The Law Handbook 2024

Index 1235 registration of discharge 547 registration of transfer of title 547 repossession of goods 433–4 reverse mortgage 442, 546 second mortgage 546 secured home loan exit fees 430 settlement 547 solicitors’ trust funds 547 standard home loan 428–9 third party mortgage 432 tools of trade, over 433 types 432 unconscionable changes and charges 439 unjust contracts 432, 436–9 variable rate mortgage 556 variation of terms 436–9 warrant of possession 352 writ of possession 351 motor car traders 628, 631 CAV administration of regulations 727 Claims Committee 635 criminal conviction and employment as 248 definition 628 finance offered by 629 Guarantee Fund 629, 631, 635, 636, 639, 644, 731 licensed (LMCT) 628 licensing 628, 729 linked credit provider 643 purchasing car 632 selling car 631 motor vehicle accident see motor vehicle accident bankruptcy divisible/non-divisible property 368, 369 mortgaged car 369 buying see motor vehicle – buying detention, immobilisation and sale of 102, 115–16 disability parking permit 781 driving offences see driving offences injuries see transport accident injuries insurance see motor vehicle insurance licence see driver’s licence noise 592 number plates, removal of 116 registered operator 628 registration certificate 628 stamp duty on application for 407 suspension 102, 111, 114, 116, 649, 650 transfer of 629, 631, 632 sales see motor vehicle – buying security interest 629 seizure of 656, 658 sentencing orders in relation to 36 theft 650 motor vehicle accident compensation see transport accident injuries damage, paying for 965–70 insurance claim 965–8 letter of demand 968 liability 969 paying yourself 965, 967 uninsured vehicle 967 damages claim 968–70 denial of liability 968 evidence 968 inability to pay 968 letter of demand 968 minimising loss 969 release 969 settling out of court 968 summons 968, 969 expenses other than vehicle repairs 970 fault 966, 968, 969 financial hardship assistance 968 injuries see transport accident injuries insurance claim 964–8 types of insurance see motor vehicle insurance legal costs 966 liability 969 Magistrates’ Court jurisdiction 17 mitigating damages 969 negligence 969 obligations at scene 970 other driver uninsured 967 repair costs 966–7 reporting 970 sharing blame 966 third party property insurance 964, 967 Transport Accident Commission 934–7, 970 transport accident, definition 934 uninsured vehicle 967 what to do after 970 write-off 955, 969 motor vehicle – buying 628–46 acceptable quality 641 AFCA, application to 644 assistance with contract 644 Australian Consumer law 641 cancellation of contract 635–44 breach of implied warranty 640–1 cooling-off period, within 637, 645 damages/compensation 636, 638, 643 delay in delivery 642–3 deposit, retrieving 636 failure of condition precedent 640, 645 improperly 644 misrepresentation 633, 637, 641–2 National Credit Code 643–4 obligations after 637, 638 penalty 637 repayment of money 637 return of car 637 sample letter 644, 645 trade-in vehicle, retrieving 636 waiver 642 withdrawal of offer 642 certificate of registered security interest 629–30 certificate of registration 628, 629 clear title 630 collateral credit agreement rescission, effect on 638, 643 complaints 633, 644 conditions precedent 640 cancellation for failure of 640, 645 subject to finance 640 cooling-off period 636–7 cancelling contract within 637, 645 form setting out rights 631 off-trade-premises sale 636 sale of trade-in vehicle during 637 damages 636, 638, 643 defect notice 635–6 delay in delivery 642–3 deposit, retrieving 636 dispute resolution by CAV 727, 727 estoppel 642 failure of condition precedent cancellation of contract 640 sample letter 644, 645 false representation of odometer reading 637, 638 finance contract 643–4 default under 638 effect of rescission on 638, 643 linked credit provider 643 termination of contract 643 unenforceable 643 finance offered by car trader 629 getting out of deal 635–44 hidden costs 629 implied conditions and warranties of quality 640–1 breach 641 inspection of car 629 joint purchasers 632 legislation 628 licensing of motor traders 628, 729 linked credit provider 643 misleading or deceptive conduct 642 misrepresentation 633, 641–2 motor car trader 628, 631 finance offered by 629 licensed (LMCT) 628 licensing 628, 729 purchaser 632 seller 631 Motor Car Traders’ Claims Committee 633 Motor Car Traders’ Guarantee Fund 629, 631, 635, 636, 639, 644 National Credit Code 638, 640, 643–4 new cars delay in delivery 642–3 deposit, retrieving 636 prescribed particulars 639 warranties 633 obligations of seller and purchaser 631–3 off-trade-premises sales agreement 636 penalty units 628 Personal Property Security Register (PPSR) 628, 630 exceptions 630 prescribed accessories 634 prescribed particulars 639 procedures relating to 631 purchaser 628 joint purchasers 632 motor car trader 632 obligations 631–3 quality 640–1 acceptable 641 implied warranties of 640–1 RACV inspection 629 registered operator 628 registration certificate 628, 629 rescission of contract 636–7 court or VCAT order 637 effect on finance contract 638 letter notifying car trader 637, 642