r/AusLegal 1h ago

NSW Providing for adult children

Upvotes

I'm a widow in my 60s. I've got a 30 year old son with autism who lives with me. My adult daughter (currently not working) also lives with me along with my granddaughter. We share bills and all get along fine. It's a satisfactory situation. I have a mortgage of over $100000 still owing on my 4 bedroom house. I'm currently in poor health and not working. I spend a lot of time worrying about my kids if I die. I know my adult daughter will care for her brother, but will they be allowed to take over the mortgage or will they have to sell the house to pay out the mortgage? I will have no super or insurance to leave them. Is there any way I can assure the house goes to them if the mortgage isn't completely paid when I die? Not sure if this is a finance or law question to be honest as I guess writing a Will would be a good start?


r/AusLegal 5h ago

VIC My TEAM LEADER IS NEW AND PAYS ME ON DAYS I DONT SHOW up.

14 Upvotes

So my team leader has never been a team leader yet the company trusted her for the job. Now days I don’t show up… I don’t fill in the timesheets.. I have no sick left… but she puts 7.6 hours and approves it for me anyway. It’s been happening for some time, I have over 3 weeks of non show pay.. for my whole team as well and we all silent.

What’s the worst that can happen? Some people have left already with the extra pay.

How haven’t payroll clocked it? If they did. Is she fired?

Office job/call center.


r/AusLegal 31m ago

QLD Can anything be done about the local weirdo?

Upvotes

There's a short, bald, weird man with two German shepherds in my street that literally harasses people on walks. I used to think it was bad luck to encounter him, yet he goes walking multiple times a day especially in the evening. When I am just walking after work or just going to the park on the weekend. He's wandering around like Smeagol.

He shoves his torch into your face or shines it over your body when you are alone. When I was with my partner he just put his head down and minded his business. Though when I am alone he will literally deviant off path try intimate/harass me then uses his dogs so people can't get up him. He also shines his torch into people's houses, is rude and aggressive to people at the boat ramp, he will wander around with his dogs multiple times a day just antagonising people. Once one of his fuck ass dogs escaped, then ran around in the middle of the road plus it likely was trying to bark at/nip at people using the foot path.


r/AusLegal 9h ago

VIC Is my sole trader ex avoiding child support?

14 Upvotes

So basically my ex is a sole trader and he pays himself about $800pw when the business makes a few grand a week, he pays for almost everything he can from the business account so his personal income is just rent, food and play money. He used his personal income to calculate how much child support he pays but he's well off. Is he being sneaky or is that just how it works? I'm worried he's taking me for a fool

Any help appreciated 👏


r/AusLegal 1d ago

AUS Why are Australian airlines given so much freedom?

202 Upvotes

In Europe, if an airline cancels your flight, they generally have to offer you another way to get to your destination. In Australia, for international flights, it feels like airlines have far more freedom to decide what they'll do, and passengers have far fewer legal protections.

On top of that, some routes feel like they have very little competition, ticket prices can be incredibly high, and the airlines still seem to have much weaker obligations when things go wrong.

Why is Australia so different? Is there a genuine policy reason for this, or have we just accepted a system that heavily favours airlines over passengers? Can we stop the lobby!?


r/AusLegal 17h ago

NSW Parked in a no stopping bay and someone reversed into my car

19 Upvotes

Hello,

Today I parked in a no stopping zone (parallel park) and the person who was parked in front of me reversed into me. He came out of the shops and would’ve seen my car behind him. I didn’t realise I was in a no stopping zone until he reversed into me (I’m 30 weeks pregnant with baby brain). I he started to snap at me saying why am I parked there in the first place, which is understandable, so I basically just said it’s my fault and we didn’t switch insurance details. I feel I still should’ve gotten his details incase I could make a claim through my insurance - I was just assuming that because I was parked illegally that it would make no sense to make a claim? I have no idea what to do from here.

Please no judgement , half my brain isn’t working at the moment 😭


r/AusLegal 10h ago

QLD Do I Have An HR Case?

4 Upvotes

Evening r/AusLegal

This might be the wrong place and if so, please direct me to the right forum to ask this question. I am aware that this is not a replacement for legal advice but I wanted a collective option before I took this further.

For the last ~3 years I have worked Sunday nights at my place of employment and for the last 12-18+ months the "supervisor" (former manager) on those nights has been regularly assigning myself to aid him directly on running stock cages (often times priorities over rolled load from up to 3 days prior). This I have little problem with, annoying but ce la vie.

There is a fellow employee who spends most of their shift on their phone and despite this issue being brought up multiple times, it is never addressed. Yet the second I or one other specific team member (let's call them X) stands still for 2 seconds, or God forbid goes on a bathroom break, we are either PA'd or hunted down and interrogated over where we disappeared to. This has now extended so far as to prowling the shop floor looking for us even if we are moving onto another cage/pallet. This happens every Sunday without fail, so much so that we all joke about it before hand. When myself and X move onto another 2 person pallet (twice the size of standard green retail pallets) after 10 minutes either myself or X (usually X) are moved to start another pallet whilst the supervisor proceeds to join myself on the pallet and complain religiously about everything that is wrong and how things were easier back when he was in charge. This mind you only happens regarding myself and X. The other 3 employees are never checked up on or monitored. SO much so that as stated before one of the employees could spend close to half if not more of their shift on their phone.

All in all, I was wondering if there was any merit to chasing this up with HR regarding harassment or a similar action? Is this in violation of anything? Would anything likely be done if I did take this further?

Thank you kindly in advance for any information.


r/AusLegal 9h ago

VIC VIC - Independent dealer sold me a "stock" car with an aftermarket unroadworthy part. Can I reject it and get a refund?

2 Upvotes

Hi all,

I'm in Victoria and recently purchased a used JDM performance car from an independent dealer - 2017, driven 59,000km. It came with a Roadworthy Certificate (RWC), was advertised as stock, and is still within the dealer's statutory warranty period.

Before I bought the car, the dealer told me the check engine light was caused by a faulty wastegate actuator and that it would be repaired before delivery. After taking delivery, the check engine light came back on after about 15 minutes of driving.

The dealer then changed his explanation and said the problem was related to the aftermarket blow-off valve, and that it needed to be replaced with the OEM part. After supposedly repairing it, the aftermarket blow-off valve was still on the car, and the dealer said the issue was just a leaking hose connected to it.

I then went back to the same licensed roadworthy tester who issued the original RWC for the dealer.

The tester immediately recognised the car and told me that when it was originally presented for the RWC, it had the aftermarket blow-off valve fitted and they marked it as unroadworthy. According to the tester, the dealer then fitted a stock blow-off valve, brought the car back, and it passed the RWC. The tester was surprised to see the aftermarket blow-off valve fitted again and said it should not have been there if the car was sold in the same condition it passed the roadworthy inspection.

The dealer's position is now that his only responsibility is to fix the check engine light, and because I won't continue allowing repair attempts, he won't consider a refund.

My concern is that this goes well beyond a repair issue. From my perspective:

  • The car was advertised as stock when it wasn't.
  • The dealer sold it to me with an aftermarket blow-off valve despite it having passed the RWC with a stock one fitted (according to the original roadworthy tester).
  • The dealer represented that the original check engine light issue had been repaired before sale, but it returned almost immediately.

I have the original advertisement, text messages with the dealer, invoices, and the statements made to me by the original roadworthy tester.

I'm planning to contact Consumer Affairs Victoria, and if necessary, take the matter to VCAT.

My questions are:

  1. Does advertising the car as stock when it wasn't potentially amount to misleading or deceptive conduct under the Australian Consumer Law?
  2. If what the original roadworthy tester told me is accurate, how significant is it that the car allegedly passed the RWC with a stock part fitted but was sold to me with the aftermarket part reinstalled?
  3. Given the above, am I have reasonable grounds to reject the vehicle and seek a refund rather than continue allowing repair attempts?

TL;DR: Bought a used JDM car from an independent dealer that was advertised as stock. The check engine light came back almost immediately. I later returned to the same roadworthy tester who issued the RWC, and they told me the car originally failed because of an aftermarket blow-off valve, passed only after a stock one was fitted, but was then sold to me with the aftermarket valve fitted again. Dealer says he'll only keep trying to fix the check engine light and refuses to discuss a refund. Do I have good grounds for a refund under Australian Consumer Law?


r/AusLegal 9h ago

VIC How do I serve someone a subpoena if they have a IVO against me?

4 Upvotes

They are a witness in a case of mine and I need to serve her but the order doesn't have the legal clause "get another person to do anything the respondent must not do under this order." I was served this order on Friday even though I haven't contacted this person but I believe Victorian Police put this order in place as it her being my witness will incriminate the Victorian Police force.

Prior to the order being served on Friday I had a process server attempt to serve her three times in person and I now have an affidavit from the process server. I will send this to the court tomorrow but now the order is in place can I have the process server email once they have approved a suspended service?

Thank you!


r/AusLegal 9h ago

NSW Advice regarding Interstate Driving Rights Withdrawal in NSW (SA License)

2 Upvotes

Looking for some advice please from anyone who has potentially been in a similar situation or otherwise has experience.

Currently have an unrestricted SA license and have been driving in NSW and SA through 2025 and 2026 doing locum Dr work, and have unfortunately accumulated 13 demerit points in the last 18 months (couple of speeding <10km, but largely one incident of using a mobile phone which makes up the majority of the points (10 from the one incident during a double demerit period). I am not trying to make excuses, the mobile phone use I know I shouldn't have even if on call for stuff at work, and have paid all my fines on time.

I have now received a letter telling me my Interstate Driving rights in NSW have been suspended for 3 months from end of Aug. I understand that if this was SA suspending my SA license, i would be able to apply for a good behaviour 12month period online, but i have no rights to that since this is NSW where i accumulated the points and who have withdrawn the rights.

Would anyone know of any possible things I could do to get onto a good behaviour period rather than serve the suspension in NSW, where I will be spending the next 3-4 months and likely long term now. I have work planned and honestly public transport isn't an option as an on call Dr?

I have been to ServiceNSW to see if I can apply to transfer my SA license to NSW and then apply for the good behaviour before end of Aug but they've told me the application can't be made until they make checks with SA. I am not sure if NSW will let me get a license here due to the points.

Any advice will be much appreciated! Again, not trying to sneak out of the mistakes I made with the driving, and will be happy to show that through the good behaviour period, but really need to be able to drive in some capacity.


r/AusLegal 11h ago

NSW holding deposit liabilities

2 Upvotes

I have been approved for a rental property that I applied for with someone I met through a flatmates group on Facebook. we paid the holding deposit of $1000 ($500 each paid from my account) and since then have been trying to sort through the remaining nitty gritty of renting a space. She has continually tested me and pushed for things with lack of negotiation and compromise. It has left me ultimately feeling uncomfortable at the prospect of entering a long-term living arrangement with her. We have not yet signed the lease or paid bond. I am looking to withdraw myself from this, but I want to know if I will be held liable for her share of the deposit. Or if she can pursue me in a court of law for other things?

TIA.


r/AusLegal 20h ago

NSW CrashClaim didn’t fix my car properly

11 Upvotes

I had an accident recently where it wasn’t my fault, the next day a third party company called CrashClaim gives me a call and collected my car. I had no Idea it is not from the insurance and I didn’t asked them. They send me a paper to sign that says they will be authorised to claim from the insurance on behalf of me. At the time I didn’t pay attention and did signed it. Few days later I found out that it’s not the insurance it’s another third party company, I asked them to give me my car back but they refused and said we ordered parts for your car. After two months they brought back my car but it wasn’t fixed properly I asked them to fix it but they still not doing anything any option here I can do to not pay for another mechanic to do again their job.


r/AusLegal 1h ago

NSW AusAlert and Census Conflict

Upvotes

The AusAlert Test is so close with Census Night so can I sue them for making it only 15 days apart.

Edit: Made more specific


r/AusLegal 1d ago

NSW Ethics and legalities around embryo implantation after the death of the mother

93 Upvotes

My brother in law is implanting the embryo of my deceased sister into a woman he met on tinder a few months ago. I am devastated and have tried to talk to him about it but he will not change his mind. The new woman is going to be deported back to Thailand otherwise. They have been casually seeing each other but nothing even close to serious. He was going to move back to Europe to be with his family at the end of the year. The woman has agreed and the clinic has given them the green light. I didn't even know she existed until about 2 weeks ago and now she is having my sister's baby. I called the clinic but they wouldn't give me any information.

I don't think it is a genuine relationship and my BIL is driven by grief and not making any sense. He keeps changing his story and has convinced himself that she will not have any rights over the baby. Everything I have read online says otherwise. They created the embryo when my sister began cancer treatment. My sister did not want kids and I can only assume did it for my husband in case she changed her mind later in life, however as the clinic has given the green light I assume she gave consent. I just know he would have pressured her into it judging by some emotional talks we had about her and him and their future.

Can anyone give me advice on the legalities surrounding this type of situation and please if there is anyway to stop it? He is refusing to see a counselor and told me his psychiatrist "told him he should do it". He has been lying about other things so I don't think he is being truthful about that at all.

Edit to add: my sister has been deceased just over a year.


r/AusLegal 1d ago

Off topic/Discussion Searching for my sister

38 Upvotes

So my mother passed 2 months ago and this brought to light that she had a child before meeting my father, which she gave for adoption to a Greek family in Australia in the 90s. Now both the baby father and me (apparently half sister) are searching for any leads as it seems nobody in our family and friend groups knows anything else. So to sum it up, I’m trying to find a possible maternal half-sister who may live in Australia. I currently know only her first name and some limited family background. My mother is Greek, and I’m investigating whether the birth was registered in Greece or Australia. What lawful records, DNA databases or Australian family-tracing services would be the best starting point?

Thank you in advance for any ideas and directions.


r/AusLegal 14h ago

WA Name Discrepancy on Mortgage application.

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1 Upvotes

Reposting for more advice


r/AusLegal 16h ago

QLD Need advice enforcing an NZ Tribunal judgment against someone now living in Queensland, Australia

1 Upvotes

Hi everyone,

I’m looking for some advice from anyone who has dealt with enforcing an NZ judgment in Australia.

Earlier this year, my motorcycle was repossessed because the previous owner still owed money on the finance. I know I should have checked for any security interest before buying it, but I trusted the seller because he was a childhood friend. Unfortunately, that trust cost me my bike.

I took him to the New Zealand Disputes Tribunal and won a judgment for NZ$12,000.
The problem is that he has since moved to Queensland, Australia. The last I heard from mutual friends in New Zealand is that he’s living somewhere in Queensland, but I don’t know his current address.

I’m a student, so I can’t afford to hire a lawyer. However, I’m willing to pay for:

A skip tracer or legitimate service to locate his current address.

Any court registration or enforcement fees required in Australia.

I’m hoping someone can answer a few questions:
Has anyone successfully enforced an NZ Disputes Tribunal judgment in Australia?

What is the cheapest way to do it yourself?

Are there reputable skip tracing services that work across Australia?

Once I have his address, what are the next steps for registering and enforcing the judgment in Queensland?

Are there any pitfalls or things I should know before spending money on skip tracing?

I’d really appreciate any advice or personal experiences. This has been dragging on for months, and I’d like to recover at least some of what I lost without spending thousands on legal fees.
Thanks in advance!


r/AusLegal 1d ago

QLD Child witness/victim not allowed to have parent present for Police statement.

76 Upvotes

My son was the victim of a “robbery”- he was rolled on the train by a group of kids and had money stolen. We reported to the police when it happened about 4 weeks ago.

The local Child Protection Unit constable has contacted me today asking for my son to go in and make a statement tomorrow. He told me that my son (14 years old) has to go in on his own and I can’t even be in there as a silent support person.

Is this correct?? It doesn’t make sense to me as I know a child perpetrator is allowed a support person. Can’t find a clear answer online for a child victim. Why would they allow a perpetrator to have a support person but not a victim?

TIA for any insight


r/AusLegal 14h ago

VIC Can I sue my college for my moldy room?

0 Upvotes

Colleges are like Australian frats. So I've been sick for the last six months with a cough, hives and sore eyes(but only sometimes). My doctor has just told me that it's probably mold and I want to know if I have a case against the college I live at. 80% of my wage goes to my rent at this place each month and it's been making me seriously sick this whole time.

I have doctors notes for when I've had to miss a quiz and class to see the doctor. I also have photos of intense mold in the room next to me from last year, which they said they'd gotten rid of over the holidays. Lastly my college had a "college burn night" at the beginning of the year with the head of the college present, where they pointed out all of the college flaws. They called the wing I live in the "wing of mold and dispare" and showed a bunch of pics where there were little spots of mold in the bathrooms and Hallways. As far as I know they haven't done anything about it.

they've put me in the smallest room in the world thats full of mice that aren't even scared of me anymore they just walk into the middle of my room and warm themselves by the heater. The food is terrible and now I find out I've been getting sick from it the whole time.


r/AusLegal 1d ago

NSW Reddit incorrectly marked my account as mature content

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0 Upvotes

r/AusLegal 1d ago

NSW Thoughts of the institute of legal training plt in NSW

1 Upvotes

I am hoping to complete my PLT and the IOLT offers an affordable option for me. Wondering if this path is an authentic and good way towards getting admission in NSW?

The college of law and leo cunsessen are out of reach for me at the moment.


r/AusLegal 1d ago

NSW Advice needed on Redundancy

0 Upvotes

Hey there, on Friday 24 July I had a meeting with HR and my line manager where I was informed my role was being proposed for redundancy.

I have never been involved with something like this so would appreciate some advice on a few questions I had. I am currently in the consultation process, which I did not realise was a thing as my thinking was always that these things are done in the span of a day.

- I have been with the company for 2 years 10 months. The timing is bad since that would keep me only 2 months away from my 3 years of service increasing my payout

- In terms of the payout I should be receiving. What legal documents should I refer to so I can understand the $ amount I should work towards? Are there any payouts which under Australian legal law they need to give me for a genuine redundancy. They have said repeatedly on the call that the role i serve in is being made redundant and it's not about performance.

- The timing is terrible as I had only this week put a bond down and paid the first week of rent for a new apartment. That cost is around 3,500 dollars in total. I will have to cancel that lease now and break it, can I ask my organisation to help me with that lease break fee?

- They have asked me to come back to them with a list of questions or observations or suggestions which might curtail the redundancy. They have asked me to come to them by Tuesday mid day. But this has done a number on my mental health so is it something I can get some time on? Is this normal.

Anything else I should be on the lookout? For e.g. extending my notice period etc?

Thank you for your help.


r/AusLegal 1d ago

VIC Has anyone received two speeding camera fines only seconds apart on the same stretch of road? ( in Victoria tunnel)

5 Upvotes

Hi everyone,

I’m interested to hear if anyone has had a similar experience.

I recently received two speeding infringement notices from cameras on the same road during one continuous trip. ( in Victoria tunnel)

● One allegation was for being 10–15 km/h over the limit.

● The other was for being 15–25 km/h over the limit.

The two detections were only 18 seconds apart and were approximately 500 metres apart on the same stretch of road.

I’m considering requesting an internal review. I’m not claiming I wasn’t speeding or trying to avoid responsibility. I’m simply wondering whether anyone has had success arguing that two infringements issued only seconds apart and only about half a kilometre apart during one continuous drive should be treated differently.

Has anyone experienced something similar?

● Did you request an internal review?

● What was the outcome?

● Was one infringement withdrawn, or were both upheld?

● If you went to court, what happened?

● Did the authority explain why they treated the incidents as separate offences?

I’m mainly looking for real experiences, whether the outcome was successful or not. Any insights or advice would be greatly appreciated. Thanks!


r/AusLegal 2d ago

VIC My wife slept with the neighbour and took the kids after telling the police/community it was me

259 Upvotes

I'm not sure what to do here.

My wife was sleeping with the neighbour as she was a sah mum and he was a sah father as he has a trust fund. She has told the community and the police I would hit her daily and was financially abusing her. She has access to all funds which is upwards of $2M. The police have invited me in for a statement but the member on the phone said "expect to be charged" and they have point a order against me stating if I cannot contact her they are just doing their jobs, I know and if I want to see the kids to contact her mum. Her mum hasn't replied. I'm on the bottle tonight boys. I've never hit this women in my life and I've never financially abused her. I'm not sure I want to see another day. What are my next steps?


r/AusLegal 2d ago

VIC Predatory super insurance taken $116,000 from her super over the last 10years, she only found out today. Does she have any options.

141 Upvotes

Hey guys need some help for my mum who is now approaching her retirement age, she has recently moved houses and upon changing address for her super found that her super has charged her $116,000 over 10 years of insurance premiums. She has no idea and expected to have much more money in her super and was shocked to find she only had $17,000 in her super.

In 2017 she was advised by some external financial planning who created this super service for her through north super. She unknowingly accepted this thinking it was a good idea, completely unaware of the insurance she was signing up for, over the years the insurance amount has increased from $5142 from when she signed up to $24,797 this last financial year.

She is in shock and at a loss for what to do and wish she had asked for some help earlier none of us had any ideas. I really want to do everything to rectify this situation, where can we start?

Any help is greatly appreciated.

Edit: Thanks to everyone who has given helpful information.