New South Wales

➤ Minors (Property and Contracts) Act 1970 (NSW)

Victoria

Australian Consumer Law and Fair Trading Act 2012 (Vic) ➤
Replaced Fair Trading Act 1999
Implied terms, misleading conduct, unconscionable conduct, unfair terms

Electronic Transactions Act 2000 (Vic) ➤

Goods Act 1958 (Vic) ➤
Implied terms, capacity

Instruments Act 1958 (Vic) ➤
Formalities

s 126 Certain agreements to be in writing
(1) An action must not be brought to charge a person upon a special promise to answer for the debt, default or miscarriage of another person or upon a contract for the sale or other disposition of an interest in land unless the agreement on which the action is brought, or a memorandum or note of the agreement, is in writing signed by the person to be charged or by a person lawfully authorised in writing by that person to sign such an agreement, memorandum or note.

(2) It is declared that the requirements of subsection (1) may be met in accordance with the Electronic Transactions (Victoria) Act 2000.

Supreme Court Act 1986 (Vic) ➤
Capacity of minors

49 Certain contracts by minors to be void
The following contracts entered into by a minor are void—

(a) contracts for the repayment of money lent or to be lent;

(b) contracts for payment for goods supplied or to be supplied, other than necessaries;

(c) accounts stated.

50 No proceeding to be brought on ratification of minor's contract

(1) No proceeding can be brought to charge a person—

(a) on a promise made after full age to pay a debt contracted during minority; or

(b) on a ratification made after full age of a promise or contract made during minority.

(2) This section applies whether or not there was any new consideration for the promise or ratification.

51 Avoiding contract for payment of loan advanced during minority

(1) If a minor who has contracted a loan (a contract for the repayment of which is void under this Division) agrees after full age to repay all or part of that loan, that agreement and any instrument relating to it is, subject to subsections (2) and (3), void against everyone.

(2) A person who—

(a) in good faith; and

(b) for value; and

(c) without notice—

is the holder or assignee of an instrument referred to in subsection (1) may recover from the minor the amount secured by the instrument.

(3) If a person referred to in subsection (2) recovers from the minor the amount secured by the instrument, the minor may recover that amount from the person to whom the minor gave the instrument.

(4) For the purposes of this section any interest, commission or other payment in respect of a loan is to be taken to be a part of the loan.