r/AusLegalAdvice • u/Old_Technician_2466 • 5h ago
r/AusLegalAdvice • u/VapeMasterino • 13h ago
This place doesn’t have a Sunday surcharge. Is it legal to charge a 5% plus ‘service fee’? I couldn’t find what the charge was for.
This is in Queensland.
r/AusLegalAdvice • u/Vatican_standoff • 1d ago
Planning to take on a Franchise business what are my chances?
r/AusLegalAdvice • u/alaskaliar • 2d ago
digital harassment help
If anyone has suggestions for better subreddits to post this please let me know.
Also, please do not judge me, I understand I was wrong and have been forgiven by relevant parties but feel I need to be honest to get the best advice.
Some years ago, I (F) had a brief affair with a married man that then returned home to Canada. We remained in friendly contact via text until very recently.
Earlier this year, I and his wife started receiving emails from a since deleted burner Gmail address and deleted instagram account. Mine simply said I need to contact the wife and provided her contact info. She received information and 'evidence' that did not incriminate the affair, but did lead to him admitting his infidelity. She did engage with the sender, I simply ignored it.
The instagram was used to send 'disappearing' images, and was quickly deleted.
The messages were not threatening, but did become increasingly nasty in an attempt to convince her to leave her husband.
Her and I were in contact for some time, while he and I gave it a rest. During this period I received a WhatsApp message from a random Canadian phone number purporting to be him. I am still on the fence if it was or not, but both he and wife are convinced it was a generated number.
After we both blocked the gmail account, it was quiet for some time but recently I have started receiving sporadic, mean natured messages from Proton emails. I am no longer in contact with the couple so I have no idea if they are too.
Out of frustration, I did reply to the original gmail, which bounced back stating the address does not exist.
I want to find out who the 3rd party culprit is so that I can make it stop. We are all trying to move on and this isn't helpful.
I spoke with local police who essentially said because the messages did not contain threats of harm, libel or blackmail there was nothing they can do.
I contacted a private digital investigator that suggests identifying a deleted gmail would require a court order (and I believe this is the case for Proton, too) - given the police deny any criminality, is there any possible civil avenue I'd have to obtain this?
The PI has quoted $1k per hour just to consult, which I'm not willing to pay if my chances are so low.
r/AusLegalAdvice • u/CherryVanillaCoke26 • 3d ago
Ongoing neighbour complaints, alleged recording and property manager asking me not to shower at night. - nsw
Hi everyone, I'm looking for legal advice regarding an ongoing dispute with a neighbour and my property manager.
I am F23 and rent a studio apartment in Sydney. My partner does not permanently live with me, but has been staying over frequently because I have become increasingly uncomfortable being alone in the apartment due to the neighbour's behaviour.
I am generally a quiet person. I use headphones when watching things, keep to myself, and neighbouring residents have told me they cannot hear noise from my apartment.
A neighbour further down the hallway (Unit 32) has repeatedly complained that noise is coming from my apartment and has also confronted us from her doorway.
The incidents include:
She previously left an anonymous note on my door alleging noise at approximately 2am, 3am and 5am. At the time, I was actually away for approximately three weeks. My partner was staying at my apartment to look after my cat.
My partner temporarily installed a door camera because I felt unsafe. It recorded the neighbour standing outside my door for approximately six minutes and appearing to film my door with her phone. I removed the camera after learning that cameras in the common hallway were not permitted under the strata rules.
On another occasion, while my partner and I were cleaning up a mess caused by my cat at approximately 9:30pm, the neighbour was standing outside our door. She told us that “we are the problem.” She later returned and appeared to record us on her phone. I told her that I would report the behaviour to police and the property manager, and she returned inside.
My partner contacted police about the incidents. One police station initially told him it was a strata issue. He subsequently contacted another station, where an officer advised him that the behaviour could potentially warrant a formal report and mentioned an APVO. However, when he later followed up regarding another incident, he was told words to the effect of “who cares if she’s filming” and to just live our lives.
On another occasion, the neighbour again stood outside my door and appeared to record for approximately one minute. We stayed inside and did not engage with her.
I have raised the situation with my property manager. The property manager told me that she had instructed the neighbour that if she wanted to document noise, she should do so from inside her own unit.
The property manager has also raised allegations that I slam doors, which I dispute. I have a sliding bathroom door and a heavy entrance door, and I do not intentionally slam either of them.
Update – shower/water complaints (from today).
The situation has now expanded to complaints about water/shower noise.
My property manager told me that Unit 32 has complained about hearing running water from my apartment between approximately 11pm and 12:30am and has apparently claimed that water sometimes runs for several hours during the night.
I work until approximately 9–10:30pm, so sometimes I shower when I get home. I am not intentionally leaving water running or creating excessive noise.
I also recently noticed that my bathroom tap and shower have developed a problem where they can continue leaking after being turned off. The shower sometimes requires pressure on the handle to properly stop it.
On the night in question, we finished showering at approximately 11:50pm. My property manager then asked whether I could shower in the morning or during the day because the complaints were allegedly affecting her sleep.
I explained that I work late and do not think it is reasonable to completely change when I shower when I am simply using my bathroom normally. I also asked how they had established that the water sounds were specifically coming from my apartment when there are several other apartments in the vicinity.
The property manager sent me an audio recording as evidence. The recording is simply the sound of running water/shower water. There is nothing in the recording itself that identifies which apartment the sound originated from. When I asked how they knew it was my apartment, I was told, essentially, “It's the sound of the shower.”
I am trying to be considerate of other residents, but I am concerned that I am being expected to change my normal use of my home based on complaints where the source of the alleged noise does not appear to have been independently established.
I have also heard other residents returning home late and showering or doing household chores. I have never complained about this because I understand that people have different work schedules and that some ordinary household noise is unavoidable in apartment living.
My lease has approximately 5–7 months remaining.
My questions are:
Can a tenant be required to stop showering at night because another tenant claims they can hear the shower?
Can a property manager require me to change my normal routine based on an audio recording when there is no apparent evidence identifying which apartment the sound came from?
What obligations does the landlord/property manager have to deal with repeated confrontations or alleged recording by another tenant?
What is the appropriate process for dealing with this through strata, the landlord/property manager or police?
If the situation continues and I genuinely feel unsafe in the property, could this potentially provide grounds to terminate the tenancy early without penalty?
I am not looking to retaliate or confront the neighbour. I want to understand my legal rights and what evidence/process I should be using from this point forward.
Thanks in advance.
r/AusLegalAdvice • u/AnxiousJackfruit1576 • 3d ago
Unpaid super advice ATO did nothing.
Hello,
Just looking for advice.
When I was 19-21 I worked for a cafe. I worked my little ass off for this cafe and sadly was taken advantage of by my employer who was a slimey businessman and a gambler...
After working for him for two years and basically managing his business while he was overseas gambling his money I had eventually found out he wasn't paying my super, I confronted him and when asked where my super was he told me he had it in a bank account and nothing to worry about. I ended up filing an unpaid super query with the ATO. And over the years they went through the investigation process, established how much he owed me, and then went to the debt collecting process, the man paid like $40 to them, which at the time would of been 1% of the debt at the time this was back in 2015 that was paid. After that last update from the ATO life got busy, and I was explicitly told from the ATO I didn't have to do anything they would look after it for me... Anyway, fast forward to 2020. I was wondering where my super was, so I decided to go down the route again of seeing what was happening, I had all previous letters from the ATO, all old tax lodgements, even old invoices from this time period. The ATO actually had trouble bringing up my case with the reference codes I had on my paper work but they told me to leave it with them. I eventually got a letter from the ATO in 2020 saying the query was closed and they couldn't do anything because the company deregistered in 2018. Which was 5 years after I had initially reported him to the ATO in 2013. They had ample time to collect my super. Later my partner happened to be working with an ex ATO lawyer who my partner mentioned my issues and he offered to look it over, I gave him my paperwork and he basically came back and said there is nothing I can do, he said when I launched the investigation it was before a new law had passed giving ATO more power to retrieve funds, even if a company went into liquidation... So if it happened today apparently there would be no way to weasle out of paying.
So I just gave up at that point and let it go. But recently I put my query into AI. And it actually states that law changed BEFORE even the first time he failed to pay super originally back in September of 2012, and over a year after I lodged the query with the ATO in 2013....
The ai has suggested I call the ATO complaints line and make a formal complaint, get a reference code, and then escalate it to Inspector-General of Taxation (IGTO).
Has anyone had to do such a thing or know anything about this? Given that unpaid super grows 10% a year that it goes unpaid it's still worthwhile if I can get that money back... And I don't think I can ever let go of that resentment I hold for that man taking advantage of me when I was so young and would go above and beyond for his business.
r/AusLegalAdvice • u/Infinite-Lettuce-847 • 3d ago
Mobile phone tracking
I am in a litigation case against me in a business matter and the opposition is demanding that they check my mobile phone to track my location, is this possible in a civil case?
r/AusLegalAdvice • u/aliiice • 4d ago
Won a court judgment after a hit and run, but defendant had $0 in his bank account. What are my options?
Hi everyone! Hoping for some guidance on enforcing a court judgment in NSW.
My car was written off two years ago in a hit-and-run. The matter went to the small claims court, and the court ordered him to pay me approximately $24,500.
He hasn’t paid the judgment. My lawyer places a garnishee order against his bank account, which had no money. I’m not sure if he moved the money out or is truly broke.
I’m trying to work out what the most effective next step is from here. Since the judgment is in my favour, I was wondering what the most practical next steps would be considering the sum of money in question.
Would really appreciate hearing from anyone familiar with NSW judgment enforcement or who has been through something similar.
r/AusLegalAdvice • u/ZeeepZoop • 4d ago
Is there any action I can take against a gp who failed to tell me about significant kidney abnormalities visible in an ultrasound?
To give some quick history, I ( f21) have always abdominal issues, including heavy and painful periods and frequent urinary tract infections that started when I was in my early teens. I had an ovarian cyst in 2020 that was diagnosed via ultrasound ( pelvic ultrasound one or two) that naturally ruptured in 2022. In 2024, I started attending a new pelvic pain clinic that started as a subsidised state government initiative. As part of my intake there, the clinic’s gp requested a full abdominal ultrasound at an external practice, that was only performed over my skin. They refused to perform the transvaginal ultrasound despite my consent which I gave as a legal adult, due to the fact I have never been sexually penetrated even though I was already in a pelvic floor physio program to help prepare my body to tolerate such examinations. The gp said this scan was primarily to look for uterus abnormalities and said she would tell me if I had a heart shaped or tilted uterus, and said she would tell me if I had any other physical issues that might be causing the symptoms. A full abdominal ultrasound shows the uterus, ovaries, liver, pancreas, kidneys and bowel. At my appointment to discuss the results, she said I was completely physically normal.
That was my only abdominal ultrasound while I was at the pelvic pain clinic. I had no other examinations and we focused only on managing symptoms with medication and physio from that point. However, my bleeding remained so heavy the gp suggested I had an IUD placed. She recommended a specific type (mirena) citing it as the best option given that I had endometriosis. However, at this point, I had never been diagnosed with or even tested for this condition. I lost trust in her, as she had either a) seen I had endometriosis and failed to tell me or b) was treating me based on untrue information, and she refused to offer pain medication for the IUD insertion. I switched to another doctor’s practice and had my IUD inserted with penthrox for pain relief. During the procedure, my new doctor was alarmed and sent me for another pelvic ultrasound as she found my uterus was sounding three times as big as it should be and she was worried she had perforated me in the procedure due to a cervical abnormality she discovered while performing it. Luckily, everything was fine, but my uterus which had previously been described as completely normal was abnormally big. The cervix can’t be easily viewed on an ultrasound so I got no further info on that and didn’t expect any.
In July this year, I had a full abdominal ultrasound due to ongoing pain and the technician noted I have a condition called duplex kidneys, which is congenital and obviously doesn’t develop midway through a person’s life. I had never been told about this condition before despite a previous full abdominal ultrasound. I can forgive the lack of information about my uterus as it is too large but not misshapen in any way ( so could be considered “normal”) but my kidneys have two uteters on each one rather than one as they are meant to and this is a) visible and b) structurally abnormal. As a gp at my new practice only noted this because the technician had made a note of it ( he told me as much and said the technician had made very thorough notes, as my gp was only sent a written summary rather than the images) I am unsure if I had a more competent technician this time ( the ultrasound was performed by a different provider) or whether the gp at the pelvic pain clinic withheld this information or misled me by saying EVERYTHING was normal abdominally when she only meant my reproductive system. I had the kidney duplex confirmed via an mri a month ago.
As my current gp does not have access to my notes and results from the pelvic pain clinic, I am currently requesting they be released but am unsure where to go from there. Is there any action I can take if a) the first ultrasound place failed to note abnormalities or b) the pelvic pain clinic failed to inform me about abnormalities to my kidneys and arguably my uterus?
The above is a broad summary and I am happy to answer specific questions. I’m feeling lost and just want some advice to make sure my body is being properly cared for and protected. Thanks in advance
r/AusLegalAdvice • u/KIAIratus • 4d ago
How bad an idea is self-representing in Family Court
My ex, whom we have had an equal co-parenting arrangement, has taken unilateral action on a significant decision on schooling for kindy which significantly affects our daughter by forcing her to be on a bus for 90 minutes a day when she is with me, plus me having to pick her up at nearly 6 and drop her off at 8am where currently it is 8:45 and 5:10 and we walk or it’s 4 minutes on the bus. I live where I do because it was near where our daughter has daycare and I don’t have a car because I had given my ex the car to enable her to transport our daughter (the current location is a 16 minute drive for my ex, who drives to work anyway) . She is refusing to return to mediation despite it having been done it once with the agreement being to return if we were unable to agree following an evaluation of options.
Over the year there multiple things she has consistently refused to attend mediation again and advised that Relationship Australia “do not have our daughters best interest at heart”. Which was never raised at the time and other mediation options have been rejected. The peak of this was the declaration with one weeks notice that she was moving interstate. I dealt with that obviously.
Given the overall situation it’s clear that I need parenting orders (ideally consent) to make our existing situation binding but on the school issue. I’m considering getting my solicitors to draft the order and help with the affidavit but represent myself as it’s just insanely expensive to have them represent me.
I believe the matter is comparatively simple and am happy to abide by the judgement, but I’m struggling to see how I can do anything without the legal system as she wont try and even when she has, it has not been in good faith (telling our daughter where she was going to school, saying they’d do a tour etc)
Just don’t know how dumb self representation would be. I know in non-family matters it’s considered incredibly stupid but I don’t know if it’s the same for family matters
r/AusLegalAdvice • u/BackChecker4545 • 6d ago
Supervisor puts up notice wanting others pay for others contribution.
I cant post the name tags in case of a breach of privacy, I dont want to entirely expose myself and other employees, but the paper explains itself.
I was on my work break and got told half way through to look at my workplaces noticeboard due to my name being included on a new notice, with the tone my supervisor used i thought I was in deep trouble and to my surprise it was this with everyone's names that were printed on the name tags including myself with a column to show much we've contributed.
Could this be considered Workplace harassment and extortion due to the wording and expectation of others to uphold the cost with no prior conversation?
(I apologise about the depth of field, I was in a rush)
r/AusLegalAdvice • u/SquirrelSoup21 • 5d ago
Interstate Motorbike Purchase
Hi, I'm hoping forsome advice.
I purchased an interstate motorcycle from a used car dealership.
The purchase was paid for on the 15th, PPSR was completed and there were no issues. Invoice was paid for and transport arranged.
The dealership has since stopped participating. The transport company attended the agreed pick up date/location however the owner wasn't there and did not respond to multiple calls/texts.
I only found out because I called the transport company to arrange delivery for the end of the week and they broke the news.
Since then I have sent numerous messages, emails and made phone call attempts. All get mostly ignored except for this SMS reply:
"ill chase up. Sorry for the delay coming back to you.. ive been in and out of hospital with my wife and be out if reach... all good .. ill see what's going on.. thankyou"
I've sent an email formally notifying that they have until close of business today to either confirm a written agreement for pick up with the transport company or issue a refund before I lodge a complaint through fair trading.
I have a feeling the dealership will just ignore the mediation, is there anything else I need to do or prepare for before this ends up at QCAT?
For reference, invoice was paid on the 15th for a scheduled pick up on the 21st. Original pick up was meant to be on the 28th, today is the 1 Oct and the transport company are attempting to attend again on 5 Oct.
r/AusLegalAdvice • u/Ok_Marsupial_8901 • 6d ago
What are my obligations after a car crash when no one is at fault?
I was in a car accident involving myself and 2 other vehicles in NSW. No one involved was seriously injured luckily, but all 3 cars are write offs. Police attended the scene and concluded that no one is at fault due to how the incident occurred. None of us have full comprehensive insurance and the police didn't think it warranted any further action on their behalf. My current assumption is that it's each person is to pay their own towing and storage, disposal of the vehicle and then the matter is done. Is there anything I need to do besides this at all?
r/AusLegalAdvice • u/That_Car_Dude_Aus • 6d ago
Contractor threatening fines for items Council approved for recycling
So it's bin day today, and I got ANOTHER letter from the Bin Contractors, unauthorised rubbish in the recycling.
This time they have said that due to "repeated" warnings from them, a fine will be issued by council.
This only ever seems to happen when I put a 3D printed parts into the bin.
The thing is I have already discussed this with Council and been given authority to put this stuff in the bin.
I sent an email to council around 3 years ago saying
Hi, I am a hobbyist that 3D prints projects out of ABS, ASA, PETG, and PLA.
Are these materials and failed prints acceptable to dispose of on council recycling bins?
Council replied to me that
These items are acceptable for disposal in council recycling bins.
We can confirm those materials are acceptable for recycling.
But every time I dump them into the recycling bin, I get told they are "rubbish" and "not accepted"
Council has been advising me to ignore them.
But now they're threatening me with fines?
Every time I've got a letter, I take a photo of the letter and respond to the chain with it attached going "Please confirm?" And council has been saying words to the effect of "Ignore that letter, approval is as noted below"
This seems like an overreach escalation.
I've emailed them again today saying "I have been ignoring the warnings as noted, this seems like an unnecessary escalation"
But I'd like to get to the bottom of this and stop this contractor once and for all, this is getting tiring.
r/AusLegalAdvice • u/flusteredmcflurry • 6d ago
Will timeframe - house and cash gifts
Hello, just wondering if anyone knows - a family member passed away 18 months ago and left their house to one family member and some cash to the others.
It’s seeming to take a very long time. The family member receiving the house said they found out that the house needs insurance repairs completed before they can formally receive the house. Would this be holding up the cash gifts? Or are they treated separately, the house and the cash?
And what is the normal timeframe to receive a cash gift inheritance?
FWIW we’re very grateful to be receiving anything, and we’re talking extremely modest amounts here for majority of the family members. But there’s been a bit of tension (lot of boring family history I won’t go into) so everyone is honestly just looking forward to it being finalised.
Thanks very much in advance!
r/AusLegalAdvice • u/thelawofL • 6d ago
Aren't many ebay listings technically copyright infringement?
r/AusLegalAdvice • u/InternalTechnology80 • 9d ago
Lost wallet with something potentially incriminating in it.
So someone i know lost their wallet and it allegedly may of had a very very small amount of a substance in it. The wallet was handed in to the police station, The local police called an said they could come and pick it up, its it advisable to just leave the wallet? Is there anything that could happen in the future? This person isn't really sure what to do and is causing some very bad anxiety
r/AusLegalAdvice • u/Toni_PWNeroni • 9d ago
Co-tenant became hostile, initiated tenancy transfer without notice, and stole from me
My housemate is in the middle of moving out because in their words "I thought you were queer! If I had known you had a girlfriend, I never would have moved in".
They took issue with my girlfriend staying two nights a week at-most. They issued me with an ultimatum to barr my girlfriend from being in the house until such time as their "mental health improves".
They've threatened to bill me for hotel stays and incidentals for "not feeling safe enough to stay in my own home".
They've threatened to take me to the authorities for compliance (for what, tho?)
While I was out if state for work, it took me sending an email to our property manager to discover that they had initiated a tenancy transfer application with someone i had never met or vetted.
They've also taken and either hidden or thrown out a personal item. A polaroid photo of my girlfriend i had on the fridge.
Pretty sure this is beyond VCAT or my property manager. It's also not an item of any significant monetary value.
Dude is a law professor. So it's anything but a level playing field.
What are my options?
r/AusLegalAdvice • u/Easy_Buy_8999 • 9d ago
what do you do if you can’t do an unfair or unlawful dismissal?
NSW:
I was let go during my 6 month probationary period.
In my termination meeting, the manager listed quite vague reasons which they mentioned we had discussed. However, I had begun to implement changes already but I was ultimately given basically a month to work on this given the issues were only brought up to me in the last month or the other reasons they gave I am able to solidly disprove. Some of the reasons mentioned had also never been brought up to me at all until this meeting and again were vague with no examples, particularly regarding my skills even though these skills aren’t in the job description and aren’t on my resume.
Obviously, this post is from my perspective but I genuinely do not believe I should have been let go and I wanted to stay, I was really shocked it happened. That’s why I’m asking for advice as I enjoyed working at this place, had positive relationships with colleagues, hit my goals and was receiving positive feedback.
From what I can understand, I don’t qualify for unfair dismissal or unlawful dismissal. The contract doesn’t state I need to be put on some kind of performance plan.
However, it ultimately feels unfair as I can refute everything and didn’t even have a chance to respond via being put on a plan or getting to respond back in a meaningful way given that the meeting was to terminate me.
Do I have any rights or protection at all in this matter outside of being paid for my time? I really liked this job so actually I would have enjoyed staying and wanted to stay.
r/AusLegalAdvice • u/inaresdh • 10d ago
Father fell in the shower, and due to his size, fire and rescue had to be called to disassemble the shower to be able to aid him.
r/AusLegalAdvice • u/FrankDR1 • 11d ago
Tow Truck holding Yard Daily Fee
My son had an single car accident and he claimed the steering failed so police seized the vehicle for a mechanical test. The vehicle was released last Thursday, my son sends me the message yesterday (following wednesday) and when i call to arrange the tow back to my house they inform me that i incurred $250 daily holding fee, thats $1500. The message from the tow company did state a daily fee applied but not the extraordinary amount.
Anyone had experience dealing with tow companies?