Victorian Consolidated Legislation

Property Law Act 1958 - SECT 28B

Certain contracts with minors to be valid

28B. Certain contracts with minors to be valid







(1) Notwithstanding anything to the contrary in section 49 of the
Supreme Court Act 1986 or in any rule of common law or equity the following
contracts, whether entered into before or after the commencement of the
Property Law (Loans to Minors) Act 1965 shall be as valid and binding on a
minor for all purposes as if the minor were of full age at the time he entered
into the contract, namely-

   (a)  any contract at any time entered into by a minor member-

   (i)  of a building society registered under the Building Societies Act 1986
        or any corresponding previous enactment;

   (ii) of a co-operative registered under the Co-operatives Act 1996 or any
        corresponding previous enactment;



   (iii) of a co-operative housing society registered under the
        Co-operative Housing Societies Act 1958 or any corresponding previous
        enactment; and

   (iv) of any industrial and provident society registered under the
        Industrial and Provident Societies Act 1958 or any corresponding
        previous enactment- for the repayment of moneys lent or advanced or to
        be lent or advanced to the minor by any such society;

   (aa) any contract at any time entered into by a minor-



   (i)  with a building society registered under the Building Societies Act
        1986 or any corresponding previous enactment; or

   (ii) with an industrial and provident society registered under the
        Industrial and Provident Societies Act 1958 or any corresponding
        previous enactment- for the repayment of moneys lent or advanced or to
        be lent or advanced to the minor by any such society;

* * * * *



(2) A minor who has entered into any contract referred to in the last
preceding subsection, whether before or after the commencement of the Property
Law (Loans to Minors) Act 1965, shall not at any time be entitled on any
ground relating to his minority or former minority to avoid any of his
obligations under the contract or under any instrument executed by the minor
whereby the repayment of any moneys lent or advanced is secured or to
repudiate any contract transfer conveyance or assignment relating to any
property charged by any such instrument.

(3) Any instrument executed or purporting to have been executed by a minor by
way of security for the repayment of any moneys lent or advanced or to be lent
or advanced to the minor in pursuance of a contract of a kind referred to in
subsection (1) of this section shall be as valid and effectual for all
purposes as if the minor were of full age and capacity at the time he executed
the instrument.

(4) For the purposes of this section-

   (a)  any reference in this section to a contract entered into by a minor
        shall be read and construed as including reference to a contract
        entered into by a minor jointly with some other person or persons
        (whether of full age or not);

   (b)  any reference in this section to moneys lent or advanced or to be lent
        or advanced to a minor shall be read and construed as including
        reference to moneys lent or advanced or to be lent or advanced to the
        order of a minor or to a minor jointly with some other person or
        persons (whether of full age or not); and

   (c)  any reference in this section to an instrument executed by a minor
        shall be read and construed as including reference to an instrument
        executed by a minor jointly with some other person or persons (whether
        of full age or not).