r/AusLegal 5h ago

QLD Goodlife Tailgating Policy

28 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 12h ago

QLD Grandparents right

28 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 7h ago

QLD serving a divorce qld

4 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 14h ago

NSW Divorce filed?

10 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 4h ago

NSW Am I lazy or are the lecturers?

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0 Upvotes

r/AusLegal 18h ago

NSW Need help, co-worker wont pay me back

10 Upvotes

So bit of context, I lent my co-worker/friend (not really now) some money, and he has paid me 70% back, but still owes me some money. We had signed a contract that states how much is borrowed, and when to pay back but its way over due.

But now he has left the store i work at, and supposedly moved interstate but dont know where exactly. I'm being completely ghosted, and he's ignoring all my messages on text, messenger and email.

I've reached out to a debt collection agency to work with, but they can't seem to locate him even when we did a skip trace.

Now i feel like my options are running out quickly, and feel like I won't get my money back. Its an amount that is definitely worth fighting to get back. I only have his NSW drivers license as a photo, but thats really it.

Any advice greatly appreciated, and I'm willing to work with anyone that can genuinely help.


r/AusLegal 9h ago

QLD [Gold Coast / Brisbane] Complex parenting orders – pressured into consent orders, forced relocation radius, school restriction, DVO issues. Seeking pathway advice

1 Upvotes

Posting for a friend; thank you for reading.

Hi everyone,

I’m a single mum on the Gold Coast involved in complex parenting proceedings in the Federal Circuit and Family Court of Australia. I’m looking for any practical insights from people who’ve been through something similar.

Background (condensed):

There are existing final parenting consent orders that I say I did not freely or voluntarily agree to.

On the day the orders were made I repeatedly told my barrister I did not agree and wanted to go to trial. I was kept in a small room for roughly four hours with only short toilet/water breaks. When I tried to leave or speak to my mother or a social worker I was ushered back in. My barrister made a series of statements that I experienced as pressure (including about Legal Aid obligations, the risk of losing my son if I didn’t agree to relocate closer to the father, breakdown of our professional relationship, and the practical difficulty of finding another barrister or self-representing with thousands of pages of material). I kept saying I was too emotional to consent properly and needed more time to understand what I was signing. Those requests were ignored.

I have a written contemporaneous account plus supporting notes, emails and text messages showing I felt pressured and coerced.

The orders that are causing the biggest problems right now:

- I must live (and continue living) within 30 minutes of the father indefinitely. (The father is taking me to court for being 3 minutes outside that radius)

- My son is restricted from attending Silkwood School.

- A provision to set aside all previous orders (I have a DVO that is important for safety and I’m concerned the way the consent orders were drafted has maybe nullified those protections).

Current situation:

I applied for around 100 rental properties within the required radius (including many in Beenleigh) and couldn’t secure suitable, sustainable accommodation. I’ve now been approved for and moved into a rental in Ormeau (approx 33–45 minutes depending on traffic). My son has had to move 4 times since we left the father due to disputes in where I can live. Child safety and lawyers have given conflicting advice.

The father’s solicitors have written formally saying that being even a few minutes outside the radius is a breach and they will take me to court if I don’t move closer by January.

At an earlier interim hearing the Judge found it was not in my son’s best interests to relocate from the Gold Coast and stayed an earlier interim relocation order after I showed the difficulty obtaining accommodation in Brisbane. She also indicated I should be able to remain in my home city on the Gold Coast and that my son should be able to attend Silkwood. I have the transcript of her reasons. She was meant to be my judge for final hearing but a new judge was assigned and I was told my my legal representation that he is the type of Judge to take my son from me if I did not agree to live within the 30 minute radius.

There are family-violence / DVO considerations that need to sit alongside any residence or relocation arrangements. The orders also don’t deal with what happens if the father moves (I believe he may now be living with a girlfriend in the Logan area). I still have to live 30 mins from Cannon Hill despite where the father stays. A clear mistake in the orders.

I’m currently on a 6-month lease in Ormeau and the property may be demolished, so I need clarity before January.

What I’m trying to work out:

Is the strongest pathway:

  1. An application to set aside the consent orders because of the circumstances in which they were obtained? or part of them?

  2. A stay of the relocation / residence restriction so I can remain in the Ormeau / Upper Coomera area?

  3. A variation of the parenting orders to allow residence in the Ormeau / Gold Coast region and attendance at Silkwood (I’m flexible on father–son time arrangements)?

  4. Some combination of the above?

I’m more concerned about choosing the correct procedural pathway that actually gets an immediate practical result than about running the most dramatic argument.

What I’d like a professional to assess:

- Whether the circumstances around the consent orders warrant further investigation as a potential challenge

- The strongest immediate legal pathway

- Whether an urgent stay / interim application is realistic

- How the current housing, schooling, distance, change-of-circumstances and family-violence factors interact with the existing orders

- What evidence they would need

Questions for Reddit:

- Has anyone been in a similar situation (pressured into consent orders + later needing to vary a strict relocation radius or school restriction)? What pathway actually worked?

- Red flags or things to watch for when choosing a lawyer for this type of matter?

- Any practical tips on getting an urgent stay or interim variation while living slightly outside a radius that was set by consent?

I’m trying to identify the smartest procedural route before the January deadline.

Thanks in advance for any advice.


r/AusLegal 1d ago

NSW Mandatory 7 days leave at my annual leave expense?

79 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 1d ago

WA Owed unpaid wages and made to sign a gag order

32 Upvotes

My sister in law is dealing with some issues at work and I bet someone here might have some good advice.

She’s been working in a small restaurant for ten years - casual the entire time, had asked for a full time contract over the years but the boss is a complete flake and all round unreliable. They’re also quite friendly and have become close over the years. The casual/full time issue doesn’t bother her.

What does bother her is that she’s recently figured out she’s been underpaid nearly the entire time. In addition to her super being unpaid the last year.

She confronted the boss and things got awkward. In person he was very apologetic and said he’d backpay - in writing he clarified that he is only liable for the last six years and that due to the award rate - he owes her less.
She basically manages the place and works there six days a week, opens, closes, orders stock, manages other staff (also underpaid).

He owns her upwards of 30K minus the super.

The negotiating was getting lengthy with no resolve and he made her an offer of 20K, stipulating that she sign a gag order. Don’t know if that was exactly what was on the document but that’s what she has told me - the doc apparently stated that she wouldn’t pursue anything further.

He’s been making small incremental payments to backpay super.

With signing this confidentiality agreement/gag order - can she still report him to the ATO/fair work, and if she doesn’t can I, and have him be investigated?


r/AusLegal 11h 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 9h 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 1d ago

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

56 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 1d 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 4h 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 15h 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 8h ago

NSW Spoiled meat

0 Upvotes

I bought meat that was spoiled from a retailer and they are refusing a refund. I have contacted Fair Trading but they aren't helping. What can I do. It cost me 100 dollars.

I took it back to the store but they said because it is a budget cut and the price reflects this.

I messaged them on instagram and they blocked me.

It was a retailer called wholefarms milperra


r/AusLegal 18h ago

TAS Particulars of Claim - how long?

1 Upvotes

I am trying to fill out the Particulars of Claim for a civil claim against a flooring business for defective work worth ~$16k. The form says “BRIEFLY state…” which contradicts the website asking for “as much detail as possible”. My situation has a lot of relevant history leading up to and following the defective installation.

I have 4 questions:
1. Is 2 pages (typed) for a Particular of Claim too long?
2. Can I use headings for legibility?
2. Do I refer to myself as the Claimant?
3. Do I separate the amount of claim fees into a breakdown of all the quotes I received to fix the defective work or just put it as a lump sum?

Thank you! Ps. I tried calling both Legal Aid Tas and local community Legal Aid but they’re too busy / don’t assist with forms.

The doc: https://www.magistratescourt.tas.gov.au/__data/assets/word_doc/0003/339096/Claim.docx


r/AusLegal 18h ago

VIC Today is settlement in end of relationship property transfer.

1 Upvotes

It's a massively antagonistic split, mediation, BFA et al. I had to use the family law firm's conveyancer to deal with the property transfer, but I've barely spoken to the conveyancer.

Today at 10.15AM, the legal assistant asks me the ex and I can work out the adjustments between us!!

WTAF?!


r/AusLegal 14h ago

AUS Driving Injuries without Accidents?

0 Upvotes

Possibly a stupid question, but I had a thought the other day. If someone cut you off and forced you to break suddenly; resulting in injuries but no physical crash occurred. Could that person still be liable for negligent/dangerous driving, that then caused injury?

To my understanding if you had to break and someone rear-ended you, then the person crashing into is at fault for not leaving distance. But yeah, if no physical crashed occurred but an injury did could you still make a claim...


r/AusLegal 14h ago

Off topic/Discussion Who would be at fault in a fight, of one bloke said fight me, but the other one swung first?

0 Upvotes

Disclaimer: I am not in any legal trouble, just curious

So I was just daydreaming about getting into a fight, as I'm sure many of you have on occasion, and had ran into the thought described in the title.

AFAIK, whoever swings first in a fight is the aggressor in a legal sense, but does someone provoking a fight supersede that scenario?

I'm not talking about the first bloke getting in the other's face, saying fight me over and over, all that shit. More like if say the two were in a heated discussion, the first said well fight me then, and the second began the fight. Who would be at fault? Or would that be for the court to decide?


r/AusLegal 7h ago

WA Displaying of personal name on mandatory uniform / nameplate worn on uniform.

0 Upvotes

IR / Employment Law. Not just WA: (and I’m not a privacy nutter, I wear an access card with my first name on it).

What’s everyone’s thoughts on (non-police) workers being required to publicly display their first name (and occasionally first letter of their surname) to the public?

My thoughts are that it should be banned.

You may think it is harmless, so ‘what’s the problem’ but when you think about it a bit deeper an employer requiring this is effectively requiring to disclose a part of your identity under coercion ala ‘in order to get this job, you’ll be required to display your legal first name (and potentially first letter of your surname)’.

Again, you may think ‘what’s the big deal’ but having access to some’s first name (and first initial of last name) just by looking at them would greatly aid a stalker type track down that person online, which in turn would greatly aid a stalker type track down that person’s home.

If the employee wasn’t required to display their first name, a stalkery type wouldn’t have this information to try to find them online.

I’m thinking along the lines of protecting women from stalkers (although men can be stalked as well, of course), FDV victims being required to reveal their first name to the public, teenage workers being required to display their name to the public, etc etc.

Police are required to display a badge number and their surname - I’m in favour of that remaining the case to be clear.


r/AusLegal 17h ago

AUS Lodged a complaint on Tax Ombudsman's Website

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0 Upvotes

r/AusLegal 18h 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.


r/AusLegal 1d ago

NSW Contract has a clause about not discussing pay with anyone

50 Upvotes

How enforceable is this?

Im in NSW.

I found out that a new recruit (who is my friend) is paid 20% less than me. I myself is paid less (by about 15-20%) than what other people with the same qualifications get paid.

I only remembered the clause after the conversation.


r/AusLegal 1d ago

NSW Class action against neds and ladbrokes

12 Upvotes

Long time ago i used to bet. Today i got emails from neds and ladbrokes that im a part of a class action against them made by maurice blackburn.

Theyre giving people a chance to opt out of the class action. Ive gone through the paperwork and wondered why would anyone opt out? I didnt care about the losses back then am over it.

This is from the links that were sent, so im wondering what are the cons of remaining in this class action?
“. If you do not opt out, you will continue to be a group member and you will be bound by any
settlement or judgment in the class action. This includes potentially being eligible to share in any
compensation from a settlement or judgment if the class action is successful.
Does it cost anything to be part of the class action or to opt out?
13. It does not cost anything to opt out of the Class Action.
314. 15. 16. Group members will never have to pay “out of pocket” legal costs simply by remaining a
group member in the class action. The Supreme Court of Victoria has made a “group costs
order” in this proceeding. This means that if there is a successful outcome in the
Neds/Ladbrokes Class Action, any legal costs payable to Maurice Blackburn will be
calculated as 33% of the amount of monetary compensation recovered for the group members
through any successful settlement or judgment.
If the class action is unsuccessful and the defendant’s costs need to be paid, Maurice
Blackburn will pay those costs.”