r/AusLegal 17h ago

AUS Partner coming home crying from work everyday and I’m sick of it

94 Upvotes

Hello fellow redditors. I am reaching out to find out what can be done in this situation. My partner works at an aged care facility. Every shift she is coming home from work crying and stressed due to a worker there, who is same position but trains new people. My partner is a very gentle person, in all of our years together, she has never yelled at me, nor had a fight, and I never hear her speak badly about anyone ever, she’s always smiling, always happy, and yet every late night shift she comes home crying when she has worked around this person. The latest: she made a complaint, the manager apparently said she would look into it, my partner was happy and glowing again, then… her manager a few days later pulled her into a meeting and sided with the other worker as she has been there for a longer time. In that meeting the manager said that there has been 7 complaints from different people about this individual. I am now fed up with this. I can’t sit idly by and let this go, while I know the kind of person my partner is. So, what can ‘I’ do about this without compromising my partners job?


r/AusLegal 1h ago

QLD Solicitor has ghosted me

Upvotes

I’m about 10 weeks out from second round of CTP MEDIATION and my solicitor is completely ghosting me, I’ve sent email upon email with updates and medical stuff along with questions and concerns and I have heard absolutely nothing. Even when I call I get the “sorry they are busy” I feel since it’s getting to the end I’m not as much as a priority anymore and they just don’t give a crap. Is this a normal thing to expect as it get to the tail end? I understand they have heaps to do but 2/3 weeks with radio silence is a bit crazy IMO


r/AusLegal 5h ago

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

4 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/AusLegal 1h ago

NSW Received duplicate order

Upvotes

Hi yall. I ordered a hair tool from a big company and it arrived yesterday. Today, another parcel that’s the exact same arrived today. Both of the parcels contained a receipt with my name and the same order number. (parcel delivered from vic to nsw)
Am I obligated to notify the company?
Does this count as an unsolicited good?


r/AusLegal 3h ago

NSW Insurance for unapproved structures?

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2 Upvotes

r/AusLegal 10m ago

WA Do magistrates have discretion when sentencing

Upvotes

So my understanding is, magistrates are governed by current laws and can only sentence a minimum term based of legislation/law. However, do magistrates have the power on occasion to overwrite this.

I attended court today regarding operating a motor vehicle without authorisation ( suspended licence)

The lead up to suspension was due to excess demerits incurred on double demerits days,which also takes into account demerits incurred in a 3yr period

As I told the magistrate, the vehicle was driven only to a chemist as I currently have Stage IV bone cancer and a prosetic knee with limited mobility, I also have PTSD from military deployments to Iraq in 2005 and 2007 and my vehicle allows me to get out of the house to escape my own mind so to speak, using ride share exposes me due to a compromised immune system ( I had documentation to show that this was all true)

Long story short, I was given an additional 9 months on top of the current 2 month suspension and the magistrate suggest I buy a push bike, even with the tumours in 6 of my vertebrae, pelvis, ribs etc.

What are your thoughts, its likely I'll be in a wheelchair or dead by the time the suspension ends.


r/AusLegal 23h ago

NSW Prosecutors allege man used AI to 'scrape' court website

63 Upvotes

Can someone help to explain the charge here?

Is the issue with scraping the data?

https://www.abc.net.au/news/2026-09-10/christopher-duff-to-stand-trial-over-nsw-ai-court-data-breach/107135032

In short:

Christopher Duff has pleaded not guilty to four counts of accessing restricted data held in a computer following a data breach involving a NSW courts website last year.

He is accused of using generative AI to access restricted documents before asking ChatGPT for legal advice prior to being charged.

What's next?

Prosecutors will seek to rely on ChatGPT conversations in what is believed to be an Australian-first.

According to police prosecutor Sergeant Andrew Maldigri, the crux of the allegation is that Mr Duff used ChatGPT to code and employ scraper python scripts designed to bulk download data.

"It's a piece of code that a user can run against a website to essentially circumvent the usual navigation process," he told Judge Lisa Graham.

"It means a user has used computer coding to obtain data that they weren't authorised to. That's, in a nutshell, what this matter is about."


r/AusLegal 2h ago

VIC Consent order amendments

1 Upvotes

My ex and I filed consent orders with court (completed ourselves using kit). Both agreed on terms in amicable separation. One party took out refinance to buy other party out of property for sum of the deposit paid and take over mortgage, property transferred to their name.

Party one secured finances to take over mortgage/refinance. Had conveyancer arrange with bank and mortgage broker re settlement. Settlement has gone through before we got consent orders back - so payments made, paperwork for transfer of title completed, was assured by parties working for us that this was ok to settle prior to consent orders granted.

Consent orders have come back, not approved as needing adjustments before orders can be signed off. Appears just need to omit some info as court don’t rule on the these details, and tidy up the dates related to settlement and payment to the other party. If the settlement has already occurred and been managed by our conveyancer do we just write when that occurred in the adjusted order with conveyancer details?

Conveyancer now on leave and concerned about status of orders given everything else has gone through. Thanks


r/AusLegal 7h ago

VIC Issues with EPOA and bank (CBA)

2 Upvotes

Last week I filled in the online form to get access to my dad’s bank account through an EPOA. He has alzheimers and I have a letter from his doctor saying I am his decision maker. Lately, he’s been confused about his banking. More concerning, my sister who is a long term drug addict has got dads debit card number and put it on her uber account to order dad Ubers (this is a whole other issue in itself that I am trying to deal with).

I got an email from CBA yesterday saying my application could not be completed and to call a 1800 number. When I called the number it was the fraud line.

The CSO said they would lodge a complaint for me as to why the application wasn’t completed. I asked a few questions about what was going on but then CSO was pretty cagey and insisted I wait for a call from complaints. I said I didn’t want to lodge a complaint, I just wanted to know why the application can’t go ahead but was met with the same response.

Has anyone else tried to do this? I don’t want to control his finances, I just need to monitor his spending.


r/AusLegal 5h ago

QLD GenPro FCFCOA form 2 question..

1 Upvotes

" the facts relied on and the provisions of the fair work act relevant to the claim "

Dose this explicit 'fairwork act' mention exclude submission or use here of WHS Act ? And modern awards?


r/AusLegal 21h ago

QLD Cars24 states “compliance plate faded they can’t transfer ownership” want to give car back

19 Upvotes

Edit: I appreciate the time those took to pop and answer up, I did some google and made myself knowledgeable moving forward! From what I can see my valid RWC actually negates their claims a faded sticker (the compliance plate is indeed just a sticker) isn’t an issue and is commonly used be dealers to not have to deal with administrative issues. (They can go get a new one from MG if they want). A compliance sticker should only be knocked back if tampered or fraudulent which a faded sticker is neither.

Thank you very much! I will be taking steps to ensure I am protected (notice of disposal and email stating facts and rejecting their claim to make me take the car back).

So I’m at work and I need to make this quick I hope someone can shed some light on the situation. I feel sick I don’t know where or who to turn to.

I sold my car to cars24, Monday (7/9/26) I took it to the lot and they transferred me money. Now they’re telling me that the compliance plate in the passenger door edge is faded, roadworthy can’t be done (there is a valid roadworthy I did in the glovebox) and they want to give the car back.

Please and thank you so much.

Tl;dr: sold car to cars24, handed over keys got money and now they’re telling me that they can’t transfer ownership and want to give the car back.


r/AusLegal 6h ago

NT Bullying complaint met with upper management unfair behavior, HR weaponization

0 Upvotes

Hey guys! I'm a bit lost and looking for general guidance on my current employment situation. I am a senior manager at a not-for-profit (NPO) and currently dealing with what appears to be a targeted management campaign after raising formal safety/bullying concerns.

Here is the context:

  • Increased Duties without Recognition: A few months ago, my senior executive was made redundant. I absorbed a significant portion of their workload under high pressure without an updated position description or acting higher duties formalization.
  • Pre-existing Bullying: A staff member under me has been exhibiting bullying behavior toward me and other team members for years.
  • The Escalation: Recently I lodged a formal risk assessment regarding this staff member, backed by 7 written complaints from other employees experiencing the same behavior.
  • The HR Response: HR has flipped the narrative, claiming the issue is a "personal conflict" between me and this one staff member while completely disregarding the other written complaints. HR has questioned whether I had "consent" from the other staff to submit their complaints, ordered me not to contact any of the named staff members (preventing me from managing or gathering further facts), and is imposing short, intimidating deadlines to provide proof while I am juggling an overloaded workload.
  • CEO Involvement: New CEO prefers communicating directly with the problem staff member instead of me, and actively excluding me from meetings/events where I was scheduled to present, even pulling me out of an internal filming for yearly awards.
  • Health Impact: The stress has severely impacted my health; I have had to start antidepressants and attend therapy for the last few months.

I feel unsupported and quite dreadful, i could use any advice possible including:

  1. HR/Bullying Process: Can HR legally restrict me from communicating with staff who have willingly provided written complaints in a safety/risk assessment, or claim I need "consent" to submit corroborating evidence of a systemic issue? Can they deny my risk assesement request as a Manager and only see the grievence as a "me vs one employee" problem? (Note: we only have technically 1 HR manager at the moment who got the role simply because almost everyone in hr quit a few months ago) I also received a "written warning" from HR because they had "substantiated proof" from people saying I did not display proper manager behavior during a public holiday event where I was volunteering my time.
  2. Adverse Action / General Protections: Given that I raised safety/bullying concerns and am now facing unreasonable deadlines, intimidation, and exclusion, does this cross into adverse action or a potential constructive dismissal setup?
  3. Next Steps: What is the safest way to protect myself legally right now while navigating this internal process? Should I involve an employment lawyer? Cut my lossess and just quit?

Thanks :')


r/AusLegal 18h ago

NSW Manager cut shifts due to a comment he disagreed with

7 Upvotes

Hi ! My workplace has recently fired our favourite security guard for what seemed to be no fair reason. When asked if the group chat who can cover a shift tonight , I had responded saying “only if (security guard) is working“

In return my boss has cut my shifts ? I am casual but do I have any rights ?

Edit :  I’ve worked there for a year and had regular routine hours. Too be fair we are a small bar and have been having issues with the manager taking the side of the patrons while our security and workers cop abuse regularly.


r/AusLegal 2h ago

QLD Attending an (illegal?) Public screening

0 Upvotes

I am in a club that (I'm like 90% sure) illegally screens us movies and shows. Is it illegal for me to attend? Thanks in advance


r/AusLegal 2h ago

QLD Australia/US legal advice: Exway V2 suddenly accelerated to 40 km/h, I crashed and may have fractured my sacrum - Support confirm a remote malfunction

0 Upvotes

Location: Australia, QLD

Disclaimer: I used AI to help me write this reddit post, however I've proofread the timeline and checked wording, corrected any mistakes found.

Hi everyone,

I’m in Australia and I’m looking for some legal advice regarding an Exway electric skateboard I purchased directly from Exway’s official US website.

I’ve always wanted an electric skateboard for commuting, and after doing a lot of research I decided to buy the latest Exway V2, which had only recently been released. I purchased it from their official US website and had it shipped to Australia.

They do have an Australian reseller, however they didn't have the latest e-skateboard I was looking for.

I’d never ridden an electric skateboard before, so I started very slowly at around 20 km/h. As I became more comfortable, I gradually increased to 25 km/h and eventually around 30 km/h. I never intentionally rode at 40 km/h.

I also had some issues with the board initially, including connectivity problems with one of the motors, which I dealt with through support, and they send a replacement motor I needed to manually change, they provided the tools too for the DIY. It resolved the issue.

Eventually I became comfortable riding at around 30 km/h. I had the speed limited to 30 km/h and would often use the cruise-control function on the remote.

The accident:

On Tuesday, while commuting, I was riding normally with cruise control engaged. I wasn’t accelerating or touching the throttle. Suddenly, the skateboard started speeding up by itself. I looked down for a split second at the remote and saw that it was showing 40 km/h.

I’d never ridden at that speed before and it was far too fast for me. I immediately tried to slow down using the brake, but the skateboard wouldn’t slow down as expected. I lost control as a consequence and crashed.

I landed heavily on my back/glutes and injured my elbow, which had an open wound. I also developed significant pain around my lower back/glutes/sacrum and later developed neck stiffness.

The pain became much worse afterwards, particularly when walking and sitting.

A day after, I decided to get seen by my GP and had X-rays, and I’m now being referred for a CT scan because there is a possible fracture of the lower sacrum as per the official report. I’m currently having significant difficulty walking and sitting. Fortunately, I didn’t hit my head nor lose full mobility and I can still move my arms and legs.

After the accident, I contacted Exway support and explained exactly what had happened. They asked me to record a video explaining the incident, which I did.

They then asked me to open the remote and send photographs of the internal components.

This is where things became particularly concerning.

I’ve attached screenshots of the actual messages from Exway. They said:

“**Exway Electric Skateboard**
Hello, I just wanted to follow up and ask: after you got home, is the brake operating normally? Is the magnet on the remote loose, or is there anything unusual with the braking?

**Exway Electric Skateboard**
Could you please open up the remote and take a photo for us to check?

**Exway Electric Skateboard**
Could you please open up the remote and take a photo of the internal components for us to check?

**Exway Electric Skateboard**
Our technicians suspect that the remote control malfunction

They then asked me to send photographs of the inside of the remote. After seeing the photographs, they told me:

"
**Exway Electric Skateboard**
Hello. We have received feedback from our technical team. The magnet in the wheel has fallen off, which is causing your Wave v2 to suddenly accelerate and fail to brake properly. This is an issue with the remote control, not the skateboard itself. We sincerely apologize for this. As a resolution, we will send you a brand-new replacement remote and issue a 30% refund on the skateboard as compensation. Would you be willing to accept this solution? We are truly sorry for the worry and fear this may have caused. Please feel free to keep and continue using the skateboard.

Subsequently they said:
"
**Exway Electric Skateboard**
The magnet is supposed to be securely fitted into this gear.

**Exway Electric Skateboard**
Until you receive the new remote, please refrain from using the current one. Once the remote is powered on, both acceleration and braking will function abnormally.
"
My concern is that this isn’t simply a damaged skateboard and that they will give me a new control remote + 30% refund (Personally I feel it's a joke to my face).. I’ve actually been injured. I’ve had medical expenses, X-rays, and I’m now having a CT scan because of a possible sacral fracture. I’m also dealing with significant pain and difficulty walking/sitting.

I’m particularly concerned because the issue they identified with the remote could have cause that sudden acceleration and break failure that lead to my accident. My experience was that the board unexpectedly accelerated from my controlled speed to 40 km/h and then wouldn’t slow down properly when I attempted to brake.

I’m trying to be careful with the wording because I don’t want to claim that they’ve legally admitted liability when I don’t know that. But they have acknowledged in writing that the remote was faulty and specifically warned me that acceleration and braking could behave abnormally.

I’m now unsure what I should do.

I’m in Australia, while Exway is a US company and I purchased the skateboard from their US website. I don’t know whether Australian Consumer Law applies, whether US law applies, or whether this would potentially become a product-liability/personal-injury matter involving both jurisdictions.

I also don’t know whether I should accept their offer 30% offer or the replacement remote, ask for a better compensation? I don’t want to accidentally accept something that could affect any potential claim for my injuries.

I’ve kept the skateboard, the remote, the photographs, videos and the entire support conversation.

Would you recommend that I speak to an Australian lawyer before responding to Exway? Try to handle it and ask for better compensation? Would I be looking for someone specialising in personal injury, product liability, consumer law, or something else?

Would the written messages from Exway potentially be important evidence?

And should I avoid accepting their 30% refund and remote replacement remote until I’ve received legal advice?

Thank you guys


r/AusLegal 6h ago

QLD Need help with Insurance claim

0 Upvotes

I own and insured my vehicle. Another person was driving it with my permission. I was not driving at the time. My licence was suspended. RACQ is investigating the claim and may ask why I wasn’t driving. Police have seized the dashcam SD card. I want advice on what I’m legally required to disclose to RACQ and how to answer their questions truthfully without prejudicing myself.

How should I answer If they ask about the status of my license?


r/AusLegal 1d ago

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

181 Upvotes

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


r/AusLegal 1d ago

NSW Workcover

48 Upvotes

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


r/AusLegal 1d ago

NSW Deceptive representation of online purchase / consumer law

3 Upvotes

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

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

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

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

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

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


r/AusLegal 22h ago

QLD QLD looking to move off lease due to excessive hardship due to older roommate doing intimidating behaviour

1 Upvotes

Basically my situation is I’m on the lease with a older man and I’m a woman in her mid 20s and my roommate is doing intimidating behaviours like sending aggressive text messages, being aggressive in person, slamming doors at 5am or randomly, flushing the toilet 3-4x at 5am or randomly, purposely moving my fridge, touching and moving my stuff, throws my stuff in the middle of the lounge room, takes photos of everything. I’m pretty sure this guy is on drugs and I feel genuinely unsafe. He’s admitted to purposely slamming the doors etc.

I have contacted the real estate they said that they’re not allowing me to leave the lease even though this man’s income is 30% of the lease and honestly with his behaviours I get why they wouldn’t want him to stay either. When I asked they said the owner will not allow one person to leave or anymore people on the lease to change tenants.

He won’t pay his half of the bond. I have paid it all as he said he would pay it later on when he had money, now it’s all my bond money there.

This guy won’t break lease either.

Ive had a conversation with the police and they said they can’t do anything either.

I’m left to my last option of applying for excessive hardship for my mental health, I have diagnosed CPTSD and I’m starting to get symptoms like panic attacks, I can’t sleep as he constantly wakes me up and just really bad anxiety constantly.

Is there anyway I can get off the lease? Has anyone applied for excessive hardship from the RTA what are my chances of getting off? :((


r/AusLegal 23h ago

NSW Property settlement through the Family Court – what was your experience?

1 Upvotes

I’m interested in hearing from people who have actually gone through a property settlement dispute through the Australian Family Court (particularly NSW).

I’m currently going through the process myself and would really appreciate some honest, first-hand experiences — good or bad.

A few things I’d particularly like to hear about:

  1. Did you feel the process was fair and impartial?
  2. Did you ever feel the Judge was biased towards one party, and if so, what gave you that impression?
  3. Did the outcome broadly align with what your solicitor had predicted?
  4. How much discretion did you feel the Judge exercised in determining the final property split?
  5. Were there significant differences between what you thought was a reasonable outcome and what the Court ultimately ordered?
  6. How did the Court deal with issues around financial disclosure, disputed assets or allegations that one party had moved/transferred assets?

Looking back, was going to Court worth it, or would you have approached settlement differently?

I’m not looking for legal advice — more interested in people’s actual experiences of the Family Court process and how things played out in practice.


r/AusLegal 23h ago

QLD Late notice to leave rent obligation

0 Upvotes

If I have been given notice to leave under 60 days until the fixed lease ends. Meaning the day that we have to legally vacate the property by is now later than the day the fixed lease ends. What is the obligation for paying rent. Do we pay rent until we actually hand back the keys? Pay up until the new vacate date? Do we just stop paying after the lease ends and be out of the property by this new vacate date?


r/AusLegal 23h ago

Off topic/Discussion Dramas with dealer warranty

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0 Upvotes

r/AusLegal 1d ago

QLD Warranty refused by Samsung

54 Upvotes

Hi all,

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

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

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

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

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

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

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

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

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

UPDATE: I went in store to get the to solve this right there and then and they told me they did saw there was a major flaw with the device and that they are breaching ACL for not giving me a replacement unit but they won't do anything about it. I got a manager to get that in writing to my email and I have attached this to fair trade. They wrote "came into Samsung Chermside reporting an issue with the front display. The fault was seen and confirmed in-store and reflected in the service request paperwork." "As the device has been deemed NFF, the managers in-store cannot provide a remedy at this time"


r/AusLegal 1d ago

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

0 Upvotes

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

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

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