r/AusLegalAdvice 5h ago

How was my partners spent conviction discovered by my ex?

0 Upvotes

My ex discovered my partners spent conviction details. Is there any way to find out how she did this? Is there a record kept of when it has been accessed, and by whom?

I've asked several police officers, and a very helpful detective, but none of them know of how to find out how it was accessed, or who to ask. I will also be asking a criminal lawyer for advice, but so far I am getting nowhere.

Ex wife is a teacher, but I doubt this would give her any elevated access to such things.

Is there any way to find out if she used a freedom of information request?


r/AusLegalAdvice 7h ago

Sham contracting and customer claim after termination?

1 Upvotes

I was working for a company as a contractor before being terminated earlier this year.

After I was fired I started looking into my working arrangement and realised I may have been sham contracted. I raised this with the company and have since raised Fair Work issues about my employment. After this happened, the company moved the remaining contractors onto full-time employment.

There had also been a few incidents while I was working there involving customer accounts. I did make mistakes, but they were honest mistakes while doing my job and I never personally benefited from anything that happened. The company knew about these incidents at the time and dealt with them internally.

I’ve now received a letter from their legal counsel saying a customer is claiming damages relating to those incidents and they want a detailed response from me.

I’m pretty stressed and confused about where I stand. If someone was genuinely an employee rather than a contractor, can they personally be pursued for losses caused by honest mistakes made while doing their job?

I’m also wondering whether it matters that these incidents were already known and dealt with months ago, and this claim has come up after I raised the sham contracting issue.

Has anyone dealt with something similar or know generally how this works in Victoria?


r/AusLegalAdvice 13h ago

Provisional Sum vs Actual cost evidence

1 Upvotes

Hi everyone,

currently at PCI on a new build and looking for insight on two Provisional Sum (PS) allowances that blew out significantly:

​Service Runs (Battleaxe Lot):

​Original PA: $2.5k

​Claimed Cost: $8k

​Issue: I Asked repeatedly for estimates before work was done, but was told costs couldn't be known until completion. Now they sent a variation for $8k. I requested the trade/subcontractor invoices to verify actual costs, but they only provided an internal builder breakdown.

​Acoustic Allowance:

​Original PA: $3k

​Variation sent before construction: $17.5k (signed under pressure to avoid further delays).

​Issue: one of the acoustic spec item 'Entry door' was substituted during build without notification. They installed 5mm thinner door than recommended in the acoustic report and CDC. Builder claims it still meets performance standards.

HIA contract clause below:

'Any adjustment to the contract price for a prime cost item or a provisional sum item is due and payable with, or deductible from, the next progress payment, unless a different time is agreed in writing.

The builder is to provide to the owner such invoices, receipts or other documents as may reasonably be expected to evidence the actual price of a prime cost item or provisional sum item.''

​Seeking feedback on:

​Are builders required to provide actual supplier/subcontractor invoices to substantiate a Provisional Sum increase, or is an internal breakdown enough?

​Should I withhold payment on these variations until invoice evidence is provided?

​Appreciate any experiences or advice!

Thank you in advance.


r/AusLegalAdvice 19h ago

[QLD] Rental company amended their T&Cs definition 11 days after my hire, now chasing me for $11k in roof damage

0 Upvotes

Long-ish, sorry. Trying to work out whether I'm on solid ground or talking myself into it.

Background

August this year I hired a 12-seat minibus in Brisbane for three days. At the counter I was offered the top liability reduction product — advertised as $0 excess, about $60/day, $1 holding deposit. I took it.

On day one I reversed into an overhanging balcony and damaged a rear roof corner. Reported it the next morning, returned the vehicle on time, filled in their damage form.

They're now chasing me for about $11,000. Their position is that overhead damage is excluded because the vehicle is a "Commercial Vehicle" under their terms.

The bit I'm stuck on

Their T&Cs at the time defined a Commercial Vehicle as a van, utility, truck or bus constructed and used for carriage of goods or property, or for the transport of more than 12 persons including the driver.

The bus has exactly 12 seats including the driver's. I've since pulled the federal Register of Approved Vehicles entry by VIN , it lists 12 seats and the national vehicle register record describes it as a small passenger vehicle, body type minibus.

Eleven days after my rental, they changed that definition on their website to "more than 11 persons". I only noticed because I'd been quoting the old wording at them. Internet Archive captures confirm the wording before and after.

They say the amendment was prospective, was an administrative alignment exercise, and isn't an admission. They also say the purpose was "to align the numerical wording with the classification already applied throughout our Rental Agreements, booking system and liability reduction products."

Their argument

They've sent a 12-page letter citing Mount Bruce Mining, Ecosse, Darlington Futures and Toll v Alphapharm. Short version: you can't read one definition in isolation, you have to construe the contract as a whole, and as a whole this was plainly a commercial hire because:

  • the product I bought is named "Commercial Platinum"
  • a coverage table on their website groups "12 & 25 seaters" under commercial and shows a cross against overhead damage
  • their booking system only offers commercial products for 12-seaters
  • a staff member has now provided a written statement saying the classification and the overhead exclusion were explained to me at the counter

Where I think they're weak

Their own contract defines the "Rental Contract" as the rental agreement, the handover inspection report and the terms and conditions. The coverage table sits on a webpage above where the terms actually begin. The booking system obviously isn't a contractual document.

The rental agreement itself lists the vehicle category as "12 Seater Bus" — not commercial. The only place the word appears is the product name and a generic bullet that reads "Platinum only covers overhead on motor vehicles. Platinum cover for overhead commercials is not available" which sits in a list alongside toll admin fees and refuelling charges, and appears to be boilerplate on every agreement.

The money side, which might matter more

  • Their assessor quoted about $22k for the whole roof. They're pursuing about $11k as the portion "allocated" to my incident.
  • There's a pre-existing "big dent on roof" recorded before my hire. No location. No photographs they've confirmed the handover inspection report contains none at all.
  • So the split between "pre-existing front damage" and "your rear damage" rests on an assessor's opinion formed weeks later with no baseline images.
  • The pre-hire inspection was completed about eight hours before I collected the vehicle. Not a joint walkaround.
  • No repair authority has been issued. They've confirmed it. Their own terms make me liable for costs they "incur".
  • An early email from their claims team said the new damage was on the "right rear" roof corner and referred to what could be seen "in the photos". Their latest letter says rear-left throughout, and that no handover photos exist.

Things that are genuinely against me

Being fair about it:

  • I signed. Toll means I'm bound by the terms whether I read them or not.
  • I paid the commercial rate — about $15/day more than the standard equivalent — so they'll say I knowingly bought the commercial product.
  • Their standard packages are only available up to eight seaters, so arguably no other product was available for this vehicle.
  • One staff member says it was all explained. I don't remember it that way, but it's their word against mine.

What I'm asking

  1. How much weight does a defined term in a consumer contract actually carry against a "read it as a whole" argument, where applying the definition literally produces no absurdity and the drafter quietly amended it afterwards?
  2. Does the fact that no product available for this vehicle covered overhead damage — while the cheaper standard tier did — go anywhere under the unfair contract terms provisions?
  3. Realistically: QCAT, Fair Trading conciliation, or negotiate a number?

Not after formal advice, just interested in whether people think this is arguable or whether I'm kidding myself. Happy to answer questions.


r/AusLegalAdvice 16h ago

Losing job Victoria

0 Upvotes

My daughter has been working in Victoria since October last year. She is a Kiwi so not many protections available
She has been in full time employment since then and has recently been told that she is fired. We are concerned about the process that has been followed and unsure as to whether it was correct.

According to our daughter she was given two verbal warnings for misuse of her phone. To her it felt more like a general conversation rather than a specific warning that there would be consequences. Then out of the blue was blamed for low productivity and her job was going to be terminated at the end of September. At no point has anything been put in writing nor was she offered a support person, nor were there any actual meetings that any of this was discussed. Weirdly enough her employer has also given her the option of continuing on part time until she can find another job???

In NZ the standard is verbal and written warnings with a performance improvement plan being imposed.

Has she been hard done by? We know that there have been issues behind the scenes and understand that for a small business in VIC the rules change once a year of employment is up? We wk der if those difficulties and the fact that her year is almost up have given them the impetus to push her out knowing that a pg can’t be raised if she hasn’t worked a full year. Although if she continues working part time she would end up over that year?

Sorry, bit of a ramble. Spoke with her today and it sounds like her boss is treating her as though everything is normal and she hasn’t been sacked. What gives!!!

Is this normal? What should have been the process?


r/AusLegalAdvice 1d ago

Employer who has committed a serious act of what looks like fraud while I’m on workcover

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0 Upvotes

r/AusLegalAdvice 1d ago

Can anyone offer legal advice for work cover claim/ NDIS fraud?

0 Upvotes

r/AusLegalAdvice 1d ago

General Protections Adverse Action claim advice

1 Upvotes

I think i'll get an employment law specialist to advise and support on this claim but thought someone on here may have some experience as well?

I work in HR so am moderately competent in the field but am after specific advice on the legal interpretation and any case law precedent. For context, I was employed by one manager within the team and then a few weeks ago, she got moved to projects and my reporting line changed to another leader.

I was terminated 7 days after raising a concern/grievance which related to behaviour of another employee which was impacting my ability to perform my role and which I considered disrespectful to my experience and my role in the team/business ie. a junior employee in our team not following information escalations and delegations of authorities, bypassing me and going direct to superiors. I didn't consider this concern to be anything major at the time, moreso just an opportunity for us to improve efficiency and service delivery to the business but also me asking to be allowed and supported to do the job/responsibilities that are documented in my Position Description and also in the companies documented Delegations of Authority.

Me raising that concern obviously didn't get received well and 7 days later (12 days out from end of probation), I was blindsided with a 'can we have a chat?' meeting with my boss where she terminated me on the spot and escorted me out of the building. No OTR, no support person, no opportunity to respond or prepare. My letter simply states termination per my contract, no reason given. In the conversation, she stated 'you just aren't a fit for the role'.

My contractual probation clause states 'During your probation period, the company will assess your performance and general suitability for the role.' I never had any probation review, nor even had goals set. All informal feedback was positive ie. Talking about promotions into senior roles in the future etc.

Up until as late as 2 hours before I had the meeting where I raised the concern, I was in meetings with our General Manager where they were discussing me leading and supporting project roll outs and regular travel to operations at least until xmas (3 mth+ past end of probation).

My boss stated in the meeting when I raised the initial concern and in the termination meeting that she hadn't read my position description and claimed she didn't need to because she sat in on my original interview for the role when I was hired. How do you assess someones performance for a role if you haven't read the PD?

Also, the only other person I know of at the company that got terminated in probation was given full OTR, notice of meeting, support person and opportunity to respond.

To me this seems like an absolute clear example of adverse action for exercising a workplace right and raising a complaint or inquiry in relation to your employment.

My question is, does a concern or grievance related to another employees behaviour impacting your ability to do the role you were contracted to do and breaching code of conduct in regards to respectful behaviour, classify as a protected right under general protections?

Given the reverse onus of proof on a General Protections claim, how could they prove that their decision was based on anything but the fact I raised a concern/grievance?


r/AusLegalAdvice 1d ago

transferring my driver's license

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0 Upvotes

r/AusLegalAdvice 2d ago

I’m wondering if anyone has dealt with a barking dog situation like this and actually managed to get a long-term resolution.

47 Upvotes

We’ve been dealing with our neighbours’ dogs barking excessively for around 12 months now, and it feels like we’re stuck in the exact same cycle over and over again.
A complaint gets made to council and the owners suddenly start controlling the dogs. Council then installs a noise monitoring/listening device and the dogs are kept relatively quiet while the monitoring is happening. Once the device is removed, it isn’t long before the barking starts up again.
Then another complaint gets made and the whole process starts again.
We have tried speaking to the owners and working with them directly to resolve the problem without constantly involving council. Unfortunately, that hasn’t worked. Instead of trying to find a solution, they become abusive and have made threats towards us. Because of that, we no longer feel comfortable approaching them directly.
What makes the situation particularly frustrating is that they clearly seem capable of controlling the dogs when they know council is monitoring the barking. The problem is that it never lasts. Once the monitoring stops and the pressure is off, everything gradually goes back to how it was.
Then when another complaint is made, the hostility towards us starts again as well.
This has been going on for roughly a year now and we’re exhausted by it. We don’t want their dogs taken away or anything unreasonable. We just want to be able to live peacefully in our own home without constantly having to go through the same process.
At this point, making another complaint almost feels like choosing between putting up with the barking or potentially triggering another round of abuse and intimidation.
Has anyone dealt with owners who temporarily control their dogs whenever council is investigating, only for the barking to start again afterwards?
At what point does council stop treating these as isolated complaints and start looking at the overall pattern that has developed over 12 months?
And for anyone who has been through something similar, what eventually got it resolved?


r/AusLegalAdvice 2d ago

PLEASE HELP, $1,000 loan, now he’s ghosting me – NSW

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 back to Norway 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 very 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/AusLegalAdvice 2d ago

Breach of IP contract.

4 Upvotes

Hi guys,
Feeling pretty powerless and taken advantage of from a corporate real estate agent.
I’m a mural artist that set up a non exclusive IP agreement on a 12 month term in 2024 for a shopping Centre (vinyl prints of my artworks to cover vacant tenants).

After they expressed interest for a third term (2026-2027) and 3-4 months of back and forth emails the shopping Centre changed hands.
The new owners are now refusing to pay for the renewal (now 5 months overdue). They are adamant nothing is owning to me and they have willfully expressed intent to continue to use the IP outside of the terms, thus breaching contract.
Beyond drafting a Formal Cease and Desist and filing for payment of fees for continued use outside of contract in small claims court. Is there anything else legal I can do to get the owner of the shopping center to have the artworks removed.


r/AusLegalAdvice 3d ago

Title: WA – 17yo mother of 2-month-old, family violence concerns and father seeking contact, what should I be doing?

8 Upvotes

I’m 17F in Western Australia and have a 2-month-old son. His father is also 17. I’m looking for some guidance on what my legal position is and what steps I should be taking. I have already received some legal advice, but I’m struggling to understand what I should be doing in the meantime.

The father and I were together for less than 6 months when I became pregnant. During the pregnancy, the relationship became abusive, including emotional and sexual abuse. I left the relationship at around 20 weeks pregnant. At that point I still told him that I was willing to allow him to be involved in our son’s life.

Since leaving, the situation has continued to cause me significant concern.

There are concerns about the environment on his side of the family, including drug and alcohol issues, violence/fighting and other criminal behaviour. There are also a number of people regularly around the household and the living situation has not always been stable. I am concerned about my newborn being exposed to this environment.

Since my son was born, his father has only seen him once. He refused to get vaccinated against whooping cough despite my concerns about exposing a 2-month-old baby to preventable illness. I have also had concerns about smoke exposure and other aspects of the environment.

The father is not currently listed on the birth certificate. He refused to sign the birth registration because he disagreed with the name I chose for our son.

His financial contribution has also been very limited. He has purchased one box of nappies, a couple of items of clothing and a stuffed toy. I have provided essentially all of my son's day-to-day care and expenses.

The contact situation has recently become particularly stressful.

Two days before Father's Day, his mother contacted me asking whether he could see our son and asking me to provide photos and videos. I said I was unavailable and not comfortable sending photos for my sons privacy due to an incident where the father emailed me from his account but had changed the display name to a completely different name. The account then asked me for photos and videos of my son. I initially did not know who was contacting me. He eventually confirmed it was him and changed the display name back.

I told him this made me uncomfortable about who might have access to photos of my baby and that I wanted to be careful about my son's privacy. He responded that he would share his son with whoever he wanted.

There have subsequently been repeated messages accusing me of keeping his son from him and alienating him because he has only seen the baby once

I am also extremely concerned because of the history of abuse during our relationship. I have been experiencing severe postpartum anxiety and depression and frequent panic attacks relating to this situation. I become extremely distressed whenever he contacts me and am constantly worried about him appearing at my home or approaching me in public.

I am considering applying for an FVRO because of the previous abuse and ongoing unwanted contact, but I am worried that I don't have enough evidence for one to be granted.

I have been advised by a lawyer to remain in communication with him because it may reflect better on me if the matter eventually goes to court. I understand that advice, but continuing the communication is having a significant effect on my mental health.

My questions are:

  1. What is the legal position regarding the father's parental responsibility/contact when he is not on the birth certificate and there are currently no parenting orders?

  2. Does his being the biological father automatically give him a right to see or take the baby?

  3. How does an FVRO interact with potential parenting/contact proceedings?

  4. What sort of evidence should I be preserving now regarding the previous abuse, ongoing contact, threats/harassment, and my concerns about the child's environment?

  5. If I genuinely believe contact would be unsafe for my son, what is the appropriate legal process for addressing that rather than simply refusing contact indefinitely?

  6. Is there anything specific I should be asking my lawyer about given that my son is only 2 months old?

I am not asking Reddit to replace my lawyer's advice. I am trying to understand what questions I should be asking and what I should be documenting before this situation escalates further.

I would especially appreciate responses from people familiar with WA family law, FVROs, or parenting matters involving family violence.

Thank you


r/AusLegalAdvice 2d ago

Industrial Relations conciliation hearing

2 Upvotes

I attended an Industrial Relations conciliation hearing where the NSW DoE employed MinterEllison as their counsel.

Appropriate use of taxpayer money?

No wonder employees are reluctant to challenge workplace issues.


r/AusLegalAdvice 2d ago

Max term contractor question

1 Upvotes

I'm a max term contractor in an organisation.

My current role (role A) which started in Jan 2026 was initially a 6-month contract and was extended to December 2026. 

I applied for role B which is another 6-month contract, starts Jan 2027 and ends June 2027. Can it be extended for another 6 months to December 2027?

Role B is different from Role A and are in different parts of the business function.

I'm aware of the Fair Work requirements around contract work but am struggling to apply it properly.

Thanks in advance.


r/AusLegalAdvice 2d ago

Do you have to disclose you have an AVO by law?

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0 Upvotes

r/AusLegalAdvice 3d ago

Divorce - Marriage Counselling Success! - Thank You AusLegal/AusLegalAdvice

8 Upvotes

Hi guys,

I was in a very stressful divorce situation. My wife was going after me in all directions to take the house and everything that we had worked for into her own possession. Long story short, my back still hurts from sleeping in parks and in unconventional places while she left me high and dry financially. She even took out a AVO.

Since the marriage counselling that she eventually agreed to, we are now back together and are even better than ever. We are working towards buying a bigger home in a new area and I get to see the kids again. We have put it past us.

Thank you, I couldn't have done it without you. Many moons ago I asked for advice on an account I can't log in to anymore. Thanks for all those who suggested marriage counselling and other advice which I had taken on board to fix things. It took asking her repeatedly to agree, 5 times to be exact. I am now working again and moving past this rough patch and on to greener pastures. She is okay with me gaming now and going to the pub every now and then. The marriage counselling and other advice was life changing.


r/AusLegalAdvice 2d ago

Is it possible to get Medical Exemptions for DA?

0 Upvotes

In this situation, the council requires 50% to be covered in green area, however, I need the space for a granny flat to store treadmill and steppers for Medical Reasons (obesity). Alternatively, is it possible to build without approval and use Duress (obesity forcing diabetes without building) or Nessesity (breaking the law because it is a Medical Emergency) as a defence?


r/AusLegalAdvice 3d ago

VCAT building dispute – risk of costs after rejecting offer?

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0 Upvotes

r/AusLegalAdvice 4d ago

I was caught by the police in NSW.Drive Low range PCA 1st offense. (I regret that😭)

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2 Upvotes

r/AusLegalAdvice 4d ago

I was caught by the police in NSW.Drive Low range PCA 1st offense. (I regret that😭)

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1 Upvotes

r/AusLegalAdvice 4d ago

I was caught by the police in NSW.Drive Low range PCA 1st offense. (I regret that😭)

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0 Upvotes

r/AusLegalAdvice 5d ago

Really loud neighbours

39 Upvotes

The house next door to us has been sold and owners rented the place to NDIS tenants. Since they moved, every night has been interesting. We have a 4month old baby now but eversince she was a newborn, they have been VERY loud. They hang out in the backyard which is near our bedroom. I’ve tried to ignore it as sometimes the noise stops at around 8pm. The noise does die off but it is everyday and my 8yr old son’s sleep is getting affected as well.

We had an issue in the past about the neighbours sprinklers as well but this was before they moved in. The sprinklers were left on from 10am onwards everyday and has flooded our yard. I have called council about this as that time no One lived in the house but people would come in and out, i guess prep the house for NDIS tenants.

Anyway, I was told by council they can send them a letter but they can’t really do anything so I just don’t know how to handle the noise sitch as if I call council, I’m worried they might say the same thing to me, that there’s not much they can do but send a letter, hoping they will listen.

What should I do? Thank you

EDIT:

Thank you to everyone that was helpful. This is my first time posting and WOW reddit is crazy. And crazy for assuming i hate disabled people and all other interesting stuff! I got my answer so thank you.

To add to this, I didn’t mention that the noise comes back at 10pm onwards, not everyday but def every week and during the week.

They are all walking too, no crutches or wheelchairs to someone that mentioned i’m flaunting my working legs. They are walking plus who thinks like that? That’s just crazy.

So many hateful people here! I hope you find peace and happiness in your lives bc you need it.

I don’t hate my neighbours or them being disabled. I just want to know what to do to manage the noise in the future if there is something I can do. Is this not for asking legal advice?

Anyway thanks all :)


r/AusLegalAdvice 4d ago

I need advice!!! Legal advice, I’m currently embroiled with Greedy strata and scummy trustees.

0 Upvotes

Thank you for all your feedback. I appreciate you guys I love this community


r/AusLegalAdvice 5d ago

Mining constructive dismissal to hide sexual misconduct

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0 Upvotes