 709 unauthorised transactions 458–62 financial services guide (FSG) 956 Find Your Lawyer Legal Referral Service 53, 71, 94, 895 finding the law 10–12, 78–9 fine conversion order (FCO) 127 fine default unpaid community work order (FDUCWO) 34, 123, 127 FineFixer 130 fines 33–4, 96–130 see also infringements system arrest for default 34 bankruptcy, effect 376–7 non-provable debt 374 cancellation of 105 Children’s Court 43 Commonwealth offences 37 community work, payment by 34, 113 compensation order, priority 33 court fines 33, 96, 125–8 dealing with 125–8 doing nothing about 128 Fines Victoria responsible for 125 infringement notices distinguished 96 COVID-19 related 117–18 default 34 disputes about 15 drug offences 143, 144 enforcement see infringements system factors in determining 33 Fines Reform Act 2014 96 health nuisance 580 imprisonment for default 34, 123 imprisonment in lieu (IIL) order 123 rehearing application 123 infringement notice see infringement notice infringement system see infringement system Magistrates’ Court jurisdiction 15, 17, 34 migration status and 130 official warning instead of 96, 111 ‘on the spot’ fine see infringement notice overview of system 99 payment plan 98 penalty units xi, 34, 97, 580 protesters 1048 time to pay 34, 97 without conviction 32, 33, 240 work and development permit (WDP) 98, 113–14 accredited agency or practitioner 113 application for 98, 101, 113–14 young offenders 43 Fines Assist Clinic 130 Fines Victoria 15, 107, 670 advising of commencement of proceedings 112 application for extension from 100, 101, 108, 125 contact details 130, 659, 670 driving infringement notices issued by 649 enforcement review 105, 110–12 application for 98, 111 extension of time, application for 100, 101 finding out amount of fine from 98 payment arrangement 108–9 payment plan, negotiation with 108 providing address to 103 registration with 97, 101, 105 nomination of another driver before 108 requesting information from 98 role of 107 fingerprints 185–6 arrest, taking on 172 children 185–6 Children’s Court order 185 Commonwealth offence 186 definition 185 destruction of 186 force, use of 172, 185 people aged 15 and over 185 police power to take 172, 185 young people aged 10 to 14 186 young people aged 15 to 17 185