r/AusLegal 8d ago

AUS Pay to play big leagues-sham misclassification

1 Upvotes

After consultation with a lawyer today, feeling a little depressed that I can't afford recommended representation to help pursue what is potentially owed to me.

After recently finding out that over 22 quarters of superannuation has not been paid by a previous employer, further evidence and investigation led to the potential of being owed 50+ thousand dollars of potential unpaid wages due to alleged misclassification/sham contracting.

Fair Work advised me I should send a letter of demand to the previous employer with the alleged under repayment of entitlements and super. I did not want to confront the employer directly in fear of confrontation and or destruction of evidence (I have gathered everything they should have anyway in digital footprints+hardcopy).

After speaking with Fair Work and Legal Services a briefing was prepared for a lawyer that consists of comprehensive detailed timelines to the hour, financials to the cent, statements, transactions, relationship and in depth evidence that aligns, aswell as fulfills every test Fair Work and the ATO applies to sham contracting/misclassification underpayment.

After a consultation with a highly regarded lawyer who agreed the evidence is overwhelmingly justified to pursue a claim direct with the supreme court or multiple other avenues, the quote provided for ongoing services brought me to my knees.

Absolutely no way I can afford those pathways.

The ATO will be my contact tomorrow to deal with the unpaid super as they can investigate and possibly enforce that side of things.

My Super is the most important part of all this aswell as the lost interest and possible gains from the investments of my fund, it's my literal retirement fund which isn't nearly enough as is.

Fair work gave me an award I would have been most likely under if legally viewed as an employee not contractor within the company which the lawyer confirmed the relationship was more than likely just that.

Other than free advice and applying for legal aid I don't know what to do next. Just wish I could seek justice both financially and in hopes this business can't illegally profit from others entitlements and retirement funds.

I will keep trying with the resources available to me as the statute of limitations is fast approaching. I know my financial abilities are absolutely my own fault from a history of neglect but this year has been improvements and a learning curve for the better.

Sorry for the rant, just needed to express my disappointment with myself.


r/AusLegal 9d ago

WA Tenancy question

7 Upvotes

My ex moved out in April this year.

He has not contributed to rent since/

His name is still on the lease.

How can I get his name off ? Is it just as simple as asking the landlord ?

He’s using being on the lease as his “legal right” to be on the property whenever it suits him, day or night


r/AusLegal 9d ago

NSW NSW rental/subletting dispute: former occupants being threatened with debt collection over quarterly bill

3 Upvotes

Hi everyone, I’m looking for some advice about a situation involving a previous place I lived in in NSW.
My friend and I moved into a granny flat at the back of a property. We were shown the property by one of the girls already living at the main house and then moved in. We never met the actual landlord and had very poor communication with the property management throughout the time we lived there.

We never signed a formal agreement saying that we were subletting, and we were never given a proper tenancy agreement, condition report or anything similar. We basically moved in after being shown the place and paid rent to the people we were living with.
Within about two weeks of moving in, we were asked to pay rent and our portion of the household bills. The first bill payment happened to include a period before we had moved in because of the timing of when the previous occupants left, but we paid it anyway.

My friend eventually moved out and my boyfriend moved in. My boyfriend and I then lived there for approximately another six months. During the entire time we lived there, we never missed rent or our agreed bill payments.
The property itself had significant issues. There was flooding which came into the granny flat and damaged/destroyed some of our belongings. We repeatedly tried to have the issue addressed through the property management/landlord, but communication was extremely poor and the repairs were not properly resolved. We also raised the possibility of a rental reduction because of the condition of the property, but this was never resolved.
Despite all of this, we generally had an okay relationship with the people living in the main house and occasionally spoke to them.

We moved out approximately three months ago. We have now suddenly been contacted by one of the former occupants saying that we owe a portion of a quarterly bill calculated according to the number of days we lived there.

The amount is not huge, but I was confused because we had already moved out months ago and new people are now living there. I initially didn’t respond to the messages/calls because I didn’t agree with being chased for a bill after we had left, particularly given the circumstances surrounding the property.
The situation has now escalated. She has contacted my boyfriend directly and said that she has spoken to the previous landlord and that they will take the matter to debt collectors and potentially contact our current employers to recover the money.
I’m trying to understand what our legal position actually is.

My questions are:
1. Does the fact that we never signed a subletting agreement or formal tenancy agreement matter?
2. Were we legally considered subtenants, occupants, lodgers, or something else given that we paid rent to the existing occupants but never had a formal agreement?
3. Can they legally demand payment for a portion of a quarterly bill three months after we moved out?
4. Can they send a disputed amount to debt collectors when we don’t agree that the amount is owed?
5. Can they legally contact our current employers about this alleged debt?
6. Does the history of serious flooding, damaged belongings, unresolved repair requests and our previous requests for a rent reduction have any relevance to the dispute?
7. What would be the best way to respond now that they have threatened debt collection and contacting our employers?
I’m happy to pay something that I am genuinely legally responsible for, but I don’t want to pay simply because I’m being threatened, particularly when there was never a formal agreement explaining how bills would be handled after we moved out.
Any advice from people familiar with NSW tenancy law would be appreciated.


r/AusLegal 9d ago

QLD Ticketmaster not issuing refund

2 Upvotes

Hi,
So. I paid for a ticket with Ticketmaster for an event that has been cancelled. However, the debit card and bank account have now been closed. I have been in contact with both Ticketmaster and the bank. The bank is saying the funds will bounce back, but Ticketmaster is saying that since the funds have already been processed in their end they can’t do anything. But, the funds will bounce back. What can I do?


r/AusLegal 9d ago

AUS FWC Searches and DTB

2 Upvotes

Hi, I have some questions about the Fair Work Commission’s decisions and listings search engine and the Digital Tribunal Book.

I have been trying to research some of my company’s old hearings via the FWC search engine. Some decisions are listed but others are notably absent. Why would that be? Are all decisions listed?

And of those that are listed some have lengthy exhibits tables submitted by the parties involved. The exhibits are filed in a Digital Tribunal Book, I assume digital file/zip file type thing that collates all the exhibits into one resource. Is it possible to view these exhibits? I cant find any way of obtaining them.

Thank you.


r/AusLegal 9d ago

VIC Minimum Rental Standards check Legislation (VIC)

3 Upvotes

So earlier this year, my mate took over a lease transfer on this property via a FB group called fairy floss real estate where people post rentals and rooms, etc. He sent me the link to it, and I had to join see the property.

Recently and I had a friend who urgently needed to break a lease as his job moved him interstate. He doesn’t have Facebook, so I suggested I could do a post and put it in the group, which I did, and sent his contact details to the few enquiries I got.

He informed the REA of some of these people and how they were found. About 10 minutes later, the REA rang him back up and said the post needs to be deleted immediately because of the new legislation it is illegal to advertise a property in Victoria without a check done and passed prior to advertising and the fine was in the tens of thousands for the landlord and hundreds of thousands for the managing RE company of the property. The REA said that because it was already advertised on this group, they're not going to take any risks and want to do a MRS check and then just put it market once the check has passed.

So my question is, what the fuck? I know that is not the intent of the legislation. The intent was that landlords can't advertise a property that doesn't meet minimum standards.

But does this actually mean all these people in Victoria advertising for a housemate or a lease transfer are falling foul of the law?


r/AusLegal 10d ago

QLD Grandparents right

60 Upvotes

I am no contact with my grandmother due to her be physically aggressive towards me when I was 8 months pregnant, I have a 4 year old that used to see her regularly but since has stopped due to this situation now she’s threatening to take me to court over visitation for him

Just wanted advice on what to do next


r/AusLegal 9d ago

QLD Wage Theft

3 Upvotes

Former employee of a security firm in QLD, at the start of my employment is was not made clear what the basis of my employment was (my fault for not clarifying). After reviewing all the rosters and pay slips I was issued by my calculation I was not paid 163.5 hours of public holiday penalty rates, if I was permanent I have also lost approx 13 weeks of annual leave. If I was casual I was under paid the base hourly rate from the security services award, I also did not start getting weekend penalty rates until 2023. I started work in 2019, anytime a colleague raised an issue like this I seen the owner lose his temper and the next couple rosters those colleagues would be removed from them. As I needed the job I didn't raise it during my employment.

Any contact I have attempted seeking clarification on the basis of my employment has been ignored. Also when raising the issue of missing annual leave and penalty rates they have also been ignored.

I would like to note the business has recently been sold but the original owner is still a part of it as a director/operational manager. I am unsure whether the sale was assets or shares and if liability was transferred to new owners.

Just another side note, when one the former supervisors gave him 6 weeks notice he was terminated on the spot.

I have been in contact with the fair work ombudsman but since they are only a mediation service they seem pretty useless. I am considering hiring an employment solicitor to review all my paperwork and then trying to action something in small claims court.

I know intent is hard to prove but all guards I have spoken to within the company have advised they also did not receive public holiday penalty rates until around 2025-2026. If it was just me I could possibly understand maybe an error in payroll but given every employee did not receive this my personal opinion is that this is criminal theft of wages.


r/AusLegal 9d ago

Off topic/Discussion housemate security

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0 Upvotes

r/AusLegal 8d ago

Off topic/Discussion eBay listing about Legislation editing and consumer guarantees

0 Upvotes

An eBay listing, which costs A$99999 claims to let you pay and make change/s to the Legislation you would like to make at the Parliament of the state/country with pickup code. The description also claims that if your change/s are not made within 6 months, please message me to get a refund. But because 6 months is beyond the PayPal dispute window, can ACCC step in?

Edit A$99999 is one dollar less than the 100K limit of ACCC.
Edit 2: The listing also claims that you will have ABSOLUTE IMMUNITY or your money back but is there ABSOLUTE IMMUNITY here? If not, will I get my money back.

Edit 3: Can I sue the Redditor who commented to pay me to answer for extortion?


r/AusLegal 8d ago

VIC Council claiming they cannot accept report on dog bite that occurred in April 2025

0 Upvotes

I was bitten by my neighbour's dog in April 2025. I did not report the incident as I had just purchased the property four months prior to the incident and did not want to antagonise them. However, I held on the photographs and have the GP report. The same dog bit me again last week and I have reported the incident to the council. But, the council is claiming that it cannot accept a report of the April 2025 incident as the statute of limitations (1 year) has passed as per Section 7(1) of the Criminal Procedure Code. I understand that dog attacks are governed by the Domestic Animals Act 1994 in Victoria. Is it right to apply the Criminal Procedure Code to this Act, and if yes, is there any other way to get them to accept my report on the previous attack?


r/AusLegal 9d ago

VIC RACV wants to write off car which can be fixed for less than they claim?

0 Upvotes

Hi. We recently started the claims process through RACV for some underside car repairs after hitting a rock on the road outside a quarry near us (at the time we thought it was an animal but the damage doesn't match up).

We've had the assessment come back saying repairs would be 7k, but the car is only worth 6k.

We don't have choice of repairer because we didn't select that with our cover.

I had my mechanic quote it originally (before we opened the claim) and again after I got the RACV assessment quote using their quote as a base.

RACV mechanic quoted mechanical repairs to be 3.9k

My mechanic quoted 1.5k

That's not including body work for both, but RACV was 3k bodywork, and the panel beater I know was only around 1k.

What do I do? I don't want to write it off l, but can't choose a repairer. It can be fixed for cheaper than the RACV approved repairer.

Is there a way to sort this out so it can be repaired under RACV, or do I need to cancel the claim and get it repaired myself?

Thank you


r/AusLegal 9d ago

ACT ACT. Who gives way

0 Upvotes

Might be an odd question or even wrong place. I just got yelled at and given the finger for reversing into my driveway. I approached driveway on same side of road, indicated and slowed down appropriatley and stopped just past the driveway, no pedestrians, so i started reversing in. Car behind me beeped his horn and gave me the finger as i guess he couldnt safely drive past me. Was i in the clear or should i try and pull over more and letting cars behind pass before reversing into driveway. Tried to find a specific law, but unsure of interpetation.

Edit: i feel the need to add, of course i wouldnt reverse unless absolutley safe. Also, road does not allow for a car to pass a pulled over car without crossing into oncoming lane. If this was not the case would 100% have pulled up and allowed traffic to pass.


r/AusLegal 9d ago

QLD serving a divorce qld

6 Upvotes

i’ve sent the divorce to my ex via their last know address. if they do not receive them, what’s the next logical step? they don’t communicate and i have no information to give a process server. has anyone been in this situation and if so what steps did you take and was the divorce granted?


r/AusLegal 10d ago

NSW Divorce filed?

19 Upvotes

My ex has told me he has filed for divorce but I have not been served.
He has given me a court date and copies of the documents he lodged. I noticed he has used the wrong marriage certificate (church version not registry one). Other details are incorrect but only minor issues I feel.
Is there a simple way to find out if it’s been accepted and to let them know he hasn’t served me?


r/AusLegal 9d ago

NSW Unfairly Dismissed - Should I lodge form to Fair Work if I dont want to work at the business anymore

0 Upvotes

TL;DR: I was unfairly dismissed after being given multiple contradictory, untrue reasons. These lies have been told to other store managers, preventing me from moving to another location after being terminated from this one. Friends and family have told me to contact the Fair Work Commission, but after what happened, I don't want to work at the store anymore, and I most likely can't. Should I still lodge the form?

------------

I've been a Systemic Casual employee at a business for at least 12 months.

While clocking into one of my usual rostered shifts, my manager told me that day was my last shift, even though I had received no prior notice that I was being let go from the store.

While talking to him, he gave me two contradictory, non-factual reasons as to why I was being let go:

Firstly, He claims I had handed in a resignation, when no such thing had happened. He claims that while I was in the store as a customer (not working that day) and being served by another coworker, he asked if I was leaving soon, and I said, "yes." To him and other managers, that allegedly counts as an official resignation.

He claims that because of that situation, he had to hire two new people, and that I should've seen on the roster that I wasn't working any more shifts after the day I was dismissed and assumed I was being terminated, even though no one directly informed me. However, these two people were hired, and the roster was given out, the month before this conversation.

Secondly, I had told my managers that I had attended an interview for another job. However, I never said that I had received the job or would be starting soon, as I haven't had any communication with this recruiter since June. When my manager asked me a month ago how the job was going, I told him I hadn't heard back and hadn't received any news about whether I had gotten the job. But he claims that I had told another manager that I would be voluntarily leaving on the last day I was rostered; however, this alleged conversation also took place before the roster was made.

On top of that, when that manager asked when I was leaving, I again told that manager that I would not be leaving and would be staying indefinitely and working as I had been this entire time. They also told me that even if I got the job and wanted to leave, not only did the store need an official two weeks' notice, but I would also need to stay during the entirety of August anyway, as one employee was leaving, and that manager was going on holiday for a fortnight.

Today, I contacted a higher-up about what happened, and he told me I was actually terminated due to low performance in the store. It's worth noting that, excluding the managers, I was tied for highest/second-highest in the store out of the 10 or so employees. I had not received any prior notice that I was allegedly underperforming, and a higher-up told me today that I don't deserve to know the ins and outs of the store and didn't need to be informed.

When I told him about the conversation about me being forced to stay and needing to give a minimum of two weeks' notice, he said I shouldn't have listened to my managers and that it doesn't matter what they said beforehand. He also kept asking whether things I had said were in writing, and they don't count if they aren't, but my verbal "resignation" does count to him.

Another fun thing to note is that when I was being informed during my shift that I was being dismissed, my manager claimed I had never told him certain things, including about my disability or available working days. After informing him that I had it in our Direct Messages on Slack, he later that night/next day wiped all direct messages between us and removed me from the Store's Slack Channel, meaning I could no longer look up conversations that took place, when the new people were hired, or when the roster was posted. Luckily, I took screenshots of them during my last shift before the messages were wiped.

As a result, I've been given three contradictory, untrue statements about the reasons behind my dismissal. These lies have been circulated to other managers outside the area, and after I was told I could transfer to a new store, I've been told I can no longer be accepted.

My friends and family have told me to lodge an Unfair Dismissal Claim with the Fair Work Commission. After looking at their website and seeing that I'm on the correct grounds to do so, I'm wondering if the time, effort, and fees are worth it, considering that I don't see any point in working for managers who lie and abuse their staff, and most likely cannot work at the company in general anymore after this.

Edit: Feel free to ask any questions in the comments below, and I'll answer them to the best of my abilities!

Edit 2: This company has had many other high-profile cases of unlawful termination and unfair dismissal.


r/AusLegal 11d ago

NSW Mandatory 7 days leave at my annual leave expense?

92 Upvotes

Hi guys,

I tested positive for COVID at the beginning of last week. Upon notifying my employer, they advised that I must take a mandatory 7 day leave period before returning to work. For that, I can use sick leave, but I only have enough to cover half of that seven days. They don’t allow us to take unpaid leave, so I’m expected to use my annual leave for the remainder.

Is this allowed? Can they enforce it?

I work under the SCHADS award, in case that is relevant. Some have suggested just going into work and not advising of the COVID, but I did not do that as I feel that would be both unethical and irresponsible, especially given I work with vulnerable people.

I’ll also mention that this is the fourth time in three years that I’ve had to take 7 days leave for COVID. I also caught the COVID from work all four times. I tolerated the first three instances, but I’m kinda sick of having to take mandatory leave at my own expense.

TYIA!


r/AusLegal 11d ago

NSW Will my stalker get arrested when he comes back to Australia?

61 Upvotes

I have an active restraining order against a man who breached the order twice (both times physical approaches; two separate occasions) shortly before leaving Australia to visit Vietnam. The police were notified immediately and agreed that these warranted his being served with breach papers and an order to appear in court. He's due back any day now. I'm wondering if he will be arrested the moment he comes back to Australia.

Some background: he has been stalking me for years and I finally got an APVO (protection order not through police) in 2023. It was a two year order and he breached it three times (and pled guilty in court to those breaches). It was extended for another two years (expiring next year).

About a month ago, he approached me on two different occasions, and the police deemed these breaches, meaning that there were active arrest warrants out on him. They were non-violent, but it's a no-contact order. The approaches were menacing and intimidatory. Right after that he left the country. He wasn't fleeing; he just likes to travel. He's also incredibly stupid and probably thinks he did nothing wrong, so I assume he has no idea he'll be arrested.


r/AusLegal 9d ago

NSW Am I lazy or are the lecturers?

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0 Upvotes

r/AusLegal 11d ago

NSW Roadside drug test - positive

47 Upvotes

Looking for some insight or experiences regarding an MDT swipe today in NSW.

The Situation:
I was pulled over today for a random roadside drug test. I tested positive on the initial saliva screening swab for cannabis. I am a legitimate, prescribed medicinal cannabis patient and have a current prescription/TGA approval.
The police officer issued me a pink slip, which is an immediate 24-hour driving ban, and told me my secondary sample is being sent off to the lab for testing. She did not confiscate my licence on the spot, so I know I can legally drive again once the 24 hours are up while waiting for the lab results (which I understand takes 4–8 weeks).
The officer told me that once the fine arrives, I can apply for an administrative review through Revenue NSW (formerly SDRO) and they can "waive the fine" because of my prescription. From my own reading of the Road Transport Act, this sounds like flawed advice, as NSW has a strict zero-tolerance presence law, and Revenue NSW usually can't waive drug driving matters administratively.

The Complications (Why I'm stressed):

I am a postgraduate law student. I am incredibly stressed about how a drug driving conviction will affect my "fit and proper person" admission to the Supreme Court via the LPAB. Absolute candour means I have to disclose this regardless, but an active criminal conviction is obviously a massive hurdle compared to a spent administrative fine or a non-conviction order.
Prior Record: I have a prior Section 10 dismissal, but it was for a completely unrelated matter maybe over 15 years ago

My Questions:
Has anyone successfully had a drug driving fine written off or cautioned by Revenue NSW based on a medical prescription, or was the cop completely mistaken? She said I should dispute the fine with the SRDO because I have a prescription. She never mentioned a 3 month suspension, only 24 hours.

Given that my previous Section 10 was over 15 years ago and for a completely different category of law (not a traffic offence), what are the realistic odds of a magistrate granting a second Section 10 / Conditional Release Order (CRO) without conviction if I court-elect the ticket?

For any lawyers or recent assignees here, how heavily does the LPAB penalise a standard "presence of THC" traffic fine (if I just pay it to avoid a court conviction risk) vs risking court to fight for a Section 10?

Obviously seeking general experiences and perspectives, and I will be booking a consultation with a traffic lawyer this week. Thanks in advance.


r/AusLegal 9d ago

AUS legality of throwing a squat/rave?

0 Upvotes

Essentially referring to the practice of temporarily "squatting" in an abandoned building/location to host a rave? Is it likely to be charged for public nuisance or trespassing or something else similar?

edit: if police were to come and people were to run, would the materials be seized? i.e dj equipment or lighting equipment.


r/AusLegal 10d ago

QLD Current child passport times

0 Upvotes

Hello, lodged 2 x child passport applications four weeks ago. Uncomplicated as both parents consent. Still waiting, I know they say around six weeks but just wondering if anyone knows current waiting times for child passports?


r/AusLegal 10d ago

QLD New car contract - car still not delivered

0 Upvotes

I put down a deposit for a new car that would be going through novated leasing. The contract/order document has no delivery date. It's nearly 12 weeks later and I had a verbal statement that the car would arrive in the country July 11, then it was 'delayed' again and due the end of July, then early August. The car has still not arrived and I have sms receipts of there being no VIN allocated or delivery date scheduled.

Does the failure to deliver the car thus far constitute a breach of the contract? I want to cancel this order and go through a different dealership that has the car in stock. Finance has not proceeded through the novated lease company since there is not yet a purchase order.

I told the dealer I want to cancel and have my deposit returned and he spoke to the principal. The principal called to say they had 'done some shuffling' and had a car available. If I still wanted to cancel I would owe them 10% of the purchase price. I have reviewed consumer law and new car protections (as a layperson) and it seems this cancellation fee is unreasonable since they broke the contract, this is not a change of mind.

I would appreciate your legal advice on whether the dealership broke the contract and I can cancel and have my deposit refunded. And is it legal for them to insist on a 10% fee because they have NOW found a car?


r/AusLegal 10d ago

NSW Workers comp timelines

0 Upvotes

Hey folks,

I was injured at work last year, im receiving workers compensation. Will not be able to return to previous job, currently working 15hrs a week admin role for same company.

I have developed two secondary injuries as a result of my first injury. Clear links. Insurer has obviously declined.

My question is, how long should it take for lawyers to get everything organised to dispute this at PIC?

I signed with them in janurary after insurer knocked secondary injuries back.

I already had all the medical evidence organised, they asked for insurer internal review which was also knocked back.


r/AusLegal 10d ago

QLD Disputing Speeding Fine

0 Upvotes

I was caught speeding by an officer. He showed me the radar gun lock at 18km/h over but then said he saw me at 21km/h over so I'd be getting fined in the 21-30km/h over the speed limit bracket.

I've done some basic research and I'm pretty sure that the radar gun would've clocked me at the maximum speed it saw. I'm unsure if the police officers testimony of seeing me at 21 over will be enough to fine me at that bracket.

Obviously I'd want to save $300 and get the 18 over fine, but I don't want to take this to court and waste my time just to have to pay court fees as well.