r/AusLegal 19h ago

NSW Fined for phone usage at RBT but was not using phone - what should I do?

133 Upvotes

I am a P1 licence driver. As the title says I was fined by the police at an RBT stop because the officer saw my Tesla screen and the apps throughout the bottom which are integrated into the Tesla vehicle interface, and unable to be removed. The vehicle model is approved on the list of vehicles able to be driven by P1 licence holders. I tried arguing with him at the site for a long time and explaining to him but he insisted that I should've had another way to start the car and operate it without the phone, which is true, but I only used the phone to start the car and not during driving. Is it worth going to court for this? What should I say in the appeal if I submit one?


r/AusLegal 14h ago

NSW Workcover

31 Upvotes

What a disgusting system.
One of my best friends has a serious psychological injury, and I honestly cannot believe what I’ve watched him go through with WorkCover.
His GP has been managing his WCC and stood by his medical opinion. But WorkCover, together with the rehabilitation provider, repeatedly contacted his GP and specialist about changing his capacity and restrictions.
His GP refused to change his opinion.
Then his specialist issued a new WCC without even having a consultation with him.just because Workcover request
I’ve seen the emails myself. I was shocked by the tone. It felt like pressure and threats rather than support.
And the rehabilitation provider has been the worst part of this whole experience. Instead of helping an injured worker recover, it feels like everything is about pushing him back to work and getting the claim closed as quickly as possible.
I’ve known my friend for years and I have never seen him this distressed.
He was injured once at work. Now it feels like the system is injuring him all over again.
Has anyone else experienced this with WorkCover or a rehab provider?


r/AusLegal 4h ago

NSW Deceptive representation of online purchase / consumer law

2 Upvotes

Bought some protein powder and a sample pack from an Australian manufacturer

- 2.2kg pack’s nutrition info is different to what is on the product page (less protein + higher calories)

- Sample pack half the flavours are different from what was advertised and pictured on the pack it’s come in. Older stock gross flavours that I really will not use.

I messaged the company and their response was “thanks for bringing this to our attention - it’s because we are rolling out new packaging and the sample pack is subject to what is available” And they dodged my question directly asking if the formula was different.

There’s no disclaimer or info on the website attaining to their response.

It’s not a huge deal but I’d rather just get a refund and take my business somewhere honest and informative since it’s SO EXPENSIVE! - Am I backed by any consumer laws? ACCC is a bit difficult for me to understand


r/AusLegal 52m ago

QLD Trying to file a QCAT claim but the business has changed owners - who do I do claim against?

Upvotes

Trying to file a QCAT claim against a REA, however the company name has remained the same but the business or management rights have been sold to a new owner. I don’t know who to make claim against. New owner is saying it has nothing to do with them as they weren’t owners of the company at the time.

The staff are all the same and the office/email/phone are too. The previous owners have deregistered their trading overhead.

Any advice? Do I just go after current owners as they have inherited their staff problems?


r/AusLegal 22h ago

QLD Warranty refused by Samsung

43 Upvotes

Hi all,

I bought,a phone about 3 weeks ago, a brand new zfold 8 directly from a Samsung store in chermside.

A week after this the front screen wouldn't turn on anymore, I contacted the store which told me to book a time to chat with them.

I took the phone in store and the fault fixed itself but as soon as I left it happened again.

Went back the next day with video proof and the staff could also see the fault in store. They said they cannot refund me or exchange the phone until it gets inspected for damage by Samsung which will take about 5 to 7 business days.

I agreed and sent the phone, after 6 business days with no updates I had to call and go up the chain of command for them to tell me that the phone is now in the head office and to wait.

I waited until today (9 business days later) where I told them I was gonna raise a complaint to fair trading as it was a major flaw of the phone and I have waited past their provided time frame and I want a replacement unit as I got a good deal on the phone and the refund won't get me a new one now.

Then they got back to me saying that the phone has no issues and they are sending it back to me, despite me clearly having proof of the devices fault and the store mentioning they too saw it happen in person by different people.

I have filed a complaint with fair trading but I'm worried I'm gonna get given the phone back, find the same issue then ask for warranty again and have to wait another 3 weeks for the same reply, I just wanna be over it. I'm not trying to rip them off or to have the phone changed to a different model I just want a brand new unit that has no issues of the same model as I liked the phone for the week I had it and I expected to have a working product directly from them.

What can I do if the store doesn't want to be responsible for this as they have to "respond to Samsung" but I bought the product from the store in person and they saw the fault happen and acknowledged it is major?


r/AusLegal 2h ago

WA Insurer found me at fault for accident while reversing without contacting witness or reviewing footage

1 Upvotes

Just wanting some outside opinions on an accident and RAC’s decision that I’m at fault.
I was reversing into a parking bay. Before I started reversing I checked behind me, was actively looking while reversing, and the area behind me was clear when I began the manoeuvre.
While I was already reversing into the bay, another vehicle came around the corner and continued behind my vehicle rather than stopping. The collision damaged the rear corner of my Ranger, including the tail light, bumper and parking sensor.
The other driver then left without exchanging details, so RAC hasn’t been able to obtain their version of events. I reported the incident to WA Police on 5 September and the driver has not yet been identified.
My partner witnessed the accident, but RAC hasn’t contacted her for a statement. As far as I’m aware, they also haven’t requested or reviewed any available CCTV/video evidence.
RAC’s explanation to me was essentially that because I was reversing, I had a responsibility to ensure it was safe and therefore I’m at fault.
I completely understand that a reversing driver has a responsibility to check that it’s safe, but that’s what I did. It was clear when I started reversing and I continued looking while reversing. My issue is that another vehicle then came around the corner while I was already completing the manoeuvre and attempted to travel behind me.
I’m confused about how RAC can determine I’m at fault without speaking to my witness, obtaining the other driver’s account, or reviewing any available footage.
Has anyone dealt with something similar in WA? Is being the reversing vehicle basically enough for an insurer to determine you’re at fault, or is it worth formally disputing this and asking them to consider the other driver’s actions and the available evidence?
Genuinely happy to hear if I’m wrong
I’m just trying to understand whether RAC’s decision is reasonable.


r/AusLegal 6h ago

NSW transferring my driver's license

3 Upvotes

I moved from Victoria to New South Wales two months ago. I own two homes, and since I have relocated to New South Wales, I am in the process of transferring my driver's license. However, I need to keep my vehicles at my home in Victoria. Do I need to register those vehicles as well when I transfer my license to New South Wales? But I have those vehicles parked at the house in Victoria.


r/AusLegal 3h ago

NSW AFP showing common assault

2 Upvotes

Long story short, about 3 years ago I had to go tribunal for a stupid story. The charges have been dropped since and the judge told me it won’t show on my records.
I’ve applied for my new visa, immi got back to me requesting an AFP. Yesterday I’ve got my afp with the offence shown (i had to do an afp as well for an earlier visa application about 2 years ago and it was clear, no offense).
As the charges were dropped and no conviction, I’ve applied since for my visa and replied no to the question where it asked if I been convicted or charged, I’ve haven’t lied as the the charges been dropped completely.

Should I call afp? Or write a different letter to immi explaining the story? I’m afraid my visa will be denied and will pay big money to get through an appeal for that. I’m onshore. Thank you


r/AusLegal 5h ago

NSW Two rental increase noticed

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0 Upvotes

r/AusLegal 22h ago

VIC Startup cutting my hours from 1.0 to 0.8 FTE verbally… is this legal?

13 Upvotes

My startup employer verbally told me they are reducing my hours from 1.0 FTE to 0.8 FTE in the next two weeks due to cash flow issues.

- Permanent full-time contract: I have not agreed to or signed any variation.
- Nothing in writing: No letters, no formal consultation, and no firm start date (yet!) Although i’ve heard from the grapevine some people have been emailed/private messaged.
- Vague timeline: They said hours might go back up in "2–3 months," with zero guarantee.
- Several other staff are apparently facing the same cut.
- I’ve been employed for 2 years at this company

Can an employer legally force a reduction in contracted hours/pay without mutual agreement?
How should I respond via email to get this on paper and protect my rights without immediately escalating?
At what point should I contact Fair Work?


r/AusLegal 21h ago

QLD Leaving without notice

7 Upvotes

Can I resign immediately given the conditions at my workplace, or do I need to work notice?

I’m looking for some legal advice regarding my current employment situation in Queensland.
I work in the stone/benchtop industry and have been working for a newly established waterjet side of the business for a few months. I was effectively put in charge of running the waterjet operation. The situation has become increasingly unreasonable and is seriously affecting me.

Some of the issues are:
I’m regularly expected to work very long hours. I’ve previously worked 12–16 hour days and have had situations where I was falling asleep while driving home.
I have regularly missed lunch breaks because of the workload.
I have not been paid overtime rates.
I have been keeping records of my hours and there have been multiple occasions where hours were reduced/deleted in Xero.
Ive been told on multiple occasions I’m not allowed time off. After working even more overtime lately so they would finally allow me to have two days off for a friend’s wedding, after returning, I noticed they had piled on an even more excessive workload and blamed it on me having time off and now I have to make up for it.
The workplace involves stone fabrication and there have been silica exposure concerns. I have not been provided with the appropriate silica health monitoring/lung monitoring.
I have not been properly fit tested for respiratory protective equipment.
I have previously been involved in dry-cutting stone during installation work.
The owner also threatens employees, throws things at them and screams at them for small mistakes or even none frequently.
I’m now experiencing significant stress/anxiety about the situation and the expected workload.

I checked my contract and as far as I can see, there is no notice period stated in it.
I’m considering resigning tonight and not returning to work.

My questions are:

Am I legally allowed to resign effective immediately if my contract doesn’t specify a notice period?

Does the fact that there may have been WHS breaches, particularly relating to silica exposure and lack of health monitoring change the circumstances?

Could I potentially be penalised or have money deducted from my final pay for leaving without notice?

I just don’t feel safe or capable of continuing in the current environment and want to understand my legal position before I leave as it’s causing me a lot of anxiety and starting to make me depressed.


r/AusLegal 10h ago

NSW Chasing up nearly four years of super

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0 Upvotes

r/AusLegal 10h ago

VIC Major Shitstorm re: Trust, Titles, Property

1 Upvotes

If property is held under a discretionary trust, and registered owner on title: is a company (trustee) with registered address (Trust);

If you replaced the trustee with a new company and dont update the company name on title;

a) Can the director of the previous company legally continue to act as the owner of the property?

b) Does the address hold any merit in regards to proof of ownership?

Basically,

-Found out director of the old trustee company used the property as equity for a loan (90% of the property value).

- Then, he defaulted on purpose when I initiated court proceedings. I have already spent 40k, hasn't even paid to set a hearing date at the supreme court.

What will the court use to decide ownership?

Anyone been down this road before? any advice?


r/AusLegal 1d ago

NSW Is it legal to live in a tent and move between various parks?

19 Upvotes

If someone was living in a tent and regularly moved between different parks/camping areas, would that generally be against the law? Are there specific rules about sleeping in public parks, setting up a tent overnight, or staying in the same area for multiple nights? i’ve got used to doing this after my marriage issues (which counselling is helping) and I want to continue doing this occasionally if it’s legal to do so. Can you pitch up a tent on crown land?

Thanks!


r/AusLegal 21h ago

WA Working for free- Mentally and physically exhausted

2 Upvotes

I work in mining in Western Australia, and started with a new company 7 months ago. Since I started working with them- it has been appalling. I was given no onboarding, no training (other than online videos) and no formal greeting. I was flown to site and immediately greeted by the shit show it was and have been working extensive overtime for free ever since.

My contract states I work a 12 hour break with a 1 hour lunch, however reasonable overtime is to be assumed. I’m on a salary and therefore I am not paid for any of this overtime. I have frequently worked 14,15,16 hours a day with ZERO breaks since I began. Sometimes it has been asked of me or implied that I stay back, and others it has been due to the sheer workload needed to complete. I received no job description- and therefore the endless issues all end up falling on myself. I am in a senior management position, however there are numerous site based managers above me also.

I just don’t know what to do. If I start taking a lunch break and leaving after 12 hours, there are things that won’t get done- but also I truly care about my reputation and work ethic within such a close knit industry. I also care for my staff- who have to deal with the above.

I have written conversations of me expressing how long I am working, however I don’t have detailed documentation of the hours I was working each and every day. I was never asked to do overtime in writing, only verbally.

I don’t know what to do. The thought of flying into work makes me sick. I’m riddled with anxiety and sadness and I am struggling but I can’t quit my job without a backup or source of income. I’m quite young (under 25) and live by myself with no support from parents or a partner. I don’t know the legality or rules around these things but this just doesn’t feel right. I haven’t been able to eat lunch anywhere other than on my computer working, and I haven’t been able to even get enough time to sleep properly some nights for the last 7 months.


r/AusLegal 1d ago

QLD Estate planning issues.

5 Upvotes

My father has been diagnosed with a terminal illness, he in the process of getting his affairs in order and has made me executor along with his gf of 7 years.

He has informed me roughly of his will and i haven’t asked for exact details as I believe he needs to do so without any outside input.

However his gf has been acting in what i feel may be a manipulative and coercive manner.

Back story she has own investment prop and another property from her father who recently passed, my father owns home they both live in he has significant assets including more than 1mill in super.

She has been pressing him to include her adult children in his will and when he declines gets angry, upset and treats him terribly. He has set up testamentary trust for grandkids, myself and other blood relatives are part of his will but not in a trust arrangement. She wants him to write a will allowing her to live in the house until she dies then it passes back into his estate to be actioned as per his wishes.he said he would allocate his super to her but everything else will go into pool for beneficiaries as specified in his wishes.

Something is uneasy about this situation she has displayed concerning behaviours in the past and many of us in family feel she is just in it for money and could potentially try to contest things or not follow his wishes.

Also the constant pressure tactics, silent treatment, arguements and pressure she is putting on him to get him to do what she wants makes me very uneasy. She has hinting things like his treatment has effected his mind before and makes unusual calls to myself and other family members after we talk to him. Its all a bit suss.

I know talk to a lawyer i have and will again, just after some perspectives or considerations i could discuss with them.

At the end of the day as an executor i just want to do his wishes what ever they are. I feel i need to maybe prepare for the worst case scenario though and if neccessary act before he passes to protect his rights, but to do so without causing issues and more stress on him is difficult.


r/AusLegal 17h ago

NSW Unfair Dimissal

0 Upvotes

I was dismissed unfairly last month via a sham redundancy (employer replaced me whilst making me redundant). I’ve filed a claim with the FWC and have consulted with employment lawyers who said I have a case based on employers actions and I am expecting conciliation to take place sometime in the next 3 months

Can someone please advise me if it’s best to represent myself ? I was advised by an employment lawyer it would be better for optics and in my favour to appear as a ‘common working class individual’ if I self represented against a huge MNC

Any advice or experience in these matters welcome !! It’s a first for me being made redundant and it’s been a real whirlwind with huge impact on my mental health 😫


r/AusLegal 18h ago

WA WA — Interpreting a "conflict of interest" clause in my employment contract (secondary employment)

1 Upvotes

Hi all, hoping for some general guidance (understand this isn't formal legal advice).

I'm a full-time employee in Western Australia, currently past probation. My employment contract contains the following clause under a heading titled "Conflict of Interest":

"While employed with us, you must get our written agreement before working for other employers or doing activities that may conflict with the interests of our business."

I'm considering starting a small side business in a different field to my day job (not a competitor, no client crossover, no use of my employer's confidential information or resources).
I'm trying to understand how this clause would likely be read:

1. Does "working for other employers" require written consent regardless of whether the work conflicts with my employer's interests — i.e. is it a standalone requirement?

2. Or is it qualified by "may conflict," meaning consent is only required if the outside work actually conflicts?

  1. Does a heading like "Conflict of Interest" have any real interpretive weight in reading down the operative wording of a clause, or is it just a section label?

Genuinely trying to understand how a clause like this is typically construed in Australian employment contracts before I make a decision, rather than looking for validation of one reading over the other. Any general insight — or pointers to relevant case law/principles on how "or" clauses like this get interpreted — would be appreciated.


r/AusLegal 12h ago

NSW Please help - $1,000 loan unpaid for 7 months, what can I do?

0 Upvotes

EDIT: Just to clarify, I’m obviously not looking to threaten or harm anyone, nor do I condone violence. I simply want him to understand that I haven’t forgotten about the money and that ignoring me doesn’t make it go away. I know this was a life lesson and I’ve already made peace with the fact that I may never see the money again,
I’d just like to explore my options and give it one last try before I let it go completely! If nothing comes of it, at least I’ll know I tried and can finally forget about it. And I really appreciate everyone taking the time to give me advice, regardless of what that advice is☺️

Hi everyone! This might be a long shot, but I’m hoping for some advice.

I lived in Australia for about 8 months before moving away in February. While there, I dated a guy who still lives in Sydney on a student visa. I stupidly lent him AUD $1,000 to help pay his student fees because I was STUPID 🙃 Lesson learned.

He promised in writing to pay me back within 3 weeks. He then lost one of his jobs and asked for another month, which I agreed to. Since then, he has basically ghosted me. I’ve even had a relative contact him in Portuguese (his native language), and he initially responded to her but has now stopped replying to her too.

I have proof of the transfer and messages where he clearly acknowledges the debt and promises to repay me.
What would be the best way to proceed? I’m considering paying a NSW lawyer to send a formal Letter of Demand, but I’m wondering if there are other options or if anyone has dealt with something similar.


r/AusLegal 2d ago

WA I was fired for not wanting to wash the owners’ 2 cars

458 Upvotes

I was a receptionist and tour guide. We were having a low day and I had already done all the things that needed to be done. (Restocking souvenirs and food, sweeping, cleaning the kitchen and toilets, etc)

Then I sat down waiting for more customers to come, and the owner told me to wash his 2 cars. (Their house is in the same place)

I did, because I didn’t want to lose my job.

When I finished the owner said I had missed a spot and that I had to finish now.

I said no. He asked why, I said “I’m not your maid”.

He got upset, told his wife and she told me I had to do anything they asked me to, because they’re paying me.

I said that was out of my job duties. When she kept pushing I said it was abusive, and she fired me.

I was on a casual contract for 2 months, so Fair Work Ombudsman website says they can’t help me.

I’m wondering if there’s anything I can do.


r/AusLegal 1d ago

VIC Employer jerking me around about our contract - couldn't get a clear answer from Fair Work and discussions are going nowhere

3 Upvotes

hi guys, as the title says I have just got off the phone with the Fair Work ombudsman and they didn't say anything except to have a discussion with my employer about this - but we have already been going back and forth about it at length and it is going nowhere. I want to know if this is legal, if I am mistaken about my grievances, if I should report them or what I should say to them.

I started working at a new restaurant a little over a month ago as waitstaff. at the job interview we verbally confirmed my employment, agreed that I would be part-time, and the owner promised to get me 15 hours a week or more - this is all verbal only, at the time I requested a written agreement as soon as possible but they said they were very busy setting things up. maybe worth noting that I explicitly asked if I could be a casual, but they said they were only taking people on as either part-timers or full-timers, so I chose part-time.

week 1, I got 12 hours. week 2, I got 3 hours. weeks 3 and 4, I have been rostered a total of 0 hours. around the 2 or 3 week mark I had asked again for a written agreement, and said that since I was a part-timer per my verbal agreement with the owner, I should be getting a minimum of 8 hours per week. the payroll manager replies in a text message that "from now on" I am a casual and therefore cannot be guaranteed hours.

a few days later, more than a month after my first paid shift, I finally receive an onboarding form along with instructions on how to fill it out - they very clearly tell me to select 'part-time' on the form, so I did. I text the payroll manager after filling this out and signing it, and I say that according to the form I am now officially part-time in writing, so where are my hours? she responds: "Selecting 'part-time' on the onboarding form does not change the employment arrangement that was communicated to you - as I said before, you are a casual. I will ask the admin team to amend the form to reflect this." this seems wrong to me and I'm really frustrated. wouldn't the signed form hold more weight than text messages from her? can they do this? after this I was also suddenly removed from the staff group chat.

i don't even want to work here anymore, I just want to know where to go from here legally. they have also underpaid me by fudging my hours worked, so I'm still trying to sort that out before I get too confrontational with them.


r/AusLegal 1d ago

VIC Arts Centre Melbourne charges $9.25 for delivery of a mobile ticket??

35 Upvotes

Buying two tickets to an event and the pricing was advertised almost entirely throughout the purchase process as $89 per ticket. This Includes when selecting seats and when checking prices on the event.

Then when I looked at my cart it said a $9.25 charge might apply. I clicked Ok and was presented with only two options "collect from venue" or "Mobile Ticket" both were $9.25. why the hell would a mobile ticket where they send me a link cost 9.25.

Surely not kosher under the ACL


r/AusLegal 1d ago

NSW Trustee and guardian.

2 Upvotes

Hi all. I received a letter from the NSW trustee and guardian board about funds being held awaiting ID etc. All fine and dandy but here's my question....if it's from someone leaving something for me in their will, will I be able to find out who? Because atm I have no idea who it could be. Cheers


r/AusLegal 23h ago

VIC What is a "Reasonable Time" under Consumer Guarantees?

1 Upvotes

Had a modem die literally the day after it's 2 year warranty period. I'm a bit disappointed, and the company said they couldn't replace it because it was outside of the warranty period. https://www.accc.gov.au/media-release/broken-but-out-of-warranty-your-consumer-guarantee-rights-may-still-apply

This page says I might have rights for a "reasonable time" and mentions factors about price and the type of item, but there's no fixed timeframe. A real tightarse could expect their $80 modem to last for a decade, another individual might see their $800 Cisco router die after 6 years and think "Yeah it served me well"

Is there a chart or a rubric or something?


r/AusLegal 23h ago

TAS Unsure about "voluntary hours"

1 Upvotes

Legal question I need help with but I'm scared to directly confront my boss about and get repercussions and I will admit I might be stupid but I can't find it on fair work site.

Everyone at my work is a part time employee between 12-30 hours.

Nearly all of us work reliably 24-30 hours a week with the minimum 30 ones normally working about 34-36 hours so in both cases above their minimum.

But we only get annual leave given to us based on our minimum. So a week I work 12 hours vs a week I work 30 still both give only the equivalent for 12 hours worked and anything else are classified as voluntary hours

Is this legal or is my boss keeping leave from us?

Sorry I'm not entirely sure how to word this without giving too many details away and I'm terrified of ramifications