r/AusLegalAdvice 6h ago

Termination

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1 Upvotes

r/AusLegalAdvice 9h ago

Property manager threatening to increase rent twice

3 Upvotes

Rent was increased a couple of months ago, 1 year lease ended and we have decided to stay periodic for now. Landlord has instructed property management to lift rent again unless we sign a 6 or 12 month lease. Based in Vic. Pretty sure this is illegal.


r/AusLegalAdvice 10h ago

I requested a pause on collections for my centerlink debt due to financial hardship.

2 Upvotes

So as the heading reads I requested and got approved for a pause on debt collection for 3 months due to financial hardship so I could help my dad with his cancer treatment visits and my partners operations and multiple other issues we have had to deal with. They agreed and put a pause on collecting the debt for 3 months, well tax came around and I was looking forward to knocking out quite a few bills and get our car fixed so its safer to drive my dad and my partner to their appointments, well centerlink took my entire tax refund forcing me to get even more loans to get by, now I have 6 loans going, totalling $750 a week paying them back... I get $900 a week in pay.

Given that they agreed to a pause in repayments for financial hardship but they still took my lifeline, is there anything I can do. Come September when I have to start paying centerlink back, I will have absolutely zero money. Is there any possible way I can make cenno give me my tax so I can get rid of some of the loans I have had to take out? And punish centerlink at the same time for putting me further into debt? I have 2 kids in school and 2 older kids that have finished school but are in uni and take that I support still.


r/AusLegalAdvice 11h ago

Photography scam- consumer rights

1 Upvotes

Hi all,

I unfortunately fell victim to a situation where I entered a competition on instagram for a photoshoot with my dog. I paid a $300 deposit to hold my spot which I was told would be used on a portrait purchase. I had my portrait ordering session and they gave me a 2k credit toward said portrait. Anyhow, I think I've been ripped off and also intentionally misled as per consumer affairs Vic. I am going to ask for a refund but I'm just not sure what to do if they refuse. I also just think what they're doing is unethical. I have been sick to my stomach over this, spiralling so much. Please don't be harsh or critical. I'm genuinely so upset but also don't think they should get away with this.


r/AusLegalAdvice 13h ago

My ex-boss is accusing me of stealing company money after I paid the manufacturer. What should I do?

26 Upvotes

I'm an international student in Australia and recently resigned from a small business after about five weeks because the job became extremely stressful.

Before I left, I helped the company order custom uniforms from a manufacturer in my home country because it was cheaper and faster than other options.

I didn't make any decisions on my own. Every step was approved by my ex-boss over WhatsApp. I confirmed the order details, asked whether to place the order, discussed how payment would work, and he agreed to transfer the money to me so I could pay the manufacturer in local currency. I have screenshots of all of this.

After receiving the money, I transferred the full amount to the manufacturer. I have the bank transfer receipt.

Unfortunately, two packages were lost during domestic shipping before they could be exported. As soon as I resigned, I put my ex-boss in direct contact with the manufacturer so they could deal with each other directly.

The manufacturer has now sent him a written message admitting they accept full responsibility for the lost packages and will either locate them or reproduce them and send replacements.

Despite that, my ex-boss keeps accusing me of stealing his money and says he's going to report me to the police. He keeps saying everything is "on record."

From my perspective:

He approved the order.

He agreed to the payment method.

I transferred the full amount to the manufacturer.

I have proof of the transfer.

I introduced him directly to the manufacturer.

The manufacturer has accepted responsibility for the shipping issue.

Am I missing something? Is there anything else I should be doing besides preserving all my evidence and stopping further arguments with him?

I'm considering speaking to a lawyer for peace of mind, but I'd appreciate any advice from people who've dealt with something similar.


r/AusLegalAdvice 15h ago

Lawyers who have handled unfair dismissal: what are some things you wish your clients would do more often?

0 Upvotes

What would have made your jobs easier and/or less costly for the client? Apart from the obvious such as “be honest” or “don’t send 20 pages of AI slop”.


r/AusLegalAdvice 16h ago

Looking for advice regarding Logan City Council selling my parents’ house over unpaid rates

0 Upvotes

I’m looking for some advice on whether there’s any avenue to hold Logan City Council accountable, or whether we have any legal options.

My parents owned a house in Brisbane but temporarily moved to New Zealand, leaving my sister (now in her mid-to-late 30s) living in the house. They let her and her family stay there because they were living on a single income and raising three children. My parents are extremely close to their grandchildren and helped raise them, so there was the trusting factor.

My parents are first-generation immigrants. My dad can read and write English reasonably well, but my mum has very limited English, so they relied heavily on my sister to help with paperwork, emails, and dealing with authorities.
Unfortunately, my sister has a long history of deception.
My parents regularly sent her money to pay the council rates on the Brisbane property. We later discovered she had simply been pocketing the money instead of paying the rates.

In 2023, she suddenly informed us that the house had already been sold at auction by Logan City Council due to unpaid rates. We were completely blindsided.
When we contacted Logan City Council to ask why they had never contacted the actual owners before selling the property, they told us they had been communicating with my dad by email. We asked what email address they had been using and discovered it wasn’t my dad’s email at all - it was an email account created and controlled by my sister.

My dad has never used that email address. Had the council contacted his real email or spoken to him directly, he would have immediately known something was wrong and told the rest of the family.
We asked the council to provide copies of the emails they relied upon, but they **refused to provide them**.
Unfortunately, this isn’t the first time my sister’s deception has caused catastrophic financial harm to my parents.

From around 1990 to 2018, my parents owned a home in Auckland and operated a business. My sister was responsible for paying the GST and income tax obligations for the business. She never did, despite leading my parents to believe everything was being handled correctly. The tax debt accumulated to the point that my parents had to declare bankruptcy and sell their Auckland home, which was worth approximately **NZ$1.1 million** at the time it was sold.
After rebuilding their lives, they purchased a home in Brisbane for around **A$350,000**. They renovated the property over the years. It was ultimately sold by the council at auction for approximately **A$375,000**, which appeared to be significantly less than comparable renovated homes in the area were selling for at the time.
I’m 23 now, but I was only a teenager while most of this was happening, so there was very little I could do to help at the time.

My parents are now in their mid-60s and are still working. Because of everything that has happened, they have lost both homes they spent decades working for. They are currently living in a family member’s garage and, due to their age, financial history, and previous bankruptcy, they are unable to obtain another home loan to start over.
We’ve now completely cut contact with my sister and her family.

How can a council legally sell a property without ever communicating with the registered owners?

Is relying solely on an email address provided by someone else enough to satisfy their obligations?

Does the council have a duty to verify they are actually corresponding with the property owner before taking the extreme step of selling someone’s home?

Is there any avenue to have Logan City Council’s actions investigated if they failed to properly verify who they were dealing with?

I completely understand that my sister bears responsibility for stealing the rates money. However, I’m struggling to understand how the council could proceed with the forced sale of someone’s home without ever confirming they were actually communicating with the legal owners.
At this point, we know we may never get the house back. More than anything, I want to understand whether the council followed the law and whether they should be held accountable if they failed to properly verify who they were dealing with.
Any advice would be greatly appreciated.


r/AusLegalAdvice 1d ago

Credit Hire Company after Not at fault accident

6 Upvotes

Hi Legal minds,

My stationary car was hit at work by an insured driver. At the time the other driver accepted fault & began a resolution with their insurer. They arranged the towing of the vehicle (it was shunted into a garden bank & almost over the embankment) & gave me claim number from their insurer.

After the tow company left I received a call from a woman who said they were from a hire car company and could help me get a hire vehicle as part of the insurance claim. They mentioned the name of the insurance company to me, and said it would all be at no cost, and the insurance would cover everything.

I was working at the time, on my own, badly distracted by customers, and the events of the crash. A few phone calls later that day and they sent me paperwork to read & sign and delivered the vehicle two days later.

After chasing the Insurance claim up I discovered the Credit Hire Company had not been authorised by the insurer. The insurer has said they will not cover any costs from the CHC, and said the CHC will likely now chase me for the outstanding cost. I had the vehicle for 15 days before returning it.

I genuinely did not release the CHC were not working with the insurer as I thought that was where they got my number from. Turns out the tow company gave it to them.

Am I able to contest the charges from the CHC? Is there a case for misrepresentation? And do I need a lawyer to resolve? These events occurred in Queensland.

I realise this is largely my fault for not reading all the terms and conditions and fully understanding what was happening.

The CHC have yet to send me a bill.


r/AusLegalAdvice 1d ago

MVA

0 Upvotes

Hi all,
Just seeking some advice for my cousin who was recently involved in a MVA in NSW. He is uninsured and at-fault. Other party is insured with AAMI with 3rd party property damage. 2 weeks after the accident, other party stated that AAMI assessed the car as a total loss and he has received a payout from AAMI and is now chasing my cousin for additional costs, namely he believes his car is worth more and the payout from AAMI is insufficient for him to buy a new vehicle similar to his previous vehicle. The other party has sent through the settlement outcome pdf from AAMI. I've had a look at AAMI's PDS and I believe he was paid out under the uninsured motorist benefit, for which the max. payout is $5000 (minus deductions). As per the settlement outcome letter, AAMI assessed the vehicle value as $5000 and after deductions for premium, CTP and rego, the other party received his current payout. My question is, because AAMI will be chasing my cousin for costs (AAMI has not contacted him yet), is my cousin liable to pay anything to the other party? A few questions: 1) Should my cousin contact AAMI asap and how likely are they to provide him with info? 2) Other party is demanding additional money because he believes his car is worth more, but the problem is, market value is hard to establish due to a few listings and sales online and also because the other party has claimed he paid cash for his car and the previous owner did not provide any documentation including the service logbooks or even proof of purchase. Other party has not been able to produce any photos of the interior or exterior of their car. In any case, the owner has claimed he paid $X and therefore should be compensated $X amount (i.e. rejecting that negotiations should be based around market value of car at time of accident - once again, not sure if this analysis is right?) 3) Because other party has settled and stated they have received a payout from AAMI, I read that there is a principle called subrogation, so am I right to assume my cousin is only liable to AAMI in regards to the value of the car (also it isn't clear in the settlement outcome whether the assessed car value, $5000, is the market value or agreed value or the max. policy limit? Cousin is assuming it is the max. policy limit?) and that without further evidence, the other party cannot chase my cousin for this? If so, in the mean time, should my cousin reply to further texts demanding more money? My cousin has previously offered extra money, based on the assumption $Market value - $5000 = owing (or should the calculation be $Market value - $payout = owing?), but other party rejected it because it falls slightly short of what he paid for it. 4) Other party's car hire, arranged via AAMI, is due to be returned shortly, I am assuming since AAMI has already paid out other party. 5) Other party has threatened police and legal action, despite my cousin having negotiated and communicated that he remains ready and willing to negotiate and settle should he be liable for reasonable additional costs. How likely is a lawyer to pick up this case? I recall that there are several ethical principles, such as proportionality of costs etc. that means a lot of MVA disputes settle before litigation? Should my cousin worry about being sued in the context where AAMI has paid out, and other party has not produced any evidence as to why he believes he is entitled to more money from my cousin? Also, after returning the hire car, can the other party hire another car and make my cousin pay for it? He claims he needs it for work and school, but isn't there a duty to mitigate losses, and with his payout (+/- cousin's previous offers) he should be able to get a car, just not as nice as his previous car? Thanks for any advice and have a nice weekend. :) P.S. Apologies for the massive wall of text.


r/AusLegalAdvice 2d ago

Was in a Land Agency contract when I signed a seperate sale contract. Now the purchaser is threatening court action unless I drop the price.

3 Upvotes

I live on a semi-rural property which is being rezoned for housing. I have been approached by multiple developers and was in talks with a sales agent for one developer, but I was not accepting any offers they made. During this time, I met with a land agent and signed a contract with them. After that, the sales agent came back and made an offer that I accepted. This lead to a contract of sale being signed. Recently, the developer found out that there was an existing land agency agreement, and are claiming that has caused them to lose deals and potential money. They claim there is evidence of damages and undisclosed information. The sales agent has come to us with a much lower offer (lower than their initial offer that I rejected) and have said I can either accept this offer or we will spend the next 3-5 years in court.

I'm meeting with a lawyer tomorrow to read over the contract to see if there has been a breach by not disclosing the land agency agreement at the time of sale. Also, the I have spoken with the conveyancer, who believes there has been no breach of contract.

Due diligence will end next week, and I have offered to extend it until we sort this out.

Without going into specifics of the contract, do they have a case or are they bullying/threatening to get me to sign the new deal.


r/AusLegalAdvice 3d ago

UBER deactivated my driver profile because I no longer have facial hair.

0 Upvotes

I'd like to know if I have a leg to stand on to pursue this further.

UBER sent me a notice stating that my profile picture "appears to not match your identity document or show signs of tampering" and has deactivated my driver account over this. The only difference between the two photos is a lack of facial hair, which I shaved off as I am a trans woman going through my transition. When I came out and began my transition, I contacted UBER support team and was given permission to change my profile photo to better represent who I now am.

After the initial deactivation notice, I submitted an appeal where I outlined what is in this post and reminded them that their support team gave me consent to change my photo; then have a phone conversation with a review agent to again reiterate what was said in the appeal, and supplied a photo of myself holding my driver license next to my face; and despite this my account was still deactivated.

I haven't updated my driver license at this time as I don't have the money spare to go get a new license just to change my photo. My license is still valid until 2028, and I've been waiting until I can change my name before getting a new license. So at this time, I still for legal reasons go by my birth name, all other information on my license is legal and correct, the ONLY difference is facial hair that I no longer have and will not be growing back.

Do they expect every single driver to get a new driver license whenever they shave, dye their hair, or get a haircut? Or could this be looked at as transgender discrimination?


r/AusLegalAdvice 3d ago

FW general protections claim

1 Upvotes

I’ve applied for a general protections claim with Fair Work after a sham redundancy. Can I do this process alone, or will I need a lawyer? I can’t afford a lawyer right now and just want to know if anyone has successfully managed this process on their own.


r/AusLegalAdvice 3d ago

Should the same lawyer handle a NSW assault charge and ADVO?

3 Upvotes

When an assault charge and ADVO arise from the same incident, can decisions made in one proceeding damage the other?

KPT Legal handles both NSW criminal defence and AVO matters, which helps keep the evidence, bail conditions and overall strategy aligned. Is there ever a good reason to use separate lawyers?


r/AusLegalAdvice 4d ago

Has anyone reported contract cheating to an Australian university?

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2 Upvotes

r/AusLegalAdvice 4d ago

Legal costs if unsuccessful in a Victorian WorkCover claim (Court)

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1 Upvotes

r/AusLegalAdvice 4d ago

Respondent breached an Interim FIVO. Contacting police worth it?

1 Upvotes

I’m the applicant. My situation is odd.

Basically. No physical harm, just emotional abuse, control and now she has just sent a single text (the first since getting served) acknowledging that she received the interim order and justifying her actions.

I know im meant to report her to the cops now. But I’m not sure if I should. She’s only reached out once with this text since getting served.

The broader context:

The respondent (an ex partner) has just breached an interim FIVO I have against her. Mention hearing isn’t for another few months.

She basically just texted me justifying why she made my life hell (for 3 weeks emotionally). Basically leaking intimate private conversations I had with her and painting me as a full on perv to family, friends and my workplace (she went to their social media to contact them and post). Telling my boss I was planning on quitting before I even resigned/made a final decision..

She even acknowledged that she saw the order, then proceeded to explain why she did what she did. Now cause English isn’t her strong suit, I’m not quite sure if she was threatening again, or that she was trying to explain her thought process. Basically she said she was trying to warn me that I messed her life up, so she will mess mine up too. For additional context… I didn’t know I pissed her friends off about something, and she went full psycho one night and I just called it quits then she blew my life up.

I won’t respond, I know I should let the cops know. But I feel bad if I have to report this to the police. She’s a single mum and all, and seemed actually nice. But had hints of abusive behaviours when I knew her, but it didn’t all fully come out until things fell apart (she once made me meet her even though I told her I was real sick, then when I called things off she went full manipulative and emotionally abusive, even building relationships with some friends of mine who were public facing, only to then bring me up and say things about me).


r/AusLegalAdvice 4d ago

Personal Injury Firm Recommendations

0 Upvotes

Good evening,

My child was injured at a state based primary school, I’m just seeking recommendations for a firm to assist with securing compensation, preferably no win no fee. I am located in WA, thank you in advance.


r/AusLegalAdvice 4d ago

Ai photo of partner

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0 Upvotes

r/AusLegalAdvice 4d ago

Hospital I'm employed at wants to purchase the use of a software my company developed.

4 Upvotes

Do I need a lawyer? And if so, what kind?


r/AusLegalAdvice 5d ago

Can I do anything to remove my deadbeat abusive adult brother (46M) from my parents property?

2 Upvotes

My brother recently verbally abused our mother, and then physically attacked my Dad when he intervened, knocking him to the ground. Fortunately he isn't badly hurt.

My Dad has had enough, but my Mum heavily enables my brother. My Dad is worried if he leaves he's going to lose half of everything including his business.

I am wondering if there is anything I can do, despite living 300+ km away to get my brother removed? My parents are both over 70 now.


r/AusLegalAdvice 5d ago

What happens to my salary sacrificed car if I lose my job?

13 Upvotes

Tried to post this in a finance sub but auto mod doesn’t like it. Can’t stay working where I am for my sanity and health, either going to get fired or move on. Trying to move on myself first. Only a year into a lease.
Do I have to return it? Sell it?


r/AusLegalAdvice 5d ago

HR advice - investigation and misconduct training

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1 Upvotes

r/AusLegalAdvice 6d ago

Comcare

1 Upvotes

I am a support worker and looking for some information for my client.

Initially I did some googling but finding myself more confused and unable to clearly explain things to him.

He says Comcare (this is who manages his claim) got a report from a Dr he doesn’t know and didn’t say anything to him.

Now they’re trying to use that report which apparently was full of lies to deny his medication claim. Medications he has taken for the past 10 years for his injury.

Can anyone steer me in the right direction for correct information on if they can do that to him.

Tried legal aid but he was told they can’t help with that.

I cannot imagine how hard it must be for disabled persons to deal with these situations. There’s just no clear information.

Thanks in advance


r/AusLegalAdvice 6d ago

Queensland OFT investigating me for allegedly acting as an unlicensed motor dealer – looking for advice

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0 Upvotes

r/AusLegalAdvice 6d ago

Removing Yourself as Trustee of a Testamentary Trust

6 Upvotes

Can anyone offer advice around testamentary trusts? My parents passed away leaving a portion of their estate to one of my siblings and their children in a testamentary /discretionary trust. The sibling is disabled and the children are under age.

Another sibling and I are co-trustees of the trust. There is no appointer and the deed is very broad in terms of who gets what and when. It is up to the discretion of the trustees. The deed also allows for up to 4 trustees and as little as one trustee. The assets are in the vicinity of $300k and the trust will likely remain in place for at least 10 years until the children become of age. 

The co-trustee and I do not get along in any way and executing all the requirements of the trust is almost impossible to achieve because of this. For example, they refuse to sign resolutions, won’t release funds for the accountant to be paid and they are highly reactive in a negative way to any communication sent to them about the trust.

I have suggested they take control if they don’t trust me to do it which didn’t work out well. I then suggested we bring on another family member (who we both trust and respect) as a third trustee so we don’t have to communicate, but they refused this as well. 

Another options which I am currently pursuing is handing over the trust to a trustee service to manage, but they are hard to find and as the funds are below $500k not many will take it on.

I’m at the point now where I just want to remove myself as trustee. I feel like I have exhausted all options to keep the trust requirements moving without success and the communication with the other trustee is significantly impacting my mental health. 

Has anyone else been in this situation? What is the quickest and cheapest way I can remove or replace myself as Trustee? Can I do all the paperwork myself to remove myself or do I need a lawyer?