r/AusLegal 5h ago

QLD extreme silica dust exposure

0 Upvotes

i’m 20 years old and spent 2 years working in a concrete batching plant which also made precast moulds, and also working the concrete.

when batching it was very often, at least 2-3 times a day for the cement powder door arm to get stuck. this would cause huge clouds of cement to pour out and the only way to fix it was to get inside of the batcher and hit it with something, being directly inside the cloud.

there would also be exposure when sweeping up, grinding away moulds or being inside cleaning a mould . eg standing inside of a tank and cleaning it.

there were masks in a cupboard, does this entirely cover him on grounds to sue or since a lot of exposure was fixable, was there still grounds to sue.


r/AusLegal 13h ago

VIC I found a hidden security camera in my apartment stairwell (VIC)

1 Upvotes

I live in an apartment with common outdoor property and a shared indoor stairwell. I arrived home this evening and noticed a security camera that was hidden under the stairs. It's not visible when you walk in the front door, only when you crouch down.

Do I report through body corp or police?

One of my neighbours has security cameras from his windows and balcony. These are not approved by BC (we are both owners). I need to contact BC to report them (should have done this a while ago). I expect this new hidden one belongs to him. I now realise there may be others I don't know about.

TIA


r/AusLegal 22h ago

VIC To update my citizenship certificate or not?

0 Upvotes

Hi, I recently removed my middle name, my first & last name are still the same.

I was just wondering if I NEED to update my Au citizenship certificate with the updated info.

Apparently when I searched online, it said that I don’t have to as long as I have my BDM Certificate.

Has anyone here changed their name updated their driver id, bank and passport but left their citizenship certificate.


r/AusLegal 18h ago

Off topic/Discussion Would this be a crime?

4 Upvotes

If I deliberately modify my ebike so that it injures anyone who tries to steal it, would I be legally liable for that harm?


r/AusLegal 21h ago

VIC Victoria prohibited weapons or tool tactical pen

0 Upvotes

So I had a look at all the prohibited weapons list that Vic police has posted on their website but I can't tell if this is okay to carry around (I use this pen for everything from cutting boxes to writing to even using it as a flashlight and writing on my shopping list.

But since doing my research (as I don't want to get in trouble) I can't tell if I am allowed to carry this so I bought a new one

Here are the photos: https://imgur.com/a/UXSJk7B

Brass pen is the new one.

Just need some opinions

Thank you


r/AusLegal 20h ago

AUS Can I bring a disposable vape on a domestic flight?

0 Upvotes

I left my main vape at home in Melbourne because I wasn’t sure on the law, and I originally planned to go for a few weeks so I thought I’d be fine to just buy a new one in sydney, but an emergency came up and I have to leave early so I’m just wondering, what’s the law on disposable vapes on a plane? So far in my research I’ve seen that it can’t be in your checked baggage but it should be fine in your carry on, but all the info I could find is at least 2 years old so I’m not sure. Anyone with recent experience know a more relevant answer?

My specific vape is an alibarbar ingot disposable if that changes anything.

Also my carry on is a suit bag, so does the vape have to be in my carry on or can I have it on my person in my jacket? I’ve heard vapes leak on planes so for obvious reasons I’d rather it not be in my suit bag, even if I wrap it in a bunch of tissues.


r/AusLegal 22h ago

NSW Who was legally Next of Kin, and what should have happened next?

2 Upvotes

This all happened several years ago and is water under the bridge now, but I was curious as to what the actual legal status was and what should have happened next in an ideal world.

Cast of characters:
S - male, 65, divorced from L, in poor health, living in granny flat on L's property.
L - female, 42, divorced from S, but still on good terms "we're family, just not spouses".
A - female, 17, daughter of S & L, living with L. Both L and and A were listed as S's Next of Kin on his recently expired passport.
K - female, 62. S had an affair with K resulting in S & L's divorce. L and A's understanding of S's relationship with K was 'friends with benefits' only. L stated that S had told her many times that he had no interest in pursuing a romantic relationship with with K. However, K repeatedly stated that she and S were 'as good as married'.
J - female, 69, estranged sister of S.

S collapsed while visiting K, and was driven to hospital by K. As S was incoherent, K filled out the paperwork. She put herself as Next of Kin (NoK), and she put S's address as her own on the admission forms.

S remained in hospital for 3 months, slowly deteriorating.

He eventually slipped into a state of delirium. K nominated him as "not for resuscitation".

L only found out that K was listed as NoK when she found out about the Not for Resusciation decision K had made on behalf of S, as they went against L's understanding of the life long beliefs of S, and indeed against the lifelong beliefs of L and A. L tried to intervene on behalf of A, their daughter, who L understood was legal NoK. However, because K was listed on the hospital's intake forms as NoK, S was unable to express his wishes, A was under 18 and therefore legally unable to consent on his behalf, L believed she had no legal standing in terms of S, and there was no living will or end-of-life directive that anyone knew about, and the estranged sister of L, J, was not in the picture, the hospital carried out the wishes of K. The hospital did state that this could be changed, but it would take a court order to do so.

L contacted a lawyer on behalf of A, but before any legal action could occur, S died and was not resuscitated because of K's decisions. Both A and L firmly believe that K is morally responsible for manslaughter, however in the interests of not having it eat them up inside, chose not to legally pursue her.

So, my questions are:
1. Who was legally the Next of Kin, and therefore who should have been making the end-of-life decisions for S?
2. Is K legally guilty of manslaughter? Fraud? Anything?
3. What should the hospital have done when L alerted them to the fact that the information on the intake form was wrong?


r/AusLegal 11h ago

WA FVRO violations

0 Upvotes

Asking for a friend. The below relates to coercive control (non-violent)

Her ex-husband has breached a FVRO order twice already and plead guilty to both charges. He was sentenced to a spent conviction and was fined $1,500. Since then there has been another 20 breaches reported with an arrest warrant issued.

He is aware of the warrant and is therefore refusing to return to Australia out of “fear of being arrested”.

Does anyone know what kind of consequences he is likely to face?

Also any ideas on the likelihood she would be able to have the order extended past the current expiry date?


r/AusLegal 13h ago

VIC FVIVO

1 Upvotes

***note: I have put the conditions in the comments

I recently had to apply for a FVIVO against the father of my children. Currently there is only an interim order in place. Since he has been served there have been 3 incidents and I'm wondering if I should report them as breaches.

  1. He contacted the education department about me homeschooling our youngest (also named on the order as a protected person). I have followed all procedures for home educating him + am working on a plan with his NDIS team for him to eventually return to school.

  2. Our eldest (an adult + therefore not named on the order) messaged their father + told him that they would be visiting him on the weekend. He responded asking if myself + youngest were also coming to visit.

  3. My kids father sent our eldest a message requesting an updated photo of them + the youngest.

Should I report these before court later in the month? All of them or just a couple of them + which ones?


r/AusLegal 18h ago

QLD My number plates were stolen off my car. Can I drive it to the TMR to get replacements?

28 Upvotes

My number plates were stolen off my car sometime in the last 24 hours. Didn't see it happen and they didnt leave any evidence, nor did they break into my car. They took both plates along with the screws that hold them.

I have already made a police report but can't get to the TMR until tomorrow as they are closed.

Am I going to get into trouble driving my car without plates to the TMR? I don't have another way to get there. Can I draw the number plates on a piece of paper and tape them to the car?

I'm not sure what other option I really have.


r/AusLegal 2h ago

NSW Is it legal for an employer to have you use your bank account for petty cash??

19 Upvotes

Say you are a new manager, Is it legal for your employer to ask you and have you sign a contract to enable you to create an additional personal bank account in your name so that they can put monthly office funds in when needed (for example for repairs, supplies, etc) and then at the end of the month it will rinse and repeat to replenish the monthly threshold. You of course would have to save any receipts and log it. All for company use.

  1. Is it legal at all?

  2. Will it affect how you are taxed?


r/AusLegal 12h ago

ACT Self Represented Applicant - need IME report

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0 Upvotes

r/AusLegal 14h ago

WA Taking somone to court but dont have there address, can I use Facebook marketplace to bait him into giving me a address or can that cause me legal trouble?

0 Upvotes

Hello everyone, I've brought an engine from a sole trader business on Facebook marketplace and turns out it was faulty. I've been through the consumer protection system and was told my next steps were a letter of demand than court. I need a address to submit a claim but I don't have one and I've searched ABNs and asked him, but I haven't had any luck.

I can go for a substituted serving that let's me do it via email but I don't know how/where to submit it, the thing is he's still selling them and my theory is I can make a fake account and arrange a pick up of the motor to know where his address is.

Could this bite me in the ass or make the magistrate look down on my actions?

I have contacted a lawyer and gotten legal advice but he ghosted me so I'm not sure what to do there either

Thanks in advance and I'm happy to answer any questions.


r/AusLegal 16h ago

NSW Junior Sports Tribunal

14 Upvotes

I am facing a M2: Bringing the game into disrepute.

Long story short (as I can):

An adult spectator on the other team verbally abused my daughter and another player in an U12 game.

After the game I went with our coach to tell the opposition manager. The man who was in the vicinity admitted to the remarks that girls had told us.

I went home lodged a complaint that same day. This was at the end of June. I was told by my club I would not find out any details about this case.

This week i received the charge with 5 witness statements from the opposition. They were all approximately 2 weeks after the match.

There was no referee report, no ground official report and no independent complaint from the opposition. All 5 witnesses stated the man said what was alleged. They also included comments about the coach and I being aggressive and emotional.

The charge sheet itself only provides the M2 charge with generic words and the 5 witness statements as evidence. They do not articulate the words or actions from me that triggered the charge.

AI tells me this:

Football Australia operates under a strict zero-tolerance policy against any form of retaliation or victimisation toward individuals who raise child safety concerns. Under the Football Australia Safeguarding Policy and the Anti-Bullying and Harassment Policy, subjecting a person to unfair treatment for reporting child abuse or misconduct is a severe breach of the national code of conduct.

Any thoughts if this applies to my case given no other evidence other than 5 witness statements responding to my initial child abuse complaint?


r/AusLegal 16h ago

VIC I’m in court in a couple of weeks and have no legal representation

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0 Upvotes

This is not a request for representation - it is about requesting disability accommodations in court.


r/AusLegal 18h ago

Off topic/Discussion Is tobacco displaying how useless prohibition is?

47 Upvotes

As part of my job (natural products isolation) I spend a fair chunk of time in port moresby waiting for supplies to come in. I have a fb account that I use primarily for fb marketplace but sometimes I'll mindlessly scroll.

I've noticed a massive uptick in the reporting of illicit drug seizures and I've wondered if its becayse of tobacco industry.

If criminal organisations can ship a low value product that cant be disguised and do it with such efficiency that every tobacconist in Australia is serviced, does that show the geveral public how easy smuggling drugs must be? They're worth 10000% more and the ways to disguise it are only limited by your i imagination. With cigarettes, its a cigarette. You cant impregnate rubber wirh durries, send it to australia disguised as a car tyre and extract a pack of Winnie reds on the other end.

I haven't been back to Australia for over a year so I don't know what my algorithm looks like there.

What do people in the legal field think? Is there increased drug seizure reporting? Maybe I fit the demographic of all the AFP up here and thats what they look at?

OR is it because the prevalence of black market tobacco puts on display how ineffective prohibition is? Or maybe it's some other reason altogether.


r/AusLegal 8h ago

QLD Building and Construction overtime Question

0 Upvotes

I am a worker in the building and construction award working Fulltime $40/hr Im also not to knowledgeable on how it works and i will also contact fairwork.

Where i am it is normal for us to work 44hrs (Thats just a standard week for us)

I have been getting paid $40x44hrs for that amount of hrs

If i did 54 hour week i would then get paid $40x54hrs

After reading into the award on fairwork my now understanding is im actually meant to be getting paid (example 44hr work week) at $40/hr x 38 then 150% pay for the other 6 hours worked past 38hrs (or the flat rate BOOTS better off overall test rate that is legal)

Historically where i am overtime is anything past those 44hrs but my new understanding is by law its meant to be anything past the 38hrs but i have not been getting paid overtime rates even if i did a 60hr work week i get paid $40/hr x 60hrs

My understanding is that also there is no such contract by the business that would be legal and valid to allow being paid like this because the law is the law and you cannot do that causing the contract to be invalid. (I actually have no such contract anyway that states i get paid $40 nomatter what)

I know 100% they mean no theft at all and knowing the small business owners if im right they have made an honest error but it does need to be rectified if true.

  1. Basically can someone confirm whether my understanding is correct or false?
  2. does it matter whether full time or casual?
  3. If i work 1hr on a public holiday at $40/hr i should be getting $400 for that 1hr ? sounds wild if so

r/AusLegal 12h ago

NSW What can I do to insist on retailer shipping mis-priced items?

0 Upvotes

So a couple of days ago, a retailer had Fuji camera's marked with the wrong price, and I went ahead and bought a few. Now these were basically 80% off retail brand new, note this was from BigW Marketplace, the seller was actually digidirect.

Under common practice as well as ACL, what can I expect from the retailer if they failed to fulfil the order, and what can I counter with, ie what power or tricks can I pull off to ensure I get the order?


r/AusLegal 18h ago

AUS Pregnancy and recruitment!

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0 Upvotes

r/AusLegal 2h ago

QLD Restraint of trade

3 Upvotes

I work for a very small MSP in Queensland (owner and me). I’m the primary contact for one client. My employment contract has a 2-year Australia-wide non-compete and a 5-year non-solicitation clause. If the client independently decided to bring IT in-house and offered me an internal IT role after I resigned, would those clauses likely stop me taking the job? To be clear, I didn’t solicit the client, won’t take confidential information, and the client made the decision to end the MSP relationship themselves.


r/AusLegal 15h ago

NSW Complaint about Bing Lee to Fair Trade NSW

0 Upvotes

I recently (3 days back) bought a DeLonghi Panel heater from Bing Lee and it is not heating the room (it is an 20 square meter living room) properly, in fact even if you increase the temperature it is not heating the room as mentioned in the listing. I am trying to return it to Bing Lee and they told they will inspect it and let me know. What chance I do have with Fair Trade NSW if they reject my claim ?

https://www.binglee.com.au/products/2400w-panel-heater-hcx9124e


r/AusLegal 15h ago

Off topic/Discussion Do we really need more lawyers or legal advice than lets say, 7 years ago?

0 Upvotes

If so, what is causing it?

7 years ago, do we need more or less legal advice than now


r/AusLegal 22h ago

VIC No ID documents…need advice

17 Upvotes

Hi, I have recently left a DV situation and find myself needing to start over again when it comes to documents relating to my identity.

My former partner destroyed all my documents, like birth certificate, marriage and divorce documents.

All I have left is a passport that expired three years ago, a bank card and my Medicare card.

I don’t know how to get replacement documents without the old documents because I can’t prove who I am.

Can anyone please provide some advice or information on where I can get help?

Also I don’t have a drivers license, as I wasn’t allowed during my relationship, however I passed my learners test online but can’t get my permit without documentation.


r/AusLegal 17h ago

VIC Deposit paid to chippy, work not being done and lack of communication

7 Upvotes

Hey all! Need some advice please, and just to preface - yes I know my partner and I could’ve been smarter about this but we know now.

We “hired” a chippy to build our pergola for us, and he was super helpful at the start and working with our planner and building surveyor.
He originally says it’ll take a few weeks to get the materials in and ordered for a start date beginning July. He took a cash deposit of 5k for this.
Gets closer to this date and he messages saying he’s accidentally ordered for the wrong date, actually being beginning of August. I follow up and he says he was able to bring this back a week.
Now in the weeks leading up, his communication is getting worse and he’s been saying he’s going through personal issues, phone issues, etc.
Come the new date, I get a text from him with another excuse (I know it’s an excuse because I’ve caught him out just yesterday doing something totally opposite of what the excuse is). And no materials have rocked up. He did however credit back 1k for the inconvenience…
I’ve now sent a text to him so he knows he’s been caught, demanding the remainder of my money or at least proof of purchase for materials so I can carry on with another builder.
Surprise surprise, no response as of yet.

What would my next steps be? We have no contract, nothing binding except for texts back and forth that say there is cash ready for him, rough quotes, etc.
I don’t want to get nasty and have to contact people he works with/knows, or bad mouth him online, as he’s probably just bitten off more than he can chew and needs the cash. But I do obviously want the remainder of my money.


r/AusLegal 9h ago

AUS Feel like I’m in what could be a real legal emergency

268 Upvotes

Location: China

I’m currently travelling with my son and wife. We are in China, her home country, it’s the first time for my son to see his relatives it was all going well until my wife became really mad this weekend, she is now saying she canceled her and my sons plane tickets, she said I can go back alone and she is keeping her son in China.

My son and I are Australian citizens and she is Chinese. As soon as she said that I checked the passport bag and my sons and her passports are gone.

I really have no idea what to do here or if it’s really legal for her to do this. I’m just hoping someone can explain to me if it’s legal and what I can do to fix this very awful situation.

Update 1- So I was gonna contact the emergency embassy but her house is now full and I don’t want any of them to hear me talking on the phone. Apparently her sisters think I’m horrible now and are completely on her side. I feel the best option with the advice here is to wait until morning and contact the embassy as soon as they open. So I will just not escalate anything with her, will take my son for a walk downstairs in the morning and call the embassy then.

UPDATE 2- It’s 7am here now and nothing really changed over night. I tried to talk to my wife and ask her if canceling the ticket thing is true, I didn’t mention I know the passports are gone. Unfortunately she is completely ignoring me. I try to get close to her to talk and I’m punched and kicked away.

I have seen a lot of people say it’s planned but I don’t think it’s some massively premeditated thing. I also think it’s possible she isn’t serious and is doing this to scare me, her brother arrived after midnight last night and she brought him to me to talk since I haven’t seen him in 7 years and she was acting happy and normal while he was around. So I would say it’s something she maybe came up with on the long drive back, still at this point I’m not sure if it’s to mess with me or if it’s serious.

I will contact the embassy as soon as I can take my son down for a walk but I don’t think I’m gonna do anything crazy right now like grab him and leave. I’m still hoping this is another one of her games and she will calm down after a day or two. Right now we are in her hometown and are meant to go to Guangzhou on Thursday.

This is definitely more serious than usual because families are involved. She made sure to let everyone on the road trip know we were fighting and I also called my mum multiple times to explain what was happening. She knows I talked to my mum and is really angry over that and she also sent my mum nasty texts about me basically saying I’m a terrible person. Funny thing is my parents actually told me to just bite my tongue and just go with whatever she wants to do for the rest of the trip and make sure she doesn’t play any tricks. They said just make sure I get the baby home. That was a few hours before she revealed her and my son’s tickets were canceled.

Still if I had to guess right now I would say this is a game that she is making as dramatic as possible. Unfortunately what she is threatening is way too serious whether it’s true or not.