NSW Do Minors have Equivalent Rights to Adults in NSW?

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Toqual

Well-Known Member
10 July 2014
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Do minors have equivalent rights to adults in the Australian Justice System? (NSW Specific)

E.g. are minors allowed to take a business to the Civil Court?

Extra detail would be appreciated.
 

Tim W

Lawyer
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28 April 2014
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With a bit more detail, you may be able to persuade me that this is not a homework question?
 

Toqual

Well-Known Member
10 July 2014
130
9
414
With a bit more detail, you may be able to persuade me that this is not a homework question?

Haha that wasn't a homework question. I enjoy law and feel that teenagers are generally underestimated; this resulted in my query.
 

Toqual

Well-Known Member
10 July 2014
130
9
414
Do children have equivalent rights to adults in the NSW Justice System?

E.g. could a minor take a business to court?

More detail would be appreciated on children's rights in regards to taking matters to court.
 

Tim W

Lawyer
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28 April 2014
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More detail would be appreciated on children's rights in regards to taking matters to court.
It would help us give you a useful answer if you could tell us more about what the problem is.
 

Toqual

Well-Known Member
10 July 2014
130
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414
It would help us give you a useful answer if you could tell us more about what the problem is.
Well I highly enjoy law, when a business or person for example breaches a law and I inform them of it, they tend to refer to my age e.g. 'what would you know'. This is where my question comes in because I haven't been able to found any legislation which contradicts my rights due to being a minor. An example is from yesterday, I door-to-door salesman claimed he would not leave my premises until I purchased a product, I then reminded him of the law and how he was breaching it. He then said I was making it up, I then had to threaten to call the police which caused him to flee.
 

Toqual

Well-Known Member
10 July 2014
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Obviously I do not intend on taking that matter to court, It just resulted in my thought of children's position in the justice system.
 

winston wolf

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
I could be wrong but I believe they do have the same rights.
BUT cant take direct action to enforce those rights.
ie they need a parent, guardian or advocate to take action on there behalf.

Of course this question is very broad, there are many exclusions (ie voting etc)
 

John R

Well-Known Member
14 April 2014
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Sydney
Hi @Toqual
It's a question of having legal capacity to enter into a contract.

In NSW, the legislation that covers the legal capacity of minors (that is, people under 18 years old) to enter into a contract is the Minors (Property and Contracts) Act 1970 (NSW).

As a general rule, contracts made by minors are voidable because there is no legal capacity. However, a contract made by a minor will be binding if:
  1. the contract was for the minor’s benefit when it was entered into (section 19); and
  2. the minor knew they were making a legally binding agreement (section 18).
The LawStuff website is also a good resource for children and young people law.

Hope this helps.
 

Toqual

Well-Known Member
10 July 2014
130
9
414