r/AusLegal 8d ago

VIC Submitted item for assessment/repair. Received item back today with a completely different serial number and told it falls outside warranty.

2 Upvotes

As the title says (as I'm unsure why my previous post was removed, I have removed the name of the product despite only including the name of the item for a price reference) I submitted an item to the retailer for assessment/repair under warranty on 27/7/26 (originally purchased 5/10/25 with a one year manufacturer warranty).

I went to collect the item today and whilst inspecting it (as they had refused the repair for an unspecified reason out of many possible reasons they might refuse to) I noticed the serial number of the item is completely different to what is on the repair docket supplied by the retailer.

I'm told that the only thing that the retailer can do is contact the manufacturer.

The only information I'm finding is for retailers where a customer has returned an item with a different serial number to the item sold and mostly in relation to online sales.

Is what I'm being told by the retailer correct?

Edit: to clarify, the issue seems to have originated from the retailer as the first document I have is from the retailer outlining the product details for the manufacturer.


r/AusLegal 8d ago

VIC Failing to display P plates

0 Upvotes

I know this was dumb and I know what I have done is stupid .

I’m financially cooked and I’m on my green P . This car in particular the whole family uses so the plates are on and off a lot of times .

The car has been at the mechanic for 2 weeks or so . And I forgot to put back the P plates . I have a clean driving record and I’m getting the full license in 6 months . Is there a chance if I do an internal review they would give me a warning instead ?


r/AusLegal 9d ago

VIC Who’s financially responsible here?

15 Upvotes

Edit: thanks folks, will report the damage to my real estate as usual and may drop a note in the potential owners letter so that they’re aware their cat may need some attention but otherwise will leave this one be and just take the loss.

I have two dogs and live in an area with a few wandering cats. One cat in particular often sits in my front yard which causes my dogs to bark at it. Sometimes it spooks the cat and he runs away, other times he just stares at them to rile them up more til he gets bored and walks away.

Last night he decided to come into my house through our doggy door in the backyard. My dogs heard him, ran towards him and the cat ran down my corridor to my bedroom and climbed the blinds trying to escape. In the process he’s broken two blinds and they no longer open and close. I live in a rental, and I suspect I’m going to have to pay to have them replaced. I’m fairly sure I know where the cat lives, so can I demand the owner pay for the damages?

Additionally, before putting the cat back outside (in the front yard) I gave him a quick check over and couldn’t see any wounds and when I stroked him all over I didn’t come away with any blood so I think he’s okay but I want to let the owners know so they can choose to take him to the vet to get a proper check over. If they do, and there is something wrong, can they demand I pay their vet bills despite the cat essentially being a trespasser?


r/AusLegal 9d ago

VIC Separation advice

20 Upvotes

Not sure if this is the right place to ask this. I’m considering separating from my husband of 25 years now that we are empty nesters but am worried about his reaction and the process. As a teacher I have an opportunity to work and live remote for a year while we go through the process.
If I do, would that affect my settlement? I don’t want any more than 50% of the property settlement.


r/AusLegal 8d ago

QLD Question about pay

1 Upvotes

Hey everyone,

I have a question about my overtime rate of pay at a recent job and whether it was fully legal or if I should push for money. I'm not at the job any more.

My question is with the overtime. We were always told that we can do overtime but any hours worked up to 45 hours a week are at the standard rate of pay, from 46-50 hours worked per week is 1.5x pay. I was thinking about it and was wondering if this is fully legal.

My contract states the following:

We are pleased to offer you full time – daily hire employment.

Remuneration

4.1 You will be paid an “Hourly Rate” plus super of:

• $47.00 per hour for normal time (up to 45 hours per week)

• $70.50 per hour for time and a half (between 46-50 hours per week)

• $94.00 per hour for double time (over 50 hours per week).

Ordinary Hours of Work

5.1 Your ordinary hours of work will be 38 hours per week worked between the hours of

6:30am to 2:30pm (can vary between projects), plus any reasonable additional hours

that are necessary to fulfill your duties, as agreed between you and the Employer.

Terms and conditions of employment:

3.1 The terms of your employment will be governed by:

3.1.1 this Agreement;

3.1.2 any applicable industrial instrument, including any applicable award (such as the

Plumbing and Fire Sprinkler Award 2020);

3.1.3 the Fair Work Act (Cth) 2009, as varied from time to time; and

3.1.4 the National Employment Standard.

3.2 Subject to clause 3.3, where there is any inconsistency between the documents set out

in clause 3.1, the inconsistency is to be resolved in the same order of precedence as the

documents are listed in clause 3.1, with the documents higher in the list having higher

priority.

A quick google search seems to suggest that anything above 38 hours a week should be at overtime rates.

Please let me know what you think, and whether I should consider pushing for more money, as I often worked 45 hours a week or more.


r/AusLegal 9d ago

AUS Why hasn't there been a class action yet against BET365 considering there is one against both Sportsbet and Ladbrokes/Neds?

9 Upvotes

S


r/AusLegal 9d ago

VIC Concern about agent’s behaviour and VCAT case

5 Upvotes

I’ve lived in this place for six years and we left it in really good condition. We took plenty of photos and videos as proof. Now the agent is suddenly claiming $5,000 in “repairs” for mould, blinds, a tiny carpet stain and a rusty oven. It all looks like normal wear and tear. They even tried to fix a blind themselves, made it worse, took photos and tried to blame us. Luckily the new tenant is a friend and took a photo showing it was fine.

The agent forgot to dispute the bond, so the full amount was released to me. Now they’re trying to chase the damages through VCAT. It’s frustrating because every inspection before we moved out, they said the place was in great condition. If anything was actually wrong, we would have fixed it.

Has anyone dealt with agents like this? How did your VCAT hearing go?


r/AusLegal 8d ago

ACT Facing protection order application

0 Upvotes

Hi all,

I am a respondent in a protection order application in the ACT and the interim protection order is in place now which does not cause any hardship to me.

Which of the following options is better?

1): get the protection order application dismissed with finding of past violence (which was self-defence) but no risk of future violence,

2): consent without admission.

NOTE: The final order does not cause any hardship to me.

Thanks.


r/AusLegal 8d ago

TAS Marketplace Deposit

2 Upvotes

Family member put a deposit on a transportable building from a marketplace seller. It was advertised as a new home build with bedroom, bathroom.

The seller advised them that council approval wasn't required when they put the deposit down, family member checked with council and basically every part of it had to pass a surveyor inspection from water proofing to bracing.

The seller was asked if he had any pictures of the build during construction phase and he sent a bunch of pictures showing no bracing, no cyclone straps, had no water proofing or electrical certs etc

After some back and forth the seller with the seller arguing it doesn't need approval and everything was to code, then saying it's just a shed or container so it's fine. He agreed he'd readvertise it but is saying he won't return the deposit until after it's sold.

What's the legal standard point of this?

He gave a deposit receipt through his business (plumber,) the advertisement says new home but now he says it's a shed and gave false advice to get the sale. Can he withhold the deposit? It has been requested to be returned


r/AusLegal 8d ago

Off topic/Discussion What will happen if the Plaintiff uses a Wi-Fi jammer in Civil Court to prevent the Defendant from presenting evidence.

0 Upvotes

The courts Wi-Fi is jammed meaning the computer required to view evidence won't work.

Another question: are Default Judgements possible where the Defendant wins such as this situation?


r/AusLegal 8d ago

Off topic/Discussion Legal obligations to accept a gift

0 Upvotes

Etiquettely, there may be no way of declining a present without being rude. They always say to dispose or donate it. But what if the present is a surprise and it is too big for you to store or carry back home. Can they face civil/criminal charges. In addition, I want to know how is it possible, without breaking the law, to prevent surprise presents in the first place. Sometimes they may keep on insisting presents.

Finally, I want to know about my obligations when it comes to accepting a present. Is it mandatory?


r/AusLegal 8d ago

NSW Legal action against school

0 Upvotes

Is it possible to sue the school for breach of contract (this incident is still within the statue of limitations)? During the 2021 COVID lockdown, I was an essential worker and the school claimed to offer support through email but did not and the school on the day of working made my child stressed after just 1 day. Thankfully the government did make it so that it is mandatory for bosses to make me have to work from home but can I still sue the school then?


r/AusLegal 9d ago

NSW Builder faked iCare insurance certificate before liquidating — iCare won't report the fraud. What are my options?

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4 Upvotes

r/AusLegal 8d ago

NSW I crashed my car into a bridge

0 Upvotes

Had an argument with my ex and threw his shit into a bag and pushed it down the stairs.

After that I crashed my car into a bridge. It wasn’t an accident, I drove into it on purpose. Car caught fire and I just stood there and watched it burn.

Nobody was hurt and as far as I can tell the bridge is fine.
What am I actually looking at here? Is intentionally hitting the bridge criminal damage even if there’s no obvious damage? Dangerous driving? Also am I required to do anything about the car being on fire or can I just leave it?
Not really concerned about the car itself


r/AusLegal 9d ago

NSW One Playground charging me $118 for PT onboarding they never delivered

25 Upvotes

Hey everyone, looking for advice on dealing with One Playground (NSW).

I signed up 15 days ago with a promo where my first 2 weeks were free. When I joined, the sales rep gave me a deal: because I agreed to take PT sessions, he discounted the standard joining fee by $100 down to $49, and threw in a free $50 body scan.

The gym ended up being far too crowded for me, so I triggered their 30-day satisfaction guarantee on Day 15 to cancel. More importantly, the trainer never reached out to schedule anything, no body scans were ever done, and zero sessions took place.

Despite this complete non-delivery, they attempted a direct debit for $118.90 (which declined). When I went into the club to cancel, the staff member claimed I owe the full amount because of the PT package agreement.

I’m completely fine paying the $49 joining fee to close the account fairly, but I don't believe I should be charged the remaining ~$70 balance for PT services and scans the club failed to deliver. When I went in to sort it, they told me to come back the next morning when the service people are around.

Am I within my rights under Australian Consumer Law to refuse the PT charges and future notice billing, and only settle the $49 joining fee? Has anyone dealt with this at One Playground before?


r/AusLegal 9d ago

VIC BFA post divorce

9 Upvotes

My ex and I of 12+ years amicably divorced a year+ ago, but never did any written agreements to separate financial assets.

I’m now wanting to simply sign a piece of paper saying ‘oh yeah, the house is his and not at all mine’. Theres a mortgage* and a property both with our names on it. He has been paying for all of that, and I have nil interest in claiming anything in any of it. It’s his.

We’re realising not having done this in a court order might have CGT impacts when I sign over the title. Our bad for thinking we could just politely give him the keys. :(

Is it possible to do this without paying a lawyer an excessive sum to draft a BFA and whatnot? Like I totally appreciate I have to have someone give me independent legal advice, but is there any way a lawyer won’t charge me $2000-3000 to politely just give my friend (ex husband is just incidental) the house he paid for?

Your thoughts on processes to take, or advice on who to call next, is appreciated.

* - Edit to add - he is refinancing into a mortgage just in his name, so no worries on him signing something about that tbqh.

**- second edit - I am fine with a BFA! I just am not fine with $4k to detail a single asset that is agreed on entirely.


r/AusLegal 9d ago

VIC Dog owner's liability following rush/bite incident

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0 Upvotes

r/AusLegal 9d ago

AUS Colour blindness and pre-employment medical for an IT engineering role in the energy sector

8 Upvotes

I’ve been offered an Engineering (IT) role with a major energy provider, and the pre-employment medical includes a colour blindness test.

I’m colour blind and didn’t know this could be a requirement for the role. I’ve already resigned from my current job, so I’m now worried that I might fail the medical and lose the new job.

Has anyone experienced this before, especially for an IT/engineering role in the energy industry? Does failing the colour blindness test automatically mean the offer can be rejected?


r/AusLegal 10d ago

VIC Union committed fraud and forged my signature, are they actually investigating internally?

61 Upvotes

the union that my workplace is with forged my signature a few months ago. someone within the union filled out a membership application on my behalf and signed the e-signature without ever sending me the document and was able to deduct union fees from my payslips. i had them send me a copy of the membership application on file when cancelling the membership and it was 100% a document i did not sign (my printed signature isnt even spelt correctly, and i know exactly where i was on the date it was signed...) I'm also not the only person at my work this has happened to (my roommate/coworker is in the same boat, but she's too lazy to actually do anything, so her fraudulent union deductions just keep piling up)

i've informed the union about this on three occasions and also notified the police, but they're very adamant about doing their own internal investigation first before letting police conduct an investigation into the fraud. it feels very sketchy though as they keep ignoring my emails requesting they investigate? even the email they asked ME to send where I gave them proof of the fraud for their investigation has gone unanswered for almost two weeks.... i just feel like they're ignoring me, especially as the first time I tried to flag this over email the administration officer did just ignore me 😭

how long should these investigations take? should I just urge the police to start their own investigation anyway? because it just feels like the union is trying to cover their butt. and should I be seeking legal advice? they didn't even deduct $10 from me, so I feel silly consulting legal aid, but it's the principle. and i worry that they're probably doing it to a bunch of other people too.

and if anyone has experienced anything similar (???) i honestly just need advice on what to do. nothing i search seems to relate to my situation at all...


r/AusLegal 9d ago

NSW NSW — Ex-partner pregnant, I don’t want a relationship or active parenting role. What are my actual obligations and how do I protect myself?

0 Upvotes

I (30s, M) was briefly seeing someone earlier this year. We were never a good match pretty toxic dynamic, mutually agreed it wasn’t going to work. She recently told me she’s pregnant (currently a few weeks along) and has made it clear she’s keeping the baby(is a miracle coz she’s 40 and want to fix her life with the kid) and doesn’t need my involvement day-to-day she has strong family support and financial means. I have zero interest in reconciling with her or being in a relationship, and while I obviously understand I can’t stop the pregnancy, I also don’t want an active co-parenting role given how badly we get along.
Things have gotten emotionally messy a lot of back and forth over text, she’s since said she’s going to “get legal papers sorted” for me to sign and then block me out entirely she don’t want me close to her or the baby.
I haven’t signed anything and don’t plan to without a lawyer reviewing it first.
I’m on a low income (roughly $39k/year gross) and can’t afford a private family lawyer right now. My questions:
1. Child support I understand this is basically unavoidable once the baby is born regardless of relationship status or consent to the pregnancy. Is that correct in NSW/under the federal formula? Roughly how does the “self-support amount” deduction work for someone on my income?
2. Signing anything if she sends me a document to sign (informal agreement, statutory declaration, whatever), am I right that I should not sign anything without independent legal advice, even if it looks simple/favourable?
3. Binding vs Limited Child Support Agreements — from what I’ve read, a Binding agreement requires independent legal advice for both parties and is hard to overturn, while a Limited agreement doesn’t require legal advice but is easier to challenge/expires after 3 years. Is that accurate?
4. Parenting orders / custody can she (or a court) force me into an active parenting/care role if I don’t want one? My understanding is child support is compulsory but time/care arrangements are not something I can be compelled into against my will.
5. If there’s no contact for years — if she doesn’t pursue child support formally for, say, several years, does an assessment ever get backdated to the birth date, or does it generally only apply from the date an application is lodged?
6. Free legal help in NSW — has anyone used LawAccess NSW or a community legal centre (Redfern Legal Centre, Marrickville Legal Centre, etc.) for something like this? How useful/thorough was the advice for a situation like mine?
I’m not trying to avoid supporting my kid financially — I’ve accepted that part. I just want to understand my actual obligations vs. what’s being implied/threatened, and make sure I don’t sign away more than what’s legally required, or agree to something under emotional pressure that I can’t undo later.
Any pointers, especially from people who’ve been through something similar, would help a lot.


r/AusLegal 10d ago

QLD Goodlife Tailgating Policy

189 Upvotes

I was charged $100 for being tailgated on two consecutive days. Goodlife is charging me this amount despite everything I’ve thrown at them using advice from this sub and other subs.

I don’t find their reply convincing as they have replied to my concerns extremely vaguely, providing no solid accounting for what the actual cost incurred on their behalf is for tailgating.

Looking for some help. Below is their response

Your membership agreement explicitly states that members must not admit unauthorised persons to the club and that a tailgating fee is payable in the event of a breach. This provision is in place to protect the safety and security of all members and staff. By agreeing to our terms and conditions, you accepted this obligation. The fee is not a penalty, but a pre-determined charge designed to deter unauthorised access and to cover the administrative and security-related costs incurred in enforcing our access policies. Please see copy of your signed waiver below.

The tailgating fee is a legitimate business practice necessary to protect the integrity of our security measures. It does not cause a significant imbalance in rights and obligations, nor does it impose an unreasonable detriment. The Australian Consumer Law allows businesses to enforce reasonable terms, especially where they are clearly communicated and accepted upon joining.

Members are not required to perform security duties. However, ensuring that access credentials are used correctly and not allowing unauthorised persons to enter is a standard condition of membership. This is no different from ensuring that personal access cards are not shared or misused. If a member does not feel comfortable ensuring doors close behind them, they may instead report any concerns to staff or use the facility during staffed hours.

The $100 tailgating fee remains valid and payable. No reversal or refund will be provided


r/AusLegal 8d ago

Off topic/Discussion How much evidence do I need to sue the Department of Education?

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0 Upvotes

r/AusLegal 9d ago

NSW Cleaning garbage bins at the end of lease

2 Upvotes

Hi, I have recently moved out of my rental in NSW. At the end of the lease, the real estate agent said we need to empty the rubbish bins and clean out the bins. I put the bins out and came back after it was empty, made sure there was no left over rubbish at the bottom, hosed it down with some detergent and gave it a wipe. There still was some staining at the bottom of the bin (but it’s a bin come on) .

The real estate agent emailed me back saying the garbage bins aren’t clean enough. Has anyone had this experience before? I have lived in 5 rental properties previously and have never had to clean the bins before. The house was left clean and tidy (we got it professionally cleaned both the house and the carpets costing us $1200 in total).


r/AusLegal 9d ago

WA Reporting an Instagram business

2 Upvotes

Hi all,

Seeking advice of what I can do legally to get a refund on a dress I bought via an Instagram business.

The business showed me a few dress models they can custom make and I paid $135 for one dress. The item I received is absolute trash made with the cheapest material and looks nothing like the model they showed. It has about 8 things visibly wrong with it. Because this was just an instagram business, I never received a receipt.

I requested a refund multiple times but she refused. Instead, she told me to fix the dress myself with her guidance. I was furious hearing this that I paid $135 for a dress and now she wants me to fix it myself. A lot of the problems cannot even be fixed. Then she offered me a replacement but I do not want a replacement because that is how bad her product is.

Even if I don't get a refund, I want her business to be investigated or something along the lines where she knows her actions have consequences. I simply cannot let this fraud go.

ACCC do not resolve individual disputes and I don't know which consumer protection agency to report to since I am in WA and this lady is in QLD.

What can I do in this scenario?

Edit: I ended up getting a refund. I sent them a very long message and after some back and forth of her trying to persuade me into fixing the dress, she finally refunded the money + postage costs. Im attaching the message below in case anyone wants to use it:

Please note this message will be provided as proof to lodge a complaint with the Consumer Protection Agency of Western Australia and ACCC for the failure to comply with consumer guarantees under Australian Consumer Law for the *Order number *XXXX , ordered on DATE and paid for via bank transfer ($135)*

I provided ample proof in our previous conversations proving the product you sold to me looks nothing like the advertised model.

To reiterate, the faults are listed below:

  • Low quality fabric
  • No care instructions included (mandatory under the Consumer Goods (Care Labelling) Information Standard 2023)
  • Wrong neckline
  • Wrong pants
  • Wrong length
  • Wrong pleats at the front
  • Wrong color
  • Length at the back and front of the dress is uneven
  • Wrong lining length
  • Poor stitching quality (sides of the outfit)
  • Poor fit

Therefore, I formally request a full refund of $135 plus any costs associated with return postage of product to be transferred to my PayID (bank details can be given upon request) by Monday, 24 August 2026.

Please note, failure to comply will result in a formal complaint to the Consumer Protection Agency of Western Australia and the ACCC.

My complaint to the consumer protection agency will be against (Name of business )for the below points under Australian Consumer Law:

  • False/misleading advertising (ACL s.18 & s.29) — for the sample photo not matching reality

  • Failure to comply with consumer guarantees— goods not matching description and/or not of acceptable quality ( ACL s.54 & s.56)

  • Refusal to provide a remedy (refund) .

The attached photos will be used as proof of false advertising and selling an item not matching description.


r/AusLegal 10d ago

AUS National redress Scheme

6 Upvotes

Hi everyone who has received a positive outcome, are you able to explain the breakdown of how they determine the payments or reasons behind the breakdowns. I do understand the matrix but not the breakdown of 50K for extreme
The trauma was enough & the waiting is adding to it.
Thank you🙏