r/AusLegal • • 4h ago

ACT 40hrs work week

4 Upvotes

Hi all just wanted to check what are the legalities of the permanent 40hr work week. Our company now expects us to do 40hrs per week permanently, just based on a roster schedule we signed on our contract. But there is a clause in our contract that says we are to work at least 38 ordinary hours, next clause says that company may require us to work additional hours depending on business operation needs and that we are already compensated based on our award rate(which is also included in the roster schedule paper we signed) I just want to understand if the roster schedule overrides the clause in our contract.


r/AusLegal • • 2h ago

NSW Red light / speed camera glitch?

2 Upvotes

Hey everyone, just looking for some advice. Last night, I was stopped at a red light waiting to turn right into a side street. The light was green when I went through, and I was travelling really slowly, definitely under 10 km/h in a 70 zone. The camera flashed, and I’m confused because I didn’t run a red light or speed.

I’m on my red Ps, so I’m a bit stressed about potentially losing my licence. Has this happened to anyone else, and did you end up getting a fine? Also, if I do receive one, what’s the process for appealing it?

didn't add that I was the only one on the road!

Any advice would be appreciated. Thanks!


r/AusLegal • • 2h ago

AUS How long to an undefended final hearing once the other parent is a no-show? (FCFCOA, Brisbane)

1 Upvotes

Hi all, hoping someone who's been through this recently can give me a realistic idea of timing.
My lawyer has filed for final parenting orders in Brisbane, I'm asking for permission to relocate overseas with my son (15). Lawyer has been great, but is hesitant to give me guidance on timing.
My son’s father is completely absent and he’s ignoring correspondence. I'm not expecting him to file a Response or turn up.
My question is, once the court is satisfied he's been served and isn't going to take part, how long does it usually take to get to an undefended final hearing and final orders?
Also is a Child Impact Report ever ordered for this kind of international relocation request when one parent doesn’t want anything to do with the child (and if so, how long does that take)?
Thank you


r/AusLegal • • 5h ago

VIC Legal costs disclosure:

1 Upvotes

Is it common to have a 'Charge securing costs' clause that states the lawyer is 'entitled to lodge a caveat on the title of x property restricting transactions with the property until our costs are paid'?

This property was a house I once lived in; I have no title interest in it. The address came up in initial conversations when my id was verified. Am about to sign the contract...


r/AusLegal • • 1d ago

TAS Can my work ask me to come in and clean unpaid before each shift?

164 Upvotes

Being pressured alot to come in to clean the store before my shift but I'm already so tired and it's more than two hours just to do the floor


r/AusLegal • • 13h ago

VIC Unpaid overtime rates from 2021

3 Upvotes

I had been employed as a casual at a catering company under the General Hospitality Award since 2021. During 2021-2022 I was doing multiple 40-50 hour week shifts since the period was so busy, understaffed and was only able to end shift whenever all of the tasks were finished. I was paid base and penalty rates for all of my overtime hours, but none of the 1.5x/2x overtime rates.

Is it possible to receive backpay on those rates from 2021? They started paying overtime rates properly mid 2022. I’m also worried that it is too late to follow up on this. Thank you!


r/AusLegal • • 13h ago

WA Apprentice Contract

2 Upvotes

When I first started work with a company, I was signed on as a “Apprentice” in WA, but I only signed a contract with the company and not a RTO. Here if you dont sign a contract with any registered training organisation, the contract is void.

I went to fairwork about it, they did say it was a breach of guidelines, and they contacted the company but they denied fault.

Story short, got signed on with a RTO a year later. i calculated the backpay and it was $10k (I have a specific number from my payslips.

I think my only option is small claims, and Im pretty sure I cant get a lawyer for something like this. What are my options?


r/AusLegal • • 1d ago

NSW Roundabout accident

11 Upvotes

Last week I was turning right on a 2 lane round about, entered from west in the right lane, exited to south in left lane (changing lanes after the apex of the roundabout) and the other vehicle entered from east to turn south and collided with the trailer I was towing.

Normally I would stay in the right lane but, I used the left as I needed to exit the road about 50m after the roundabout and, with the assumedly correct knowledge of the rules that all vehicles entering a roundabout must give way to any vehicle in the roundabout.

Am I correct in the fact the other driver is at fault? I've searched through previous posts here and believe I had right of way.


r/AusLegal • • 13h ago

NSW ICL (children’s lawyer) question.

0 Upvotes

My child is 7 and seeing an independant children’s lawyer for an interview. This isn’t a court ordered family report, that’s been done so now ICL wants to meet our child.
Has anyone been through this? Is it same as the family report? More/less?


r/AusLegal • • 23h ago

AUS Ask for Suggestion for former violent disgruntled employer

6 Upvotes

Hello. Seeking advice regarding and event that happen to me. In 2024 I finish work at a place and one worker was finish up in 3 months decided to follow me in another venue early as i offer him the position if i started and have a position for him(he was casual).

The owner when full berserk threatened me. I block him anywhere an forget about it. Flash forward to today he did a fake profile on FB find me and went again berserk but this now heavily saying I should "off" myself (as diagnosed manic depressed is a huge trigger). He will pay visit to my wife and mother to sexually assault them and wish horrible death in graphic manner for the rest of my family. Now he is a violent man with severe drug abuse problem so my wife and family suggest to do nohtin because he is insane but he is a threat not only to me but to the community and workplace for my ex colleagues. I am also pretty sure he commit fraud on visa and business but I dont have proof of that. I only have 4 pages of vile threat.

Any suggestion is appreciate, I am just gathering information for now as I want my family to be safe as it is my priority.


r/AusLegal • • 3h ago

NSW Drug and knife charge. Help settle my friends fears.

0 Upvotes

Evening folks

I have a friend who has got themselves into a spot of bother. Their car was searched and the cops found methamphetamine and a small knife without a valid reason. Its their first offence. He is approximately 40 years of age. He works in the education sector.

He believes he will receive a criminal charge.

He believes he will loose his position.

How likely is it that an employer needs to take action against someone with a knife charge, I'm confident it should be zero as the person is not violent.

If it is his first offence can you see a criminal charge coming?


r/AusLegal • • 3h ago

VIC Not at fault but my insurance doesn't provide a hire car. What are my options?

0 Upvotes

Hi there, my car was damaged by a truck, and the driver has admitted fault. Unfortunately I was stingy and didn't pay for hire car as part of the policy.

I have contacted the other party's insurance but I'm not sure what chances I have. On principle I think I have a prety good basis: that I should not be disadvantaged due to someone else's poor driving. In practice.. has anyone been in this position?

Thanks!


r/AusLegal • • 15h ago

VIC Bullying and Vilification in Vic Govt. Department

0 Upvotes

I am working with one of the state government departments in Victoria. I called out protectionist attitude of the contract manager towards one of the major vendors. I suspected corruption as they wouldn’t let the vendor go despite performance issues with the vendor flagged for years. There are others who know that the contract manager is corrupt but won’t come forward and say openly for the sake of their jobs.

Ever since I raised a flag about this protectionist attitude, I had a target painted on my back. My manager who works closely with the contract manager and the two report to a senior leader who all seem to be colluding. Who knows how far the gravy train goes. Despite a stellar performance, my manager marked my performance down and took my team away from me. To make things worse, he does bugger all himself. This is related to the emergency management on Victoria and due to his inability to comprehend and act, the services are suboptimal and quite poor in some cases.

I escalated to the top management about this bullying and vilification and their attitude has been “it’s all fine, nothing to see here”.

I continue to report to this excuse of a manager and the bullying continues. What are my legal options here? I escalated to the Minister but they all seem to be busy with the election.


r/AusLegal • • 1d ago

NSW Commercial property has lights bright led lights on all night surrounded by residential low rise apartments.

7 Upvotes

Basically a 24 hour gym has their lights on all night for their carpark. A few of the lights are outside and point directly outwards, while some are just their semi undercover parking lights.

It’s super intrusive on the bedroom of my property. What’s the best step to getting this fixed or and I basically fucked.


r/AusLegal • • 17h ago

VIC Redundancy Question

1 Upvotes

I have a question regarding redundancy payment.

Employer has deemed jobs redundant that affects over 50 positions, there are cases of individual work 'areas' seeing cuts to numbers where employees may apply for a redundancy. Area A is seeing a loss of 2 permanent positions though 3 people would happily apply for redundancy, area B is seeing a reduction of 2 positions that ultimately dissolve that role entirely and the 2 people affected would happily redeploy instead of having to find another job. There is the case of a 'false' redundancy if 3 people go from area A and are immediately replaced with a worker from area B. Can the false redundancy be avoided in any way seeing that everyone involved would be happy with the changes if the people who want to leave are given the opportunity to do so and people who want to remain employed are given the same chance. Feels like a win win for those involved but that false redundancy looms over head.


r/AusLegal • • 1d ago

QLD QLD car bought through the seller’s brother’s dealership and missing SRS fuse and covered airbag light

4 Upvotes

I bought a 2005 Honda Accord Euro for $6,500 in Queensland. The disposal date was 27 September 2026, and it came with registration and a safety certificate. I understood it as a private sale, but the seller sold it to me through his brother’s dealership, so I’m unsure who legally counts as the seller.

Less than a week after purchase, mycar inspected it and found airbag/SRS fault codes. I subsequently found the required SRS fuse missing and what appears to be tape covering the airbag warning light.

After fitting the correct fuse, the power-supply code disappeared, but codes remain for internal SRS control-unit failure, a side-airbag circuit fault and no communication from the passenger-seat detection unit.

The current odometer is 976 km above the reading on the safety certificate. I commute a long distance to university, so this is increasing quickly. I haven’t confirmed whether the certificate reading matches the purchase-day reading.

I have photos, an ignition-on video, scans, seller messages and the certificate. A specialist hasn’t independently confirmed the apparent tampering yet. I’ve changed the oil/filter and replaced the fuse, but haven’t repaired the underlying SRS faults.

  • Does the dealership’s involvement change my rights compared with a private sale?
  • Should I get an independent written report before contacting the seller or roadworthy issuer?
  • If concealment is confirmed, could I seek repair costs or cancellation of the sale?
  • Given the dates, kilometres and fuse replacement, should I contact TMR immediately?

TL;DR: Bought a $6,500 car through the seller’s brother’s dealership on 27 September. mycar found SRS faults within a week; later found a missing fuse and apparent tape over the airbag warning. Currently 976 km above the safety-certificate reading. Seeking advice on evidence, sale status and QLD remedies.


r/AusLegal • • 1d ago

QLD Please help! AFCA Decision needed today

23 Upvotes

Hello!
I have to make a decision about whether or not to accept the bank (NAB) settlement offer of $7,000 today or to proceed to determination. I need your opinions/advice. Quick summary - I paid a tradie over $24,000 for work/materials that were largely not delivered. I called up my bank NAB and reported the transaction. NAB explicitly assured me on a recorded call that my funds would definitely be recovered, either through NAB or the receiving bank. They have accepted this was their mistake.

I relied on that assurance and delayed independent debt recovery (8 months ago) because I was explicitly told by NAB that the funds would be recovered and I would not need to engage any one else to recover them. They were unable to recover them and now the tradie is no longer In the same state or locateable. A debt collection agency says it would previously have taken on the debt with high recovery prospects but cannot proceed now without a current address.

My claim is about the recovery opportunity lost through relying on NAB’s assurance. NAB has offered $7,000 as a final settlement, and AFCA’s case manager thinks a determination is unlikely to award more. The AFCA preliminary findings were in the bank’s favour.

Has anyone had a similar situation??


r/AusLegal • • 1d ago

VIC Fine dispute

3 Upvotes

I have been told about a fine I have that has turned into a warrant. I was never handed a fine originally but fines.vic is saying I was. Fine is for failure to control a motorcycle with an obstructed view or pet/person on my lap. Rego associated with fine is for the ford ute I owned at the time. I never had an obstructed view or anything in my lap but I did crash my ute the day before the date of offence. Spoke to police when that happened but no fines or anything and left with a friend who towed my Ute. Today is the second time I have submitted an online enquiry but fines is saying I didn’t submit the last one.. Any advice on what I can do would be greatly appreciated. Thanks in advance.


r/AusLegal • • 21h ago

NSW my workplace is criminally bad. would escalating things be wrong?

0 Upvotes

I will try to be brief but will elaborate if needed. I'm sorry if this doesn't quite fit here. I couldn't find a better sub and I need Australian-centric advice.

I work at a small business which is prominent in a small but recognisable industry. The industry relates to a hobby/avocation and not to my degree. I have been working there as a casual for well over five years. I love my job and I care about the customers.

The business is on extremely shaky ground. General retail downturn combined with an unforeseen 'natural disaster' that affected our business. I speak to people on the phone all day who have been affected by that natural disaster.

Business has a few issues:

I have never been paid to award, and have never been paid casual loading. My dad has worked at the business for 10+ years and he has likewise always been underpaid. At the moment the boss pays him with prepaid credit cards for the occasional shifts he does.

Boss' son has been bullying another coworker in a way that really worries me. Have emailed the boss about it. Total brush off.

Numerous OH&S issues. The most worrying of these issues is a chemical exposure which I have repeatedly brought up. I had a conversation with the boss today when I kept trying to explain that small repeated exposures of the stuff cause kidney failure and he just kept disagreeing with me. It's like there's always a vague counter-example that he can use to ward off the truth, voodoo style, but it has the effect of me repeating myself until I feel like I'm in the wrong for bringing it up. But I am not. The shit is dangerous! Once the chemical was all over the kitchen table and I wiped it off and they all kind of mocked me for being an 'old woman'. The overall process has been that I've always been minimised/disagreed with when I brought up the hazard. It makes me the 'odd one out' and is just weird and seems really dysfunctional.

The other day, I had a conversation with the boss that was the straw that broke the camel's back. I ended up writing a long message to our work chat outlining all the issues I have. Work meeting is called.

Work meeting ended up being dominated by another casual employee. Risk is just part of small business. **Being underpaid is just part and parcel of small business these days, too, so maybe I should get a side hustle.**I kind of assumed that since she comes across as a cross between Rupert Murdoch and the lady from the Devil Wears Prada that other employees found it as ridiculous as I did, but no, today the boss basically told me he agreed with her.

On the new roster, I have been cut down to one day a week. I have a loan. I have my nut to make. Boss says the one day a week is because I need a 'rest'.

I consider the boss a friend. I think he is too stressed to think straight and he needs an intervention for his micromanaging. But the one day a week is pretty hard to deal with.

My questions:

I am worried that reporting will hurt the business/customers. Should I be worried about that?

If I leave the issues unreported, am I to blame for a future accident or illness?

If I report them, am I to be blamed for whatever happens to the business?

Have I reached the stage where I'm obliged to go to Fair Work?

Is there any chance of me being able to recover lost hours (I am just a casual) or money through Fair Work? I'm concerned that going this route will destroy my relationship with the business and the customers. On the other hand, I've been underpaid. I have discussed the underpayment with my boss verbally in the past but of course nothing is on paper. How likely am I to recover underpaid wages?

Is reporting safety issues to SafeWork likely to be useful at all? Ditto psychosocial hazard. Can my employer be obliged to deal with these things in some way? The business is enormously disorganised and dysfunctional, but does this constitute a psychological hazard?


r/AusLegal • • 2d ago

QLD Boss makes us take break while he drives between jobs.

74 Upvotes

We work in a trade, often travelling between two jobs often 40min apart. Is it alright for my boss to ask me to take my unpaid break while he drives between jobs? I'm in the passenger seat, not doing any work tasks, just chatting or on my phone. Just curious


r/AusLegal • • 2d ago

NSW Police Welfare Check NSW

52 Upvotes

If a welfare check is requested by a family member, do the NSW Police need to make continued attempts to sight the person?

A little backstory; my dad and I had a falling out approximately 2 years ago and have not spoken or seen each other since. I kept an eye on him on social media and this man posted everyday. In early July I noticed he stopped posting on all social media. About 2 weeks go by and he still hasn’t posted anything and I had this odd nagging feeling that he had passed away. I called the NSW Police and requested a welfare check. I should note that I also got in contact with a “friend” of his who also called for the welfare check as well. The officer I spoke to told me that there had been an incident involving my dad 3 weeks earlier and they did not believe a welfare check needed to be conducted. I asked if they could confirm he was alive and they said to me “he is probably just laying low due to the incident, but we cannot give any further information.”, and they would not tell me anything because we are “estranged”. I took this as he was alive and may potentially be in jail. Then 3 September rolls around and I get a call from NSW Police advising me they have found my dad deceased in his apartment and they believe he has been dead for around 3 weeks and only knocked his door down because neighbours complained of the horrible smell. (I live in QLD which is why they notified over the phone). I raised that I had called for a welfare check weeks before and how does this happen. The officer apparently investigated this and said the check was conducted but they never sighted him and had no concerns for knocking his door down. His last outgoing text on his phone was 15 July and he had missed calls from 17 July onwards for around a week after that, and his last transaction in his bank was 15 July, so I believe he passed shortly after 15 July.

Anyways, from my understanding, I thought if someone requests a welfare check, let alone two people requesting it, the Police would be required to try and make contact with this person over a course of a few days until they are sighted?

Obviously if they had gotten into his apartment when I requested the check I know it wouldn’t change the outcome of my dad passing, but if he wasn’t sighted after a couple attempts and was found sooner, then his body would not have been rotting for 6+ weeks.


r/AusLegal • • 1d ago

AUS Am I being underpaid???

6 Upvotes

I’m currently being paid $25 an hour part time.
The following is a list of some of the jobs I do, I am under the clerks award being paid as a level 4 and 19 years old.

(Please let me know if this isn’t the right place to be posting this)

Clients and customers
-First point of contact for clients, suppliers and field staff
-Manage incoming calls and emails
-Respond to client queries and invoice disputes
-Onboard new customers and set up accounts

Quoting and sales
-Assist in preparation of quotes and tenders
-Source supplier pricing and part numbers for quotes
-Prepare capability statements and client proposals
Draft deposit and payment terms agreements

Jobs, invoicing and finance
-Audit jobs and prepare invoices
-Check technician hours, overtime and penalty rates against job records
-Identify and follow up uninvoiced jobs
-Investigate and resolve account discrepancies in Xero

Code and Automation
-Designed and built the company's internal task hub
-Automated job and quote reporting
-Created staff KPI tracking through API connections
-Built financial dashboard and forecasting through API connections
-Created central staff calendar that integrates calendars with Outlook, Google and the job management system
-Built compliance tracking for staff and vehicles
-Automated meeting agendas
-Built SOP knowledge base with automated review and sign-off emails to staff.
-Built automatic supplier statement reader
-Built internal AI agents, including AI quoting agents
-Built social media content manager
-Developed custom testing forms add-on for the job management system
-Developed Outlook add-ons to save attachments to OneDrive and SharePoint and add emails as tasks in the hub

Other
- Employee onboarding
- Payroll and Leave
- Train staff on company systems through SOPs and guides
-Prepare HR documents in line with Fair Work guidelines
- Social media management
- Award submissions (winning 2 in 26)

Plus many adhoc tasks

All I want is to be paid adult rates and not junior rates because I believe I’m well over junior capabilities.

Please someone vindicate me so that i can know that asking for a pay rise isn’t snobby because living on $700 a week is ROUGH

Or tell me I’m wrong pls


r/AusLegal • • 2d ago

WA Can’t get citizenship with Aus birth certificate

74 Upvotes

Hi, so I’ve recently come upon a quandary I can’t seem to figure my way through, while I was born in Subiaco West Aus in 1995, both my parents immigrated from the UK. They did so in the early 70’s with both thier parents being transferred from the UK navy to the Australian one and both of them later in life serving in the Australian navy and army, both became citizens themselves in their youth before service.

Unfortunately though My father and I haven’t spoken in over a decade and my mother died in 2009, I have her death certificate but the law on trying to prove her citizenship is confusing, if anyone who has been through this situation or has any knowledge on it, I would truly appreciate your help, thank you


r/AusLegal • • 1d ago

QLD Question regarding historical negligence from the QLD Department of Child Safety

3 Upvotes

Hi all,

As a young person, child safety was involved numerous times in my household due to physical and emotional abuse from my stepfather for 7yrs.

As I child I asked for help from teachers etc. multiple times and it was reported to DOCS and they never did anything except send him to a parenting course/anger management class once.

It even got to the point that by the time I was 11, I had attempted to take my life multiple times due to the abuse. DOCS was fully aware of this yet they kept me in the home and there was no action against my stepfather or mother (who enabled the abuse against me).

I was put in foster care once for a week, then placed in my grandparents home for a few months then ended up back in my family home and they did not care. The abuse continued.

I am still suffering to this day (in my 20s now) with severe depression and complex PTSD from what happened to me.

Is it possible to sue DOCS or receive compensation for the damages caused to me by their negligence?

If anyone has any experience with this - please let me know. I believe it would be really healing for me to be able to hold them accountable in some way and receive acknowledgment that they did fail.


r/AusLegal • • 2d ago

VIC Brother got bashed after school, what can I do?

61 Upvotes

Hello,

We've been in upper northern suburbs for a few years and dont know many people here.

Brother got back from school and told me he was ganged up on by six guys then shoved, slapped and punched (outside school property by 200m).

Got a lump on his face but no bleeding and the lump isnt very red.

He's only been at this school almost 2 months.

What can we do? Do people report to the police here or is this a school matter?

All he knows is he was targeted because he's friends w some guy's girlfriend.

Thanks