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NSW Do Minors have Equivalent Rights to Adults in NSW?

Discussion in 'Other/General Law Forum' started by Toqual, 10 July 2014.

  1. Toqual

    Toqual Well-Known Member

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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.
     
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  2. Tim W

    Tim W Lawyer
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    With a bit more detail, you may be able to persuade me that this is not a homework question?
     
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  3. Toqual

    Toqual Well-Known Member

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

    Toqual Well-Known Member

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    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.
     
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  5. Tim W

    Tim W Lawyer
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    It would help us give you a useful answer if you could tell us more about what the problem is.
     
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  6. Toqual

    Toqual Well-Known Member

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    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.
     
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  7. Toqual

    Toqual Well-Known Member

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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.
     
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  8. winston wolf

    winston wolf Well-Known Member

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    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)
     
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  9. John R

    John R Well-Known Member

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    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.
     
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  10. Toqual

    Toqual Well-Known Member

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