/r/auslaw

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Do not ask for legal advice in this subreddit. Post all study and career questions in the dedicated stickied megathread

This is a subreddit for Australians (or anyone interested in Australian law) to discuss matters relating to Australian law.

Welcome to r/auslaw!

This is a subreddit for Australians (or anyone interested in Australian law) to discuss matters relating to Australian law or of general legal interest. DO NOT REQUEST LEGAL ADVICE HERE OR OVER THE INTERNET GENERALLY.

Do you have a question about your career, your studies, legal clerkships or the legal industry? Please post your query in the Weekly Students, Careers & Clerkship thread that is stickied at the top of the subreddit


NO LEGAL ADVICE IS GIVEN IN THIS SUBREDDIT

Due to professional laws and regulations and a lot of other reasons, no one in this forum can give you legal advice and nothing said in this forum should be considered legal advice. Here's a post explaining why we can't give advice


The Australia legal resources mega-thread has been updated!
This thread should hopefully tell you who you can contact to help you.

Here is a link to the older version...


Note: if your post includes any of the following words, it is probably a request for legal advice.

  • "I need advice" / My "friend" needs advice.

  • "Is this legal?" / "Is this illegal?"

  • "What are my options?" / "What should I do?"

  • "What happens in this hypothetical scenario?"

  • "Can I sue or be sued?"

  • "What are my rights?" / "Am I liable?"

  • "Can X do Y?"

  • "How do I do X?"

  • "What does this law mean?" / "What laws apply to my situation?"

  • "Can someone explain this law to me?"

  • "I'm not looking for advice, I just want to know [insert one or more of the above]."


Current or threatened legal proceedings

It is strongly advised that you not post details of cases and any unique facts in relation to those cases that are being (or are likely to be) litigated and that may lead to your identity becoming known. Just because this is the internet does not mean the wrong person is not watching. This is for your own protection. Please do not hesitate to contact the mods if you are unsure of anything in this regard.


Curious about your rights as an Australian?

Start with this thread
and if you have any more specific questions please feel free to ask.


Piracy and online file-sharing

Have a question about piracy (file sharing, etc - not the swashbuckling kind)? Check out our thread here.


Dodgy legal theories

PLEASE DO NOT post links or advocate the use of pseudo-legal theories known as "Freeman on the land" or its various Australian incarnations, and promoted by David Icke, Max Igan and the like. Such links or posts will be removed and the moderators may impose bans if the circumstances warrant it. For a comprehensive review of these arguments and why they're wrong, see Meads v Meads [2012] ABQB 571.


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Subreddits you may also be interested in:

/r/auslaw

74,647 Subscribers

23

Another interesting thread from our friends over at r/australian

57 Comments
2024/05/17
23:53 UTC

0

Need info on a case NSW

TLDR: need to find out if a trial is going ahead, he took a plea deal or was acquitted but can't find it in transcripts/ court records

I posted a while back about a relative of my partner being arrested for a pretty heinus crime (caught in the act and on cctv) . We were recently told by his aunt that "G is innocent" and when pressed for further details she said she didn't have any but is just happy he has cleared his name.

Problem with this is I can't find any record of a trial going ahead, so I'm assuming he either plead it down or charges were dropped, or it hasn't even made it to trial yet. The only news articles I can find are from when he was arrested and outrage that he got bail. And I can't find anything in court records, registered convictions etc.

Is there a way I can find this out? Should I just walk into a police station and ask?

I just don't believe its possible he was acquitted, and if I am no longer attending family functions because this creep will be invited, I want to be able to back this up with fact as much as possible

3 Comments
2024/05/17
16:29 UTC

0

Can a nsw priceline pharmacy force you to buy something you didnt open?

My housemate was in priceline and picked up a bottle of body spray. The spray bottle had a cracked/loose lid and loose/broken tape seal, it came off easily enough they thought it was a tester. An employee came over and said they saw them open the spray, and now they had to buy the spray because of store policy.

4 Comments
2024/05/17
10:50 UTC

8 Comments
2024/05/17
04:54 UTC

387

Hypothetically, if someone painted an unflattering portrait of me and I wanted it removed from the public eye, what would stop me from buying the painting with terms to accept assignment of the copyright and then striking anyone who published it?

Say, if money was no object, because I was, I dunno, the richest person in the country, what would stop me from doing this aside from a disinclination to compensate the artist appropriately?

93 Comments
2024/05/17
04:27 UTC

11

Friday Drinks Thread!

This thread is for the general discussion of anything going on in the lives of Auslawyers or for discussion of the subreddit itself. Please use this thread to unwind and share your complaints about the world. Keep it messy!

12 Comments
2024/05/17
04:00 UTC

0

Failing law school

I’m nearly half way through my law degree and so far have failed 4 subjects. I am motivated about pursuing law but failing has made me contemplate a lot about whether I should continue.

I was very high achieving in hs so failing law school has really lowered my confidence in my academic abilities.

Just wanted to ask if anyone could share any motivating stories of success who may have been failing in law school ? Or any tips in general?

2 Comments
2024/05/16
14:57 UTC

12

YouTube > Internal Training

What a time to be alive! I have finally found the perfect tutorial on how to draft a well-composed email.

Easiest CPD point I’ve made.

https://youtu.be/CzXJ0i4xABI?si=elceU5VBX-buqQ6H

2 Comments
2024/05/16
12:21 UTC

118

How to get over being yelled at by a judicial officer for the first time?

Relativley new. In Court today and for some unknown reason the judicial officer seemed to have it in just for me. Was perfectly polite to everyone else, but when it came to me I felt they were dismissive and almost going out of their way to build rapport with the other side (that fake friendly thing people do). I don't think I asked for anything unreasonable, and I have not had this reception before. I also felt the judicial officer spoke over me several times when I was responding to something they said. Currently lying here feeling sorry for myself and replaying the experience asking myself WHY WHY WHY???

Looking for stories about the first time you as a lawyer were yelled at, wiling to engage in piling on judicial officers and their cunty attitudes, looking for a*vice on how to appear before this particular judicial officer on the next occasion and potentially recover and/or push back without being rude so they let off, and a*vice on how to tame my anxiety in the short term. Have been on edge since this happened.

Thanks friends.

57 Comments
2024/05/16
11:54 UTC

44

And….he lost. Badly (Healy Pt III)

My learned friends, one of the great unfair dismissal sagas of 2024 has concluded, with the self-repped and now-infamous advocate Mr Healy thoroughly slapped down on permission to appeal in the FWC.

Decision: https://www.fwc.gov.au/document-search/view/1/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvZGVjaXNpb25zLzIwMjQvMDUvRGVjaXNpb25DMjAyNDEyNjY0MzM4NzQzMDVjMTgyMmMyLTQ3MDktNGU4Mi1iOTc0LWE0YTQxYjBjOTEwZjViMTJhNTlkLTliMWItNDhiMC04Njg5LTM0Y2ZkMTNjMGE4MS5wZGY1?sid=&q=#

Part I: https://www.reddit.com/r/auslaw/s/f0vttPYEhP

Part II: https://www.reddit.com/r/auslaw/s/E8wdMvhkML

I’m not sure what I excepted, but this is more than the usual cookie cutter s.604 rulings that I have seen over the years. It’s a quick read but the highlights are:

[23] Healy being refused the admission of new evidence on the grounds there was “no probability in our view that its content would have led to a different result”

[24] Healy misunderstanding the difference between an order to compel a witness, and the denial of that witnesses attendance at all (big own goal here).

[25] The full bench thoroughly running down the idea that the witnesses evidence, even if allowed, would have changed the result (ouch) and that Mr Healy’s contentions in this regard were “devoid of merit” (double ouch).

[26] Basically sums this whole saga up - that Healy believes the Deputy President “should have made different findings, reached different conclusions…” and that the grounds in this respect have “no arguable prospect of success”. “Mr Healy’s contentions do not speak to error in the decision or demonstrate that the findings are arguably improbable or contrary to incontrovertible facts. They simply seek a different result.” (triple ouch).

[27] Calls his conflict claims spurious, [28] picks apart his claims of unpreparedness and [29] affirms the original DP’s view that Mr Healy lacks insight into the effect of his behaviour on others on the basis he mistreated a co-worker (imagine having that on the public record not once, but twice).

That’s a wrap. Some well settled principles now about mediation, practitioner recommendations, social media use and the application of the vic PS code of conduct.

Not sure Healy will ever work as a public servant again - whether he realises that is of course a matter for his legal counsel.

8 Comments
2024/05/16
11:52 UTC

20

Why has BRS not been prosecuted?

54 Comments
2024/05/16
11:17 UTC

0

Does anyone here know what the LPAB does when applying for admission if you have been found to have committed academic misconduct?

Will you still be admitted, noting that the Uni still awarded the degree/qualification?

9 Comments
2024/05/16
10:36 UTC

57

This subreddit says no legal @dvice but the sign is obscured. Is this rule illegal?

14 Comments
2024/05/16
08:26 UTC

88

My law subreddit added a rule saying not to ask for legal advice. That was almost 2 years ago, since then I have seen nothing but requests for advice.

Title.

29 Comments
2024/05/16
08:19 UTC

0

My godmother passed, and her sister told me I am in the will. That was over two years ago and I have t heard anything since.

Apologies if this is not the correct sub for this. I’m just doing some research on the above scenario. I was told I was in the will, but it’s been a couple of years and nothing has come of it. It’s a sensitive topic and I’m not particularly keen on following it up with my godmother’s sister for several reasons, but I would like to know what happens in instances where one knows they’re in the will, but there’s no follow up?

2 Comments
2024/05/16
07:39 UTC

3

HECS debt of $17,000 that isn’t mine

So I found out about two years ago when I was completing my tax return that I had a $17,000 HECS debt displayed on my ATO account. I’ve never graduated high school and would have to undergo a bridging course before any application of mine would be accepted. I called a number of departments that kind of shrugged their shoulders and referred me elsewhere and I’m just kind of stumped as to how to clear this up. I’m deliberately choosing to earn less so I don’t start paying it back in the time I need to sort it out but it seems to be a bigger thing to tackle than I initially thought - and I just received an email that I may have to start paying it back !!! Any guidance would be a blessing

2 Comments
2024/05/16
06:59 UTC

0

Hi everyone!!

Im currently doing a Bachelor of Arts at Griffith university but I am hoping to go into law next year, I’m torn between Griffith uni or UQ.

I’ve seen a lot of people say UQ is better for after uni and having those connections but I just don’t know if that’s a good enough reason to go?

I’m hoping to do a double degree so law and criminology and I’m just torn on what to pick so if I could get other people’s experiences at either uni that would be great!

Thank you so much!

2 Comments
2024/05/16
05:35 UTC

148

Crying rooms

Should we utilise crying rooms in law? What is the best use case?

  • in Courts after you get Judgement
  • in the office after the client gets their invoice
  • in the office for junior lawyers when they are let out of their document discovery dungeon
16 Comments
2024/05/16
05:47 UTC

0

Resources for getting the most out of ChatGPT for lawyers?

I used to be an early adopter for new tech, but I haven’t touched ChatGPT yet.

Are there any seminars or resources on how to best use this as a lawyer?

Looks like there’s some good Coursera courses on general prompt engineering: https://www.coursera.org/courses?query=chatgpt

There’s a Udemy course, though not free and I have no idea if it’s any good: https://www.udemy.com/course/chatgpt-for-lawyers-paralegals-allied-legal-professionals/

Any other starting points or tips and tricks?

23 Comments
2024/05/16
02:02 UTC

0

Denial to reproduce a signed contract.

Hi there auslaw, I'm not finding exactly which law states that you have to produce a previously signed contract upon request of the signee. Maybe I'm not using the right terminology to find it? But I KNOW it's illegal for the counter party to deny access to the contract if the party who signed it requests to see it.

edit: specifically the original signed contract in some replicated form such as pdf/photocopied

2 Comments
2024/05/15
16:27 UTC

0

Is pursuing a career in law as a foreigner a good idea?

I am not an Australian citizen but I used to live in Vic for a bit. For my undergrad, I pursued an LLB degree in another country. It matched the requirement of a 4 year degree with a research component.

Now I'm thinking of pursuing an LLM in Australia, working for a bit, and finally work towards the PLT to become a solicitor.

I've thought about the JD route but I've seen in a few posts that it's not a good idea.

Is this advisable? Does anyone have any inputs?

2 Comments
2024/05/15
12:57 UTC

36

Corrs - SafeWork NSW investigation?

Anyone know details of the SafeWork investigation into Corrs? Rumoured to be in relation to predatory conduct / similar to PWC?

20 Comments
2024/05/15
12:16 UTC

14

Pay rises - 2024

Hello Redditors.

What are the lawyers here expecting (if any) for a pay rise this year? From what I’ve heard around Queensland, it seems to be circa 5% (to gross salary).

Would be keen to hear if anyone else has any insight/comments.

Cheers

14 Comments
2024/05/15
10:01 UTC

118

LEMONS, IT'S RANT DAY.

35 Comments
2024/05/15
00:33 UTC

0

Bail Act (NSW) /DV: Academics will fix it. Pls just fuck off.

DV bail changes make a big difference, but Minns missed one big red flag

My comment :

"Rosalind, these are simply words. For context you need to spend a month in various Local Courts around regional NSW to understand the time pressures on LC magistrates, police prosecutors, Legal Aid and ALS. The Bail Act is law. Magistrates and practioners apply and are bound by law. Change the law if you like but Portugal, US, and Spain are so far removed from the NSW LC experience as to be a pipe dream of an academic"

That is just uni lecturer wanking. I see that Minns has walked it back.

13 Comments
2024/05/14
09:09 UTC

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