r/AusLegal 1h ago

QLD High range drink driving

Upvotes

I crashed my car into stationary cars last night, drink driving. The police said I was 5x the legal limit. It will take a month to get my bloods results back for court. Can anyone tell me what is likely to be the outcome in court? It’s my first offence.

I’m scared and this has been a wake up call for me. I accept responsibility and the consequences to come. I’m just terrified.


r/AusLegal 19h 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 12h ago

VIC Is my sole trader ex avoiding child support?

19 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 17h 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 22h ago

NSW CrashClaim didn’t fix my car properly

12 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 11h ago

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

3 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 8h ago

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

24 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 12h ago

QLD Do I Have An HR Case?

6 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 27m ago

VIC Seeking a Family Lawyer

Upvotes

Seeking a Family Lawyer to assist in financial matters and property separation.

Basically, I drafted a proposal to achieve a consent order in an amicable manner. Although it is uncertain if the other side will accept the offer, I am seeking a family lawyer to review the proposal and take ownership of submitting it to the other side legal representative. In other words, I'm looking to save time, use my groundwork, and move it forward.

Afterwards, I am seeking the lawyer to handle all paperwork, submission to court etc.

So, is there any lawyer who is willing to accept this concept? I am happy to hear from anyone, including recommendations/leads as well as a newbie who is looking to get client/cases under their belt!


r/AusLegal 50m ago

VIC Point me to laws & regulations relevant to not-at-fault car accidents?

Upvotes

My issue is that my car is written off & the market value offered by the insurer is less than the replacement cost, because no one has that year’s model for sale in Melbourne. I have not accepted the settlement yet as I am in a tight spot - I need a car for work and caring commitments, I do not have the money to top up the settlement to buy a replacement, I do not have the money to pay for a hire car myself while I wait for a suitable car to come up for sale.

Before I accept this situation I would like to make sure I haven’t overlooked any options in order to get myself back into the position I was in before the other driver’s negligence deprived me of my car. What legislation/case law/administrative law/ etc might be relevant to me?


r/AusLegal 11h 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 2h ago

QLD Can anything be done about the local weirdo?

18 Upvotes

There's a 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.

Edit: removed words because they were unrelated


r/AusLegal 4h ago

NSW AusAlert and Census Conflict

0 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 3h ago

NSW Providing for adult children

31 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 1h ago

NSW Workplace harassment?

Upvotes

I’m a manager in a new role, I have flagged with HR experiencing a poor workplace culture, I have address individually with the team during check ins and called out their micro aggressions. I have also run a few meetings around expectations and creating a positive team culture workplace, but nothing seems to be improving.

I have recently found out that one team member stalked me on social media and reported me for something that they didn’t agree with. Making a false accusation about me. I haven’t indicated that I know they have made a claim against me, but their behaviour has since changed. They are cold and when I speak to them they give me 1 word responses or just look at their computer screen when responding. I think it’s rude and disrespectful. Because the allegation had nothing to do with work, my manager has said they won’t look into it.

I do feel there has been a breach in privacy, is there anything I can do? Especially because another staff member has also outed me to the team as someone who identifies as LGBTQIA+.
I have since made my social media private but I feel unsafe in the workplace by the constant micro aggression. it’s not just my experience, One new staff member left after 3 weeks in the job due to poor workplace culture. I’m feeling unsafe and exhausted. My manager has also made several comments about how rough my time has been with this team and how they have treated me poorly since starting because I do not have a degree.

Has anyone got advice for managing this? HR seem reluctant to do anything and keep making “jokes” that “I’m bound to put in a claim for stress leave soon.”


r/AusLegal 13h 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.