/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
My friend, 26, has been diagnosed with treatment-resistant clinical depression, a personality disorder, social anxiety, generalized anxiety, and mental instability. However, her psychiatrist lost all medical records, and as a result, she has not received psychiatric or therapeutic care since. Due to Medicare's refusal to cover her appointments and her inability to afford private treatment, she has been unable to seek further professional assistance.
This past week, she experienced a severe mental health crisis, during which she issued threats toward a former friend, as well as that individual’s acquaintances and animals, via Facebook messages and phone calls. These communications were recorded without her consent. I have attempted to explain to the former friend that my friend suffers from significant psychiatric conditions that cause her to say and do things she does not genuinely mean during these episodes. Once the crisis subsides, she experiences deep remorse. Her breakdowns typically last for approximately three days, during which she does not sleep and consumes excessive amounts of caffeine and energy drinks in an attempt to remain awake.
Despite my efforts to mediate and my friend’s willingness to offer an apology, the former friend remains intent on pressing charges. My friend has exhibited similar behaviors during previous breakdowns, yet there is no official documentation confirming that she is clinically insane.
Given that my friend resides in New South Wales while the former friend is located in Melbourne, I seek guidance on the legal options available to her. Specifically, what measures can be taken to prevent court proceedings? If court is unavoidable, what legal avenues exist to prevent incarceration? I have attended all of my friend’s psychiatric and therapy appointments, including the session during which her psychiatrist’s computer crashed, resulting in the permanent loss of all patient records, including her
Heavy post but I'm at my wits end lately. My house is connected to my neighbours, which means I hear everything that my neighbours do to their children. From some of the worst and loudest verbal abuse to hearing the mum beat the crap out of her kids/them sobbing loudly, to them even crying out for help at the front yard which is also connected with ours. The parents also occasionally lock their kids outside and don't let them back in for a whole hour, they've got 6 kids between the ages of 17-3, they've done this on the hottest days to the coldest. I can't count how many times I've reported this to the police, gave them the warnings about how the parents and even children will hide the abuse, etc. I've also made reports to my council, orangedoor, and DFFH. I've taken video evidence of the verbal abuse, can't get anything more for physical abuse evidence at the moment because the mum is almost never steps outside anymore. The abuse always starts from 10pm onwards, because my cow of a neighbour for some reason thinks yelling at the top of her lungs at night is "her business.".
I'm especially fuming tonight, as I've just heard it get the worst I've ever heard so far and quickly made a call. I'm convinced VicPol are some of the laziest and most useless bastards ever. It's 2am, they arrive, the entire family of 8 steps out. They ask the parents "We got reports you have been abusing your children"?? the parents then go "No. Our neighbours just call the police on us all the time.", then the cop duo legit just say "Oh, alright then." then leave?????????????? Immediately after theyre gone, the mum starts verbally abusing the shit out of her kids again and then the dad steps outside and starts speaking really loudly with vague threats. I feel fucking crazy? You'd think with the cops having to go into their front yard, which is absolutely riddled with garbage and broken shit everywhere and holes broken in the front door they could at least maybe put two and two together and pretend to give a shit.
So far I've just been putting my blind faith in something potentially being done behind the scenes, being actually reported, etc but I'm really so exhausted. I hate having to decide whether it's even worth my time calling anyone when this is the response. I'm watching in real time these children grow up to be completely nonfunctioning because of the abuse they deal with every day, with the 3 oldest becoming mini versions of their parents, if not worse. It's hard to act like it's not affecting me when my sleep has gotten so poor over it. The yelling seriously goes from 10pm-4am almost everyday, and hearing someone yell at the top of their lungs/act out so violently with the sounds of kids bawling their eyes out has honestly made my mental health plummet. Can't explain how depressing and enraging it is to live next to. I'm not even sure what to do. Moving isn't an option for me right now because I can't afford it, plus I live in an area that I love and is incredibly convenient for me with access to work and family.
I've considered making complaints to triple 0 about police behaviour because everytime they show up they legit do nothing. They don't even check on the children. If child abuse is apparently not "high priority" enough for VicPol then I'm sure they wouldn't give a shit about me complaining about their officers.
It's really hard not to feel completely bitter and jaded now. If anyone has any other suggestions I'd greatly appreciate it.
I brought a Hisense fridge from Harvey Norman 2 months ago. Since then the freezer part has stopped working, so I called Harvey Norman about this issue and they straight away palmed me to Hisense customer service saying that it’s a warranty issue and that I need to deal with them.
But I did abit of research on reddit for people’s experience with the same issue and looked into the Australian consumer law and found out Harvey Norman need to replace or refund me as this is classed as a major fault and that they then need to deal with Hisense for the replacement or warranty after refunding/ replacing mine.
So after this information I called them back and informed them about the ACL which this policy is stated on the Harvey Norman website and there response was that they need a person from Hisense to come and assess the fridge to then allow a approved refund/ replacement. The only issue I have with this is that I have been without a freezer for two weeks already waiting for Hisense to call me back aswell as I don’t live in a major capital city so I highly doubt they have a Hisense specialist to assess the fridge unless they hire through a third party company locally. So I believe Harvey Norman are responsible to refund/ replace the fridge but I don’t know where to go from here due to not knowing if there reasoning to have to get a Hisense specialist first to approve a refund/ replacement is valid.
Any help would be appreciated! Cheers
I was wondering if it was legal although it is not effective as a bulletproof vest. Still, could it be consistent as bulletproof armour?
Hello all,
Wanted to ask if this is legally allowed.
Can I register a NSW vehicle in the ACT before the previous owner has submitted the Notice Of Disposal? Naturally I'd be surrendering the plates, having signed proof of ownership, inspection papers, etc.
I figured maybe it's allowed since it's really tearing one rego down and establishing the new rego and the nsw plates would be given back and they'll have a signed copy of receipt. And that the NoD is really just to direct tickets, etc. to new owner and say the registered NSW vehicle is in someone else's possession.and has nothing to do with actual "title"/ownership of the vehicle.
The NoD would be in a week after registering it. The owner is out of country until the 17th, gifted it to me, signed the papers and because I didn't need the car immediately left the country 2 days later.
Yesterday my daily got wrecked after a "mate" despite warnings and being told not to, went "watch this!" before failing his "cool trick" and implanted his car firmly into the right side of my daily. Now to be a statutory write off.
I have clients all over town to drive to until then, so I need a car. I can likely fond a way for the next few days but NOT the days after.
Worst case I hire a rental but id really prefer not to spend money on a hire car, if I don't need to. So thought I'd ask before I wait on the phone on Monday for 6 hours for no reason.
Can't find anything saying it can't be done when transferring interstate but if course that means nothing.
Hi there, I have a tricky situation in my workplace at the moment, one of my staff has accused another member of staff of assaulting them. The victim has requested that I as the manager do not escalate this to HR or the owners. I'm unable to terminate the perpetrators employment myself as I do not have that level of privilege. The incident was recorded by cctv which I have not yet viewed but have access to and can save files from there.
I'm seeking advice regarding my responsibility of reporting the incident to HR and the owners.
Am I required legally to act on this information and report regardless of the victims wishes.
Is there a time frame in which I have to report the incident.
I know it shouldn't matter but if I report the case it will significantly impact the business as it is a small team.
Edit: thanks for all the advice folks, I think I knew I had to report it but it was hard to separate my obligations from my emotions. I'll be collecting the evidence tomorrow and filing with HR asap.
My landlord has entered my rental while I was away visiting family, and has visibly interacted with the apartment (removed fire alarm, wound up blinds etc).
Is this worth reporting to the housing tribunal? I’m afraid that if I do so, I will lose the rental which in this housing market would mean I will be sleeping in my car for the next few weeks or even months. What penalty would be imposed? Am I overreacting?
Hi, just want to ask for an advice or opinion about my current issue. I am a childcare educator and I noticed that the owner have expired meat in our freezer and that's what they use for the meals.
I know that frozen meat can still be consumed within 3 months after the best before date and should be kept in the freezer. However, sometimes it just doesn't smell right. We also have some canned goods or any food that have already been past the best before date and I know some can be consumed past that date.
Our chef resigned because of this. She raised the issue to our owner but they ended up fighting. She doesn't want to get in trouble if we have kitchen inspections before and if something happens to the kids.
I work part-time in the childcare and had 38hrs work, then they started to reduce my hours when I also raised this issue to them. I saw a meat that expired in October 2024 and told her about it in December before New Year. The owner dismissed what I told her and just said, "That's fine. We can still use it for 3 months."
Also, I started working with them November 2024 and they supposed to pay superannuation every quarterly but they haven't paid mine yet. I also heard from my colleagues that they haven't got theirs and one of the previous employees gone to Fairwork for not getting her Annual Leave payout and superannuation.
Not too sure on what I should do regarding this.
A few days ago I was hit by a car on my motorbike. See my post history for the video, but be warned, it's pretty confronting. I'm not at fault, police have confirmed this but still waiting for them to close the investigation.
I broke a rib, got concussion and lost a bit of skin. I'm damn lucky it wasn't worse.
I've applied for MAIB and my bike is covered separately, as im going to need home help and there will be loss of income, but a few comments are saying to sue the person who hit me. Is this something we even do my australia? I mean... should I?! The driver didn't appear to show any remorse, and even tried to blame me.
I have a laptop supplied to me from work to do my job from home. The question is, is it legal for them to record from the microphone on the laptop?
The household is full of personal conversations and moments so I would find this a little unsettling.
Before you ask I am not worried about what I’m doing when it’s work hours, as I’m doing my job. Issue is more when work is over and the laptop is just sitting there.
For a few years I have been renting a storage unit to store all my furniture and some belongings while out of the country (Australia) until I come back. I was made aware that the storage unit got extensive water damage and all my belongings were ruined.
The company is denying responsibility as there are terms in the contract that essentially say it's not their fault if damage does occur such as flooding or stealing ect. However on their website there's a statement at the front that says they are trusted by Australian's to keep their belongings "safe and dry".
Do I have any legal claim? Would this possibly be a case of false advertisement and is this worth pursuing or should I just consider myself unlucky or move on? All I would like is the money l've paid for the storage unit for and all the rent fees I've paid over the years.
Good Evening AusLegal.
I currently volunteer with a small wildlife rescue group, we have recently floated the idea of purchasing a 'Net Gun/Launcher'to assist in the capture and rehabilitation of birds as it can sometimes be difficult when an injured bird is still capable of flight.
There was a question about the legality as we are unsure if this would be classed as a firearm under NSW law. The launcher in question bears no resemblance to a firearm, nor does it use any explosives.
https://www.netgun.com.au/ for reference
I have emailed the firearms registry however they have a 28 day turn around on replies I have also contacted the local police who were unable to say with 100% certainty if this would be classed as a weapon.
Thank you for any information you may have as the countless houses I have spent googling have been fruitless.
Trying to transfer a camera fine to my mate whilst he was driving my car. He’s accepted responsibility and is happy to take the fine as he was the driver. My car and license is QLD, his is VIC. Whilst trying to transfer the fine on the services QLD page. It says “customer record could not be found. Please verify customer details or complete paper statutory declaration and send to applicable agency”
I guess I can simply fill out the paper statutory declaration that comes with the fine. But has anyone had this happen to them and can shed some light on it? Also when I fill the stat declaration and send it to the appropriate agency, will my friend just receive a fine in the mail?
Thanks I’m advance guys!
Hello. Possibly wrong group but I've seen this group mentoned.
Looking to migrate to aus for 5+ years of work and ongoing, but have substantial criminal record including prison time of over 12 months.
Well over 10 years ago.
Have family now, gainfully employed, active mens of AA with many years clean and sober.
I can't help but get my hopes up that I'll make It. 😮💨
Hi everyone, first time posting here as I’ve got myself in a situation that I hoped I’d never find myself in…
I am renting a unit with my girlfriend and one of her friends, who has turned out into a really shitty roommate, who gaslights my girlfriend, lies to our faces and is a fucking nightmare to live with, to the point we are tip-toeing over our own home. Trouble is, we have all co-signed as tenants so she is on the lease, so by my understanding, we cannot force her out. Does the fact that I paid the whole bond through my own personal account on behalf of everyone change the legal situation at all though? I am living in Tasmania, for reference if any local laws may come into play.
Also, any tips or tricks to deal with her and the situation would be greatly appreciated… it is a 12 month lease and we have 10 months left, I am at the point where I dread even coming home from having to deal with this room mate.
Today while making a left turn it was still yellow so I made a turn but then it flashedd I’m freaked out I cried!! This is my first red light camera How much fine will I get and demerit points as per NSW law? Pls advise.
My neighbour recently had our side fence replaced, they hired a tradie to complete the work.
Once the fence was completed I received an invoice for my share of the bill, including their letter head and logos etc. I promptly paid it to the bsb and account number listed.
A few days later, the tradie called and asked if I had paid yet, ofcourse I said yes, he said " great! I've not been able to access my email for the last few days"
Later he called and complained he couldn't find the payment. On further inspection, we discovered that someone had hacked into his email and sent the invoice with a different bsb and account number.
I have ofcourse contacted my bank, but I expect the money is gone. In this case, who is at fault? Am I expected to pay the money again? What are my rights here.
Any advice is appreciated
Hi all,
Had a single dog go to a pet sitters place recently and escape their care not once but twice.Whilst escaped the second time, my dog got into a fight with another dog a few blocks away (apparently unprovoked).
The sitter was organised through a 3rd party app who has insurance with a small excess that the sitter is now asking us to pay under threat of reporting the dog to the council if I do not. The app states clearly it is the sitters responsibility to pay the excess and I would be willing to pay half possibly but the attempt at “blackmail” does not sit right with me.
My dog has no history of aggression and has stayed in multiple different pet hotels without incident.
Given the threats we have from the sitter are in an email we could provide in an investigation, would the council be likely to declare my dog dangerous?
Ps. I will also be seeing a dog trainer to seek further advice over any aggressive tendencies my dog may show as I realise as an owner I have a responsibility to ensure my dog is not a danger.
Title, basically. Can’t find a definitive answer online, so I assume that it’s not legally required, but would you recommend it? Thanks!
So I (21F) moved in with my mum and her bf of 5ish years a little over 6 months ago. I am currently in the process of buying a home (have pre-approval just need to put an offer in for a property and then go through the settlement process) so I doubt I will be here much longer anyway but when I got home from work the other day, my mum said that he is evicting us (he owns the house) and has spoken to his lawyer and that he wanted to tell me. Now I take everything my mum says with a grain of salt (shes a drug addict, has nothing to her name and hasnt worked since I was a child. She’s been living off his money since they started dating and that includes living in this house. She’s constantly thinking there’s vampires/ghosts in the house, spy’s are following her etc. so as you can tell not the most reliable source) and he hasn’t mentioned anything to me yet and it’s been a couple days. If he is going to evict us does he have to provide notice or something?
Edit: Thank you all for the help :) Also to those of you concerned about me and what my mum may potentially do I promise I am safe! I have grown up with her on drugs and definitely know how to protect myself and avoid conflicts with her and her druggie friends/boyfriends. Once I have bought a place I will be returning to low/no contact (I went no contact for about a year or two back in 2020 but she got in contact with me via my brother and promised she changed which she had seemed to for a little while but she has gone back.. to be expected when you’ve been doing drugs since 14 and have had plenty of people support your addiction) and she definitely will not be allowed to come to my place or even know my address once I have purchased something. I also don’t think her bf is doing this now to hope that I take her with me as I only just told mum I was looking at properties after she said we were getting evicted, but you never know, they may have overheard conversations I’ve had on the phone
I just want to say I’m not looking to sue or get anyone fired. I just genuinely am asking what the next best recourse is, I don’t even know if I’ve posted in the right sub
We bought a new fridge from good guys during Boxing Day sales. It was purchased with a tv and at the time we asked for delivery and removal of old fridge ($85) plus premium service ($150) to swap the door opening because we needed a left opening fridge. We needed them to hold on to the tv for another month because of construction in the living room - the salesman said no worries he’d note it on the invoice.
A few weeks later got a text saying fridge was ready, I selected the delivery date (a Sunday so I wouldn’t need time off work). A few days later I called the store to confirm that while I was having it delivered, we needed the tv to stay and confirmed door reversal at delivery. They said yep all good, it’s noted in your docket.
Delivery guys turn up (obviously contractors) and have no idea about reversal. Because I have small kids and needed to swap the food over from the esky I couldn’t sort this out and have them come back another day. I spoke to good guys during the delivery and the manager said he’d have someone come out the next day to sort it. Great, annoying but my in laws said they could come over to be home.
Next morning (8am) I called the company to confirm delivery window, they said 11am-1pm. Great, I tell my in laws the window. 15min later I get a text saying “we’re on our way” wtf? So in laws rush over. The guy swaps the doors. Problem solved?
I get home and there’s a loud popping noise every time you open the freezer. That has gone but now there’s a rubbing noise when you open and close at the hinge. Went to good guys and tried out floor stock. Doors are silent. Showed them a video of what it sounded like and they said yeah that’s not right. We need to get the same guys out otherwise, and I quote “it will cost us money to get a different contractor”. We’ll call you tomorrow. Well three weeks have passed. The person who was initially calling me every week has stopped. When I spoke with the manager he implied most of this was MY fault cause I selected delivery on the text?? He refunded the delivery fee because I said this was BS.
Who do I go to now?? I’ve called them at least 3 times without a resolution and have gone to the store as well. They his isn’t that easy, it’s never the same person when I go and I work. I’ve got two toddlers at home, I can’t just take them to the store and sort this.
Very frustrated. The fridge works but I feel like at some point I’m doing damage to the door mechanism and in 12m the warranty will be “nah you installed the door wrong, sorry”
Hi all, bit of a weird one.
I recently interviewed for a social media manager role at a Melbourne-based apparel company and all went well. At the end of the interview, they asked me if I would be interested in completing a project for them. They then explained that they had footage from a recent photoshoot, and that they would love for me to create two short videos “to see my creativity and storytelling skills in action”.
They’ve since sent me over a small brief, which includes wanting a TikTok and Instagram video with caption copy, as well as a 1 week content plan example for them.
I understand wanting to see proof of work if I didn’t have any examples or if I was a junior, however I’ve already sent over a portfolio with plenty of past projects and content pieces I’ve made over the almost three years I’ve been doing social media coordination and content creation.
They haven’t specified if these videos I make will be used as marketing material, or if these projects will be paid.
Should I be following up on the above before I start working on them? I’ve prefaced with them that I have some external projects that I’m working on this weekend, just to manage expectations. But shouldn’t this technically be a paid trial? Any help or recommendations are greatly appreciated!
I was pulled over earlier this evening, breath tested and asked for my license etc. Where I told the officer respectfully I didn’t have my ps yet and am on my ls and gave him a reason to why I was driving, the passenger of my vehicle was not wearing a seatbelt (which I was unaware of) and that lead to me being fined for that and of course for driving unaccompanied on my ls and resulted in me loosing my license for 3 months.
The officer was very respectful and told me if I hadn’t looked as young as I do and if my passenger had been wearing their belt they wouldn’t have suspected anything.
I just got my ls back in October 2024 and was curious about a couple things
Will I have to redo my hours for my ls once i recieve my license back
If not will I have to wait an extra 3 months after October 2025 or am I still able to get my Ps in October which is the normal year long wait from when I originally got my ls
Notes:
I’m 19 years old
Live in NSW and was pulled over in NSW
Was not going over the speed limit or breaking any road rules (other than me driving unaccompanied on my ls)
Hey. Recently my partner and I have started building our first home. We are set to be complete by end of February, early March.
One neighbour has already reached out to us and we have organised fencing. Our neighbours on the other side are yet to start building at all. We reached out to our land realtor for the contact details of the other neighbours . They got back to us and said the "contract of this Lott is not yet at the unconditional stage" so they can't provide any details.
So to get to the point I wanted to ask if we were to build a fence are we allowed to ask them to pay half /minimum of a standard fence after someone locks in the contract with that block. Just wasn't sure if they legally have to pay their portion if we have build the fence before they owned the land/approved of our quote we find?
Obviously don't want to break any rules and I feel it's not exatly a good first impression to new neighbours to ask for money for a fence they didn't get any decision about?
Only planning to have a plain wooden fence a anyway. But not sure if we should wait in case we don't have neighbours for a couple of months by the time we move in? Or do we just tank the cost if they aren't in any time soon?
Thanks for any/all advice is appreciated ✨ 💕 Have a great day.
I was recently the victim of a break-in and car theft. Thankfully the person responsible was caught and charged, but I was notified by the police that the culprit is a minor. I still have missing items I need to replace out of my own pocket, so I wanted to know whether I can have a restitution order placed against him.
The CEO/Founder of the company I work for is over-emotional, reckless, and says things and makes decisions that impact people's lives without even thinking about it first. I was organising a staff meeting recently where I had to get food for everyone as we do not get paid for staff meetings at this company but everyone is required to show up as they are promised dinner. The budget was decreased down to $12.50 Australian per head. Which doesn't even cover the cost of a trainee on minimum wage for an hour of work, and staff meetings are required to go for a minimum of 1 hour after we finish work which is from 6:30pm onwards. I went over budget by about $150(ish) because there wasn't going to be enough food for everyone and I felt bad already that people are required to turn up with no compensation apart from food. The CEO has now said that he will be taking that $150 from my next pay check to cover the additional costs that I went over budget. I understand I should have stuck to the costs, but I just want to know if this is legal or not. $150 for me is petrol for a fortnight and all my food throughout the fortnight... I am worried if i fight this I will lose my job as I am still on probation (I have only been in the company for 5 months)
Queensland, Australia.
My ex girlfriend has left her stuff at my place for approximately 5 months. Well over 2000 dollars worth of stuff. I have been asking her to let me know what her plans are but she won’t communicate with me.
Can I dispose of the stuff legally ?
I am thinking of giving her 28 days notice to pick up her stuff after which point I will either dispose of it/sell it off and give her the proceeds.
l was in great health until about 6 months ago l noticed l had trouble walking and l saw my regular doctor, he had an x ray of my knees done and it showed some very minor early stage arthritis, almost normal for someone in their 50's like me. Over the next 6 months l saw the same doctor about 7 times telling him its getting harder and harder to walk and how l feel offblance walking and how its affecting my life and how l can not even walk up a few stairs, each of those 7 times he kept telling me its just a bit of Arthritis and l said if thats the case why is it so hard to walk? About a month ago my legs collapsed and l was taken to hospital and they did a MRI scan that showed l have 20 Multiple sclerosis lesions in my brain and spine and diagnosed with MS . l think over all the times l saw my doctor over the 6 months he should have explored other reasons l could walk apart from minor arthritis and told me to get a scan of my back or brain, if he did so the MS would have been caught much earlier and l could have started the drug treatment to stop it progressing as far as it had, l dont beleive he took me seriously over the 7 consultations when l told him l could hardly walk, a competent doctor would have know something else was wrong apart from minor ealry stage arthritis and told me to get my spine and brain scanned. Do you think l have a case for medical negligence with a no win no fee law firm or would it be very difficult to succeed and not worth it
Currently calling the local Wagga council while I sit at the hospital getting an x-ray, trying to do the right thing reporting it.
Council have said they’ve checked the pit location, and it’s owned by NBN, called NBN they said it’s not owned by them, and gave me a Telstra Pit Asset Number,
Called Telstra and they refuted ownership, saying it was an NBN asset.
Who owns these bloody things and who is liable to come at least put some cones around it so other people don’t fall down it?
Edit: Pictures of what I fell down so Incels stop calling me fat lol.
Hi guys,
I had a very minor rear bumper tap where from what we can see, there is no damage apart from a tiny mark on the paint. I am at fault. I tapped the bumper probably creeping forward at like 1km at hour.
The other person didn't seem to phased but said they wanted a second opinion.
Do I need to contact my insurer to let them know what happened incase they do make a claim or do I just wait to receive a letter if a claim is even made?