/r/AusLegal
Nobody here is a lawyer.
Welcome to r/auslegal!
This is a subreddit for anyone to ask basic questions on legal queries. What does "basic" mean? It means that the subreddit can point you in the right direction - do you have a query regarding the workplace? The sub can give you links to online or other resources that might help, and a direction to the type of lawyer you might need. This subreddit cannot provide specific legal advice.
A non-exhaustive list of free legal services around Australia can be found here
The Law Society for your state/territory can help you to find the right lawyer for your issue.
/r/AusLegal
Hi guys, I’m about to graduate from my Law degree in Kenya and I’m keen on re qualifying in NSW. I was thinking of either doing a JD GDLP course at UTS (3 years) or an LLM/MBA at UTS (2 years) and then a Dip in Law at USYD (1 year).
What route would you guys advise for me to take? I’m particularly worried about the visa restrictions if I went the USYD route. Like would I be studying on a Temporary graduate visa or a student visa after the LLM/MBA program at UTS?
Short Question: Can an officer recognize someone and run there ID for no reason?
Context:
I was drinking inside a pub in a small town. My silhouette is recognizable from a distance. Watched the police drive by and then immediately circle around, stop outside, come inside, immediately confront me and tell me I have a barring notice issued.
Based on the officers admission he had no knowledge I had a barring notice and logically would have only ran my ID after he recognized me from a distance on his initial drive by the bar.
Question: Can the Australian police legally run you through there computer without any reasonable articulate suspicion?
It was my understanding that the police can only ID you if they are investigating a crime, your in a licensed establishment or are driving. Can they really recognize you and run your ID for no reason and then come into the bar and confront you in Australia (WA)?
More context: I'm from the USA, Caucasian, and currently living in a small town (4K) in Australia. I had an incident with a local officer 13 months ago over a traffic offense and was found guilty.
2 months ago I had another issue in the capital 3.75 hours away. There were 3 charges and a barring notice was issued for licensed premises. Subsequently, one charge was dismissed and 2 were pleaded guilty to and expunged.
Thanks in advance.
Made stupid decision to drive and while changing my car tire police came and I blew significantly over there limit (.223). I in turn got my license suspended for 1 year, did some research and so that I fall under the high bac range meaning the magistrate will suspend me for 20months. Court date yet to be set
My job is one that requires a full license meaning that will be impacted too. I just feel lost and all out of options. Is there anything anyone can recommend?
I take full responsibility for my actions. My intention for posting I to understand what support there is out there to get the help I need and reduce the impact this will have on my life - losing professional license etc
Would either of these be regarded as a breach of a FVRO:
Sending a message in a group chat that hasn’t been active for 8+ weeks, addressing another chat member, but in relation to protected person, who is also member of chat?
They have contacted family members of protected person asking them to FaceTime child, who is also a protected person. OP is able to contact protected person directly via email in regard to said child but has made no efforts to do so, instead attempting to bypass FVRO.
Hi all,
I’ve been dating a woman (24F) for 3 months, who has a 9-month-old baby from a previous relationship. I am concerned about the child’s welfare due to the mother’s use of marijuana. She breastfeeds and also uses formula, but she uses marijuana irregularly in a social context. I’m uncomfortable with this because THC can pass through breastmilk and potentially affect the child’s brain development and overall health.
I’ve raised my concerns with her, but she has refused to quit, stating it’s her body and her choice. Additionally, recreational marijuana use is illegal in Queensland under the Drugs Misuse Act 1986, which complicates matters further regarding her fitness to parent.
I’ve made it clear that I don’t wish to be a father figure, but I am genuinely concerned for the child’s well-being.
My question is: 1. Can I anonymously report this to the police or the Department of Families, Seniors, Disability Services, and Child Safety (DFSDSCS) based on my concerns about the child’s health and the mother’s substance use? 2. What are the potential legal implications of making such a report in Queensland? 3. Is it legally justified for me, as the non-parent, to report this situation, or should I approach it with caution?
I would greatly appreciate any advice on how to proceed.
Thank you!
Hey all,
Does anyone have advice regarding pushing for an urgent repair and temporary rent reduction or compensation?
I’ve had no heating or cooling for 6 weeks so far due to split system needing replacement and have just been getting spun in circles by PM/owner.
Context:
30 September:
I notified property manager (PM) that split system was not working and advised of user manual troubleshooting guide error code
1 October:
PM advised they have passed details on to the owner for advice to get it working, if no advice then they will arrange for technician to inspect
2 October:
3 October: Company A inspect, advise split system will need replacing. Advise they will report to property manager and I will need to wait for their response.
No comms until
15 October: PM email advising owner has requested another quote, company B will be in contact with me to arrange inspection. 16 October: Automated text from PM: maintenance request ‘split system replacement’ has been approved 17 October:
25 October:
Can anyone let me know what the next best move would be? Given that I've been informed multiple times now that the repair work would be done, I have held off on getting an interim heater and fan, but that’s meant struggling through temps from 1-34 degrees (BOM data). I obviously want to avoid spending and having excess appliances unnecessarily but now the weather is only getting hotter and this old top story unit swings from being a freezer box to an oven I’m getting desperate.
Does anyone have any perspective they can share when it comes to how to try and get this repair stuff sorted or whether I am eligible for any rent reduction/compensation based on the circumstances?
Thank you all!
I’m in QLD and have been under a treatment authority now for over a month.
What are my rights? This feels more of a power thing, I am overwhelmed and want my life back.
No one is listening to me, someone please help.
Hey all,
I am a tenant in Victoria looking to get some advice regarding urgent repairs.
To give some context, I had notified the property manager on the 30th of September that the split system heater/cooler seemed to be malfunctioning and that I had attempted to use the guide they had provided with no success.
A day later I received comms that the owner would look into arranging a technician or seeing if there was any other advice they could provide to get it working.
The next day following, I received an automated text advising that the maintenance request had been approved and that the technician from a company would be in touch to arrange access to the property.
The same day (2nd October), I received a call from that company which was supposed to be repairing the split system unit to discuss access arrangements and time availability.
At this point, I am thinking ok great, repairs will be happening relatively quickly which is good.
The 3rd of October, a repair person comes, completes their assessment and determines that the unit is broken and needs replacement. I was advised that they would report to the property manager and I would just have to wait.
From here, there is radio silence until the 15th where I receive an email advising that another quote is being sought and a different company will now contact me to arrange inspection.
Two additional days go by with no contact and I follow up with the property manager and inform them that there has been no contact attempts made and am confirming they have my details. To which I was notified, the property manager was waiting for the owner to approve the quote provided by this new company and that I would be updated soon (note that the new company hadn't attended the address so I am unsure how they quoted the owner). That afternoon, an automated text came through letting me know that the split system replacement had been approved and that someone from the first company (wut) would be in contact.
No contact, and now another 8-days (of which we are now on the 25th of October), I receive an email from the property manager trying to arrange access.
I replied asking for clarification on whether I should still be waiting for contact to be made by the first company, making it clear that no one had contacted me as of yet.
The response from the property manager was that I should wait for the repair company to contact me, additionally letting me know that the repair company are waiting for the deposit invoice to be reflected on their end before scheduling the installation.
So here we are on the 10th of November (41-days since I've made the report) with no contact from anyone following up.
Can anyone let me know what the next best move would be? Given that we've had weather on both ends of the spectrum that requires heating and cooling, I am unsure how to follow this up? Given that I've been informed multiple times now that the repair work would be done, I have held off on getting an interim heater and fan, but at this point it wouldn't be ideal to have to spend I feel. Does anyone have any perspective they can share when it comes to how to try and get this repair stuff sorted or whether I am eligible for any rent reduction/compensation based on the circumstances?
Thank you all!
My neighbour takes the time to say/yell offensive of things over my fence from their backyard and occasionally saying my first name to get my attention, I’m in Australia what course of action can I take. I have recorded sound bites the other day of them being offensive. Advice appreciated.
I recently had to pay back a scholarship due to taking intermission from my uni course. The sponsor claimed that I left the course, which I didn’t and I am still completing without the sponsorship. One of their clauses stated that repayments would not have to be made if the recipient faces circumstances outside of their control. It makes no mention of anything specific, just that. I applied for ‘discretion’ where I thought I would have to provide all medical documentation to support that i was going through a severe mental health crisis. They asked for none of this but did reduce the amount I had to pay back. My question is: should I have been given the opportunity to supply documentation to show that the circumstances at the time were not of my own doing? They also claimed that one of the reasons that I lost my scholarship was because I left the course, which I didn’t, I took intermission so I always going to complete it. I have one last repayment but would like some advice. The whole process has felt a bit off to me. The scholarship was with a government department.
Hi, first time posting a question here hoping I can have some opinions. Thank you in advance.
I have a investment property in Tasmania that is getting into some issues with the neighbor. The neighbor's tree collapsed, potentially after a storm) and damaged the boundary fence. According to the real-estate agent of mine, they have the insurance agreed to remove the tree and paying half of the fence repair. However, I also received a quote of $850, that the neighbor (landlord as well) is asking me to pay half of it ($425).
I understand that normally the fence is paid 50/50. However, under this circumstance, that the fence was damaged by their tree. Am I actually liable of paying that 50%? The money is really not the issue, but I would love to learn what's reasonable. Because I wouldn't even dare to ask for the 50% if it's my tree that caused the trouble to my neighbor.
Currently the neighbor is refusing to have the fence repaired which I believe is because I am refusing to pay the half. My agent said getting a solicitor may be expensive, and getting my insurance will be more costly than $425 as well. Please help. Thank you.
A mate messaged me this morning regarding them finding a cat tied to a post at 1am today, she has dogs that aren't friendly with cats, so couldn't look after the cat longer term. We have two at home, and plenty of space for a quarantined area, so we took the cat and booked a vet visit.
Vet visit went relatively well, got her tested and checked for as many things to make sure our current cats wouldn't be at immediate risk of being near this cat. Cat is not microchipped, and the vet let me know that there's rules we need to follow to try to reunite the cat before we can chip/register her. She said I need to make an attempt and give the owner 7 days to reach out to claim the cat (with proof) before we can register her ourselves.
Removing my emotions from this situation (if I'm honest I would not want the owner to find this cat and abandon it again, and would like to adopt her myself), I can't find any specific guidelines on what I need to do to prove I've made an honest effort to reunite them.
Which leads me to my questions:
Thank you in advance!
A friend is selling their spouses micro business for $1600.
A buyer engaged, they talked about sale terms (seller to receive money and then hand over business info). All seemed well and good, and the transaction was going ahead with PayID.
The buyer was told by my friend: when you go to Pay Someone in internet banking, pick PayID and then ID Type is Email, and were given the Spouses email ID to enter, and even said the Spouses name xxxx xxx will show so you can be sure it's the right account.
The buyer sent payment confirmation. But the payment was made to my friend using their phone number which was given to discuss some terms, not to the spouses email which they had asked to be paid.
My friend never said to the buyer to pay into friends phone number payID. My friend reiterated twice to send the payment to the Spouse via the email, and make sure it says the name of Spouse. The confirmation listed the mobile number of my friend, friends initial and surname. The buyer went absolutely rogue in just choosing to send payment to a completely different payID than was specified in the sale agreement.
My friend wants to send the money back and be done with this buyer but here is the dilemma:
My friends phone was hacked and bank accounts on that phone were not used on new phone, my friend doesn't use those accounts anymore because they can't log back in to change their details/deregister their old phone and don't have access to the email it was registered with (email was taken over by thief/hacker, friend had to make new email)... So my friend just doesn't ever give out their payID, and doesn't use that account.
This person has paid an account that is essentially inaccessible. Where does my friend stand legally? They haven't received any money, to the email PayID they supplied, and is unable to send the money back to the buyer because they can't access the account that's been paid. Can the banks help with a chargeback for the buyer? What can be done if the banks can't help? My friend isn't in a position to be giving money away but also doesn't want to end up in trouble. Any advice? My friend is freaking out, as they definitely never said to the buyer to send to the mobile number instead of spouses email, but here we are and not sure how to move forward.
Hi team,
I’ve changed my name by one letter and I have been issued with a new Aussie passport to reflect that name change.
I have flown to Aus with my new birth certificate and got a new passport in that name.
I am due to fly back to the UK soon but the airline won’t reflect my name change as I already completed first part of the trip.
I still have my other passport in my old name that had a valid date (but I assume it is void, given I was issued a new one?). Can anyone confirm that at the airport desk, if I show them my old passport with my name matching the plane ticket they will know it is void and hence won’t let me fly?
Thanks!
I had an argument with my flatmate the other day for asking them to do a household chore, which resulted in them towering over me screaming in my face. I obviously felt threatened and scared that they were either going to physically hurt me or damage my personal belongings. It’s not the first time they have yelled or screamed in my face for minor things such as helping with the household chores. I have never been aggressive towards them and I’ve definitely have never had friends/flatmates/family speak to me like that. They also have illegal drugs in the property which make me very uncomfortable. Is there anything I can do? I’ve asked if they could find another place to live as I own all the furniture and the bills are in my name but they said no. Should I contact the landlord? Or will it be too messy and would I have to move out too? I really don’t want to leave as I found the apartment and own everything in it.
One of my friends got a speeding ticket in my car going 12 over the limit. I'm agonising over nominating them for it because I don't want to cause issues in my friendship but I'm also wondering what would happen if they rejected the nomination? Hypothetically can you take someone to court for this? I've never been in this situation so I don't know how any of it works
Edit: I will nominate them, it's a lot of demerits/money for something I didn't do. But does anyone know the process for if they reject the nomination?
I'm helping an elderly friend (we’re in Victoria, Australia), who recently lost her partner. They were together for 4 years, and both had complex family situations. They’re both estranged from their families, and they each took their families to court over elder financial abuse, winning their cases. Before he passed, her partner warned me and her to “never trust his family” and described them as greedy. Now that he’s gone, they’ve been calling my friend and acting friendly, which is raising some red flags.
Recently, there was a situation where his family members visited unannounced and asked for something that my friend was already happy to give, but they didn’t ask her directly and were evasive about their intentions. She asked me to be there, as she doesn’t trust them. When I asked if there was anything else from the estate they wanted, one family member started to say, “nah but…” before being cut off by another, leaving us with the strong impression that they might try for more later.
Her partner didn’t have much—only $30,000 in a bank account. The house and all significant assets are in my friend’s name, kept that way deliberately, as her partner didn’t trust his family with anything he owned. His remaining money was mostly spent on legal fees, furniture, and things they enjoyed together.
His will leaves everything to her, and I’d think that would be straightforward. However, I’m concerned that if we don’t file for probate, his family might try to dispute things in a few years when my friend might not be able to handle the stress or defend herself.
So my questions are:
1.Is there any downside to not lodging for probate in this case, even though his assets are fairly limited? 2.Would obtaining probate now make it harder for his family to make any claims later?
Thanks in advance for any advice on whether applying for probate would be worth it, or if there’s anything else I should consider to protect my friend’s position.
So iv started studying Australian politics in uni and have found it really interesting. In my readings I have come across section 44 of the Australian constitution. So my question is, I have Italian grandparents which means I would be eligible for an Italian citizenship. Would this disqualify me from ever becoming a politician in Australia?
Hello,
My aunt passed away in the past 18 months and no o e in my immediate family has heard from anyone regarding a will. Or at least there telling me so.
Do I have any right to enquire about it formally ? And how does one begin this process ?
I am in QLD, my aunt was a resident in NSW.
Hi all, I understand this might not be a law-related question, but I'm getting desperate here. If there's a better subreddit to ask, let me know please.
TLDR: Needed to send back a $1,450 mobile phone to Amazon who made a refund on a closed credit card (only option according to them). The refund was supposedly processed, but Westpac wasn't able to locate it, sent me an official letter that supposedly the refund never reached them. Now I'm stuck, Amazon says they processed the refund and I should be able to get it from Westpac.
Detail breakdown:
• I needed to return a $1,450 mobile phone to Amazon. Talked to couple different people pleading to have the return processed somewhere else than the closed credit card as I anticipated potential issues. Everyone told me it can't be done, needs to be on the closed card.
• Actually called Westpac, they said returns made on a closed card will be transferred to my bank account with them.
• I send the phone back, Amazon sends me official email that they processed the refund.
• A month goes by, the money is not in my account. I call Westpac. They said they'll look into it and someone will contact me, nobody contacts me.
• I call again and lodge an official complaint. Get assigned a complaint manager who gets all the details and says he'll look into it.
• The complaint manager contacts me back and says they can't locate they money, says it most likely bounced back to Amazon. I asked him why would it bounce back, returns on a closed credit card should be able to processed, he said he's not sure, but claims they never got the money, says I need to contact Amazon, closes the complaint.
• I call Amazon, they said someone will email me from the billing department, nobody gets in touch. This happened twice. When I call again, some lady tells me they did the refund and it didn't bounce back so I need to take it with Westpac. She's not from billing though, just general support escalation. I tell her to give me evidence and she says the original refund is evidence.
I'm extremely frustrated and don't know what to do. My gut tells me that it's Westpac who are to blame here, I've had countless of Amazon refunds and never had issues. I also don't understand the notion of the supposed refund bouncing back, closed credit cards should still be able to be refunded, did this with Commbank without issues.I'm thinking to go into a Westpac branch to explain and seek help, but are concerned they'll try to just fuck me off saying it's not a branch issue.
HELP!
Hi there,
I've recently moved into a rental property and found a number of issues with the property. My two main issues being a cockroach infestation and a partially faulty stove. I've lodged maintenance request for both of these and the response from the agency has me extremely concerned. The stove has a faulty element on the stove top, the one large element, and initially the landlord flatly refused to do the repair. I thought this was unacceptable and push them on the issue and they came back with a compromise to use a plug in electric hotplate as a replacement for fixing the stove. I really don't think this is an adequate replacement for a stovetop element and was not happy with this solution as it feels like a band-aid solution at best.
The other major problem I have is a cockroach infestation. I reported this as well and the landlord has refused to use a professional exterminator to fix the problem. Their solution was to send their maintenance guy around with a few smoke bombs. Firstly, I know these very rarely work and given the scale of the problem I know they will do very little. Secondly, I have contacted the maintenance man who has advised me he is not certified or licensed for pest control. I have pets in the property and the maintenance was unable to advise the impacts of the products he was going to use and when the property may be safe. I have serious concerns for my safety and the safety of my pets. I have raised this with the agency but they continue to insist on this methodology as a 'first step' to 'see if it will curb the infestation'.
Both of these problems have me seriously concerned with the practices of the agency and I was considering taking the matter to tribunal. Am I being unreasonable in wanting the pest control matter dealt with by a licensed professional? Is it unreasonable to expect that the stove is repaired?
Any help would be much appreciated. Cheers.
Second year electrical apprentice.
Got fired for bringing up supervision of apprentices at work.
I told my apprenticeship provider, contacted electrical trades union, and made reports to fair trading and safe work about the conditions of my workplace. 15+ apprentices and work experience kids almost always unsupervised. Only 6 tradesman actually working, 2 of which are in the office most of the time and there is strict rules around supervision of apprentices.
Apprentices doing renovations, new construction, maintenance work for high profile companies (think large supermarkets) all by themselves, running these jobs with little guidance. They're making all this money off apprentices but when I asked for my boots to be paid for they said, we don't do that here. Which theyre required to do, by law I thought anyway.
Greedy boss couldn't care less, manager more interested in pleasing the director than getting something done right.
The last straw was a good mate at work getting sent 8 hours away (2nd year apprentice) having to organize the the job, replacing 12 40kg batteries for large telco provider at remote station BY HIMSELF essentially leading to an 18 hour work day. He originally was going to have an additional second year with him but he got taken off the job as there was a mix up with site keys, so they took the second guy away as punishment for the mixup.
So I called my union rep and he came out to a site I was working at and we had a chat. My director came to pick me up, our guys got kicked off site and when we got back to the office my boss handed me a letter of termination saying I hadn't passed my probation period.
I was actually out of my probation period at the time though which in my contract was specified as 3 months.
No one has been any help to me, the union has essentially said in NSW the probation period is irrelevant and an employer can let you go within 6 months without any real repercussion or reason. My apprenticeship provider essentially just said that sucks and is keeping an ear out for new opportunities which I appreciate. And I haven't heard ANYTHING from fair trading (electrical supervisor in NSW) or safework and fairwork has been useless saying they don't handle this kind of thing and my employer has an EBA so they can't help.
I just actually am dumbfounded at how this all just goes on when it's so clearly stated in the laws that all of this shit is SO illegal but nothing happens.
Literally what do I do? So much illegal shit is going on but it seems no one can or wants to help
Edit for some clarity: I'm not upset about losing my job I knew that would almost surely happen after kicking up such a fuss with my employer. But I did expect to have some backing from the regulators when it happened, you can't fire someone for talking to their union, and definitely can't have apprentices working by themselves. I'm more upset nothing is being done about this and why not
I recently was hit in the back of my car at a roundabout. My insurance company wants a copy of my driving history from Department of transport before the claim can be processed. I have fully comprehensive insurance and was on good behaviour 2 yrs ago. The insurance company said after 3 yrs since hood behaviour they no longer require disclosure. I am concerned that they will penalise my by paying excess and increase my premium.
My question is....will the insurance company penalise me even though the third party driver is at fault hitting into back of mar car when I was stationary?
Thank you for your replies.
Anyone know if having an empty vape device is illegal, thinking of ordering some empty vapes online no liquid of any sort is inside the devices just wondering if that would still be illegal?
A family member who I have spent the last 10 years wanting absolutely no contact with (and who knows full well I want no contact with them) has apparently decided that since their phone number is blocked, email address is flagged by the spam filter, and I've moved interstate so they can't show up at my house/office, sending me parcels is the best way of telling me my feelings don't matter to them.
The parcel didn't require a signature so just got left at my place, but it must have had tracking because I got a message from another family member asking if I received it and a heads up as to its contents.
Is there any way I can return this to sender without showing them I was the one who received it (eg, my handwriting as RTS/paying for the return postage)? I'm worried that they'll keep sending things if I toss it, and I can't have the post office blacklist their address because they live with family I am in contact with.
and before anyone asks, restraining orders are far too hard to get, and I'm not just going to accept whatever it is they've sent - this damn parcel is giving me flashbacks just by existing.
Hi Community, a former partner is accusing me of cyberbullying and stalking him on social media by sending friendship requests to his relatives and friends.
How can l protect myself from this FAKE allegations ?
If he goes to the police can he lodge a claim against me?
Hey everyone, so a few months ago I received a $320 fine for not displaying P plates
I originally wanted to take the matter to court as it was an honest mistake, but I think I would still loose after hearing some stories online
The due date is today, but I wanted to ask for a payment plan, but NSW revenue isn't opened on the weekend
Would it fine to call them tommorow and ask for a payment plan or will they enforce the $65 late payment fee even if I call tommorow
This is just a hypothetical. Say someone acquires a severe brain injury after committing a serious offence (murder) - what happens then? They would be deemed unfit to stand trial, but is there still an arrest/any kind of criminal process that goes with it?
So when Albo introduces his 16+ social media crackdown, and the rest of us have to prove our age with digital ID to open social media, do you think this will have an impact on people who won’t be able to use anonymous throwaway accounts to ask questions on subs such as AusLegal? Is this opening a can of worms?
Before you meet a criminal lawyer how much information should you give them? I assume there’s a line of specificity you don’t want to cross as to not risk legal repercussions if the emails eventually get found out or something
Where is the line between incriminating information and information that’s vague enough that the police/court can’t do anything with it?