Further Review - Victorian Law Reform Commission

Chapter 8Further Review8.66 The fact that other Australian jurisdictionshave not introduced similar reforms does notnecessarily mean that they should. Mr Hopeand Dr Vout pointed out in their submissionthat, despite the occasional harsh outcome,privity gives a degree of economic and legalcertainty and that ‘restriction (or, at theextreme end, removal) of privity of contractwould almost undoubtedly result in increasedlitigation’. 638.67 We remain of the view that this issue requiresseparate review.ContRACts witH minoRS8.68 When consulting with consumer affairsexperts about section 28B, concerningcontracts with minors, our attentionwas drawn to the fact that the generalprovisions in the Supreme Court Act 1986that determine the validity of contracts withminors are substantially unchanged sincethe 19th century.8.69 The law in Victoria, which generally makesminors’ contracts void, has not kept pacewith developments in other jurisdictions inAustralia. Those that had similar provisionshave since replaced them with legislationwhich takes greater account of the maturity ofthe minor.8.70 The Victorian law was reviewed in 1970 bythe Chief Justice’s Law Reform Committee 64but the recommendations were notimplemented.8.71 There may be scope for reform in this area.63 Mr James Hope and Dr Paul Vout,Submission 6, 4.64 Chief Justice’s Law Reform CommitteeReport Infancy in Relation to Contractsand Property, Report No 3 (1970).122Victorian Law Reform Commission - Review of the Property Law Act 1958: Final Report