r/AusLegalAdvice

Hey all, apologise is this is the wrong place to ask this, if so, please advise.

So question in the event of divorce, Im keen to understand how things are divided up, surely its not 50/50 if you come into it with pre existing assets?

Married 10+ years and a couple of rug rats in that time, Came into it with realestate I owned and some savings. During the course I aquired more that was inheritance. our finances have been seperate the whole time and Ive paid for essentially everything during the marriage. morgage, bills, holidays you name it. The only thing we saved for together was the family home deposit

Id fully expect to split the family home even though I paid morgage on it. but the other stuff, how does that work or can I protect that?

Hi all,

my partner and I are looking for suggestions and resources for a situation we've found ourselves in. we were contracted for some design work that the client deemed "unusable" and refused to pay the second half of our extremely discounted (due to the prospect of future work) fee. they are now rolling out advertising for their launch and they have reproduced our designs in such a blatant manner that we are gobsmacked. we find ourselves in a bit of a David and Goliath sitch, as they are definitely relying on our lack of resources to avoid legal repercussions, so I'm exploring all avenues to see if I can find someone to help us out.

thanks in advance, all advice appreciated.

What should you do if you know a subpoena is coming? (No idea what it's for. 25 year work history of sending projects out the dor. Received messages on private numbers today notifying they want to serve me with a subpoena.)

So I bought a RTX 5080 graphics card which was $2,400 (over priced I know). Fast forward 6 months it now fails to render games or applications without immediately crashing to a black screen. Took it to computer repair shop to verify the card was the problem and they confirmed it faulty on their test system.

I view this is a major fault given it can’t be used for its normal purpose and I would not have purchased it knowing it would fail within 6 months.

I explained this to the store I purchased it from citing the above and ACL - When a business sells a product that later develops a major problem, it must give the consumer the choice of a:

• refund, or
• replacement of the same type of product.

Retailer response was:

The graphics card can be repaired within a reasonable time frame so in this case the manufacturers warranty applies. Estimated turnaround of 2-4 weeks this is legally considered a "reasonable time" for specialized computer hardware therefore entirely compliant with ACL.

Is the retailer correct in saying under ACL this does not constitute a major fault and that I am not entitled to a refund or replacement?

Thanks for any input

*Update* Based on the comments this would classify as minor fault if it is repairable. I'm going send it back and go through the RMA process. Thanks everyone for all the feedback.

So there’s a bit of backstory here so buckle in.
(NSW)

In 2025 I reported sexual assault and DV to police, on the third call I was picked up by an ambulance because I was becoming more and more distraught when they weren’t listening to me - one even said on the second call “there’s no DV here” and that they were “going to go do some real work.”

At the hospital the mental health team reviews me and refused to section me, they said they would’ve been scared too and understood my actions. The medical team then took it to the executive level to section me. This has been a recurring issue in NSW hospitals. While I was there blood tests showed I was 6-8 weeks pregnant (it makes sense looking back).

They didn’t tell me, and terminated that pregnancy without my consent, they didn’t discharge me unt my HCG reached 0 and I stopped saying I had been raped.

I made a formal request for my full medical records, and they sent me redacted copies “for my privacy.”

They then retaliated and made a report to transport NSW that I was an unsafe driver due to PTSD and Anxiety. Yes that is genuinely what it says.

I had to get reviewed by my GP who cleared me, and then I ended up being put back on my L’s until I re did my driving test, I have been driving for over a decade at this point.

Then today, I get a letter in the mail again. Telling me I need to do my annual medical review due to my PTSD and Anxiety.

I have never been in an accident while I was driving, my driving record is clean, there have never even been any not-at-fault insurance claims let alone at fault insurance claims.

When I’ve read up on this it states that PTSD and Anxiety are not conditions that transport NSW needs to be informed of, nor do they by themselves warrant a medical review.

I’ve sent an email to transport NSW, requesting they review the decision that I must do a medical assessment every year, because to be quite frank it’s ridiculous, it disrupts my ability to work, and it is a fresh reminder that the police didn’t document my disclosure, that the hospital gaslit me and terminated my pregnancy without my consent, and then retaliated when I asked for my full medical records - which as stated were redacted for my “privacy.”

Is there anything I can actually do about this with transport NSW other than requesting the review the decision to have me do a medical drivers assessment each year? I’m 28. I can’t do this every year for the rest of my life. How am I ever supposed to move on with my life with this happening every single year? I’m just at a loss.

Half Sister is contesting our Dad’s will. He recently passed and left everything to my Mum (her step mother). My parents were married for almost 50 years.

My half sister is the oldest at almost 60 years old. She has lived overseas and moves back and forth every few years with her bum of a husband, always asked Dad for money to set up for a house, cars, etc. While he was dying of a short terminal cancer diagnosis he would raise his concerns about her coming after the money when he was gone. We have video evidence of him talking about it.

She sent text messages to my mother asking for money and their cars while he was dying. She only came to visit him once and didn’t go to his funeral or memorial. Two weeks after his passing she started harassing my mother via text, claiming that our dad promised her 50k (theres no proof), asking to see the will, etc. The Solicitor sent her a copy of the will, and seeing that the estate was for my mother she was livid and started accusing my mother of manipulating our father, calling her sneaky. My poor mother just lost her life partner and has to deal with this.

Now she is trying to contest the will. We have not responded to anything from her and the last message she said she has nothing to lose and that she can also claim a percentage of my mother’s apartment and that she would have to pay her legal fee’s too. The estate is modest and enough for my mother who is already in her late 70’s to live comfortably for the rest of her life.

The first probate period expired and we haven’t heard any updates on her claim. How successful could she be in getting anything?

I joined a gym but then cancelled within the 7 day cooling off period but they are saying I owe the first week as this was due at the beginning of joining but I have not paid it and they keep giving me a dishonest fee.

Do I have to pay it?

Below is a part of the contract about the cooling off period:

All membership cancellations are directed to your home club facility and must be completed in writing. Any scheduled direct debit payments are
still applicable during the cancellation notice period.

a. COOLING OFF PERIOD
Y our membership is subject to a 7-day cooling off period, in all states/territories ex cluding Queensland. Y our cooling off period commences
from the start date of your membership agreement.
Queensland memberships are subject to a 48-hour cooling off period, which commences from the start date of the agreement.
Y ou may cancel during the cooling off period at any time by providing written notice to your home club location. A reasonable
administration fee will be non-refundable.

Location: Melbourne.

Hi, I work at Chemist Warehouse in Australia, from the 22nd of June 2026 I along with other employees are being required to assist with a special AI “zone” which captures the entire store with the goal of “helping stock management”.
This requires at least 4 separate retail floor members to wear a AI camera around our necks for a minimum of 12 hours a working day.
This camera will be capturing all things happening in the store, AUGMODO “promises” they don’t use any personal info, they show a blurred image of a customer on their advertisement page, which may be all well and good for supermarket uses.

Where my worry comes into place is the Pharmacy, as someone who occasionally works on the register, I frequently deal with patient prescriptions and repeats in my view, with Full names, addresses and medications of the customers/ patients in my view, am I violating people’s rights by wearing this camera and in turn at risk of being in trouble.

No one deserves their privacy infringed and I don’t think im in need of help more than the patients but id still like to be clear.

Thank you

I’m in NSW and have recently been told my role is being considered for redundancy. I have been with the business for just over 5 years.

The employer has indicated that if the redundancy proceeds, I would receive:

• salary owing to the end date
• accrued but unused annual leave
• 4 weeks’ notice paid in lieu

There has been no mention of statutory redundancy pay.

Based on the Fair Work redundancy table, my understanding is that an employee with at least 5 years but less than 6 years of continuous service would ordinarily be entitled to 10 weeks’ redundancy pay, unless an exemption applies.

I suspect the employer may be intending to rely on the small business redundancy exemption, but I am not sure whether that applies.

The issue is headcount. The business appears to be close to the 15-employee threshold. I do not have access to everyone’s employment contracts or contractor agreements, so I cannot confirm the exact legal status of each person. However, there are around 20 people in the main “full team” internal channel, and there are also contractors who have been engaged on long-term projects and integrated into the business.

How does this play out, and what should I be doing to protect myself. Who is responsible for making the determination on who is an employee vs a contractor?

Thanks in advance.

TL;DR: Can an employer rely on the small business redundancy exemption by excluding long-term contractors from the 15-employee count, where those contractors appear integrated into the business and may work in practice like employees?

ETA: thank you all for your replies. It’s done now, so I’m turning off notifications.

Hey all!

Short version, a friend of mine's ex partner has been accused of a crime. The police have contacted my friend and asked them to come in to give a (ETA: what I assume with be a witness) statement. They've asked me to go with them for support.

Neither of us have done this before, so we're not entirely sure what to expect.

I wanted to know if we would be allowed to make our own recording of the 'statement interview'. Various website have said yes, but I'm cautious of potentially pissing off the cops doing the interview.

I understand that as a moral support person I'm supposed to keep my mouth shut, but I know my friend wants me there because I'm a little more emotionally removed from the situation. Will I be told to leave if I interject at any point, such as if I see my friend becoming overwhelmed and ask for a break?

I want to support my friend as much as possible, but I also don't want to make this any more difficult for them than it already is. I would appreciate any advice or experiences people would like to share.

My friend is in a very confused and conflicted emotional state. I agree with them that the crime their ex has been accused of is very out of character and my friend isn't entirely sure what to believe. Any advice on how to support them (aside from watching movies, eating junk food and drinking!) would be appreciated.

Thanks!

ETA: MY FRIEND HAS NOT BEEN ACCUSED OF ANY CRIME, AND IS NOT INVOLVED IN THE CRIME THE EX HAS COMMITTED. MY FRIEND IS NOT A SUSPECT.

I hired an employment lawyer to help me with an employment dispute. After talking to a senior partner for the consult I felt they were going to be good.

Once I signed on for the 2,000 letter to my employer and a no win no fee approach they handed me off to an inept junior and then became very uncommunicative.

The junior kept making mistakes in my letter and after sending it they didn’t hear back for a month, and I was supposed to have an agreed quick exit. So I kept getting med certs so I didn’t have to go back. That ends soon.

Then we heard back from my employer and the lawyer had sent two letters at the same time from the principal and the junior that said two different things with two different outcomes. Obviously an error. At this point I just want my money back from the lawyer as I now look foolish and I am over it.

I have now been smoked by my employer AND my lawyer. What should I do? Can I get my money back because they fumbled the letter?

Hi all!
I live with my mother and we have both been suffering from harassment from kids for over 2 years now. We are quiet and keep to ourselves so I'm not sure what made them start but I need some advice. I will start by saying I'm all for kids to be outside playing with their friends and riding around on their bikes but the disrespect is ridiculous. These kids would be around 10-14 years old, and were simply tired of it and now wanting to move away because of it.

It started off as knocking and running and then went into throwing things at the house (rocks, bark, chalk, chunks of brink and concrete) and then went into kicking our colourbond fence, garage door, front screen door. We've had death threats hurled at us over the fence and when my mum has been out the front gardening. Things like, "I know you're there, I'm gonna come back and kill you and chop your head off," etc.

We don't have security cameras because I feel like these kids will just break it off or break it in general. They stopped throwing stuff at the house when I had managed to catch them doing it and spoke to them kindly about how it's not safe or respectful and they could hurt themselves, etc. But now they just keep banging on the door or kicking it and running off. It sends my dogs ballistic and scares me and I'm at a loss for what to do anymore. I know they're looking for a reaction and I've been writing down date, time and what they do in my notes on my phone so I have a record of it. No other neighbours seem to have a problem with it around us so I feel it's targeted but like I said, I have no clue why. We are very quiet and keep to ourselves.

Any advice is immensely appreciated as we are so tired of it and it's left us angry and anxious. I wouldn't be able to speak to their parents unless I ran after them and followed them home but that feels like a crime and I don't trust these kids to not lead me somewhere and then attack in large numbers. I'm looking for advice, both legal and not legal and wondering whether the police would even do anything.

Throwaway for non identification but can anyone provide general info about legal obligations, rights or options available to parents in the following circumstances? We’re seeking to understand relevant Victorian laws and processes before deciding how to proceed.

We have a 14 year old boy who is going to a “girlfriends” house and smoking marijuana. As far as we know, the girl has only a mother and the mother has said, when we have picked him up once at door, that “she doesn’t supply them with weed” but “can’t stop them from doing it in her house”. The mother obviously smokes herself and we don’t believe her or find this remotely acceptable.

Son has come home several times reeking of it and obviously under the influence and argues with us about going over there. It’s causing several issues at home, at school and just in general. His mother wants to go to the police but his father says it’s going to cause other issues because of “girlfriend“ and even son gave threats, saying “you will ruin other people’s lives” while we tell him he is our responsibility, it’s illegal and they are ruining his future by allowing this.

Other issues are is he leaves school and goes straight to this house (it’s halfway from our home and school), doesn’t come home until 9:30 or 10 pm during the week. He says at their house on Friday nights, comes home stoned on Saturday nights. He doesn’t eat properly.

Issues started in Year 7 and older kids at the school got him vaping and he’s been addicted since then. We also got a family dog when he started high school and we feel he was jealous the puppy got attention when we trained him at such a delicate time in his life. We (parents) had him in therapy for two to three years now, he lies to therapist and the therapist just wants to put him on ADHD medication and completely bypasses any acknowledgement of addiction (vaping and weed). Parents now go to family counselling (for family violence) because son put his fist through a window when he had his bike taken away after getting suspended for the 3rd time in 5 months at a new School. (in all honesty, it wasn’t actually taken away, his father was removing the tyre to replace it but saw it as his father trashing his bike so proceeded to smash doors, tv and other stuff in house in addition to the window). We don’t beat him, or hit him. He is hardly home to even have a conversation. We, parents, aren’t getting any support quick enough and it’s spiralling so fast. As son has been suspended 4 times since beginning of the year, and we are meeting with the school tomorrow to discuss “how to move forward”. Just dreading the school holidays as difficult to go away because of a major work commitment one week in.

We love him and desperate to get our son back.

Other than chaining him to his bed, what can we do? Will police do anything to give a warning to this mother and help keep him away from the house? Can we get a restraining order? Has anyone gone through similar circumstances and found successful steps to take?

This might read like a Tarantino movie and i apologise for that but ill do my best.

So i am a Diesel mechanic working for a company that is going through "operational changes". I was employed with said company with my experience as a "level 2" there is 3 levels. A while ago, a position to work on different equipment became available and i asked if I could do that. I was told they cant just give it to me and I had to formally apply via email. So I jumped through their hoops and congratulations im now a level 3 with a document trail and a new contract to sign and return. I didnt do that part but they started paying me as a level 3 and I was now working on the different equipment. Fast forward maybe a month and all of a sudden they require all level 3s to do a rotating nightshift not level 2s or 1s just 3s. No questions asked its happening do it or leave.

I hit them with the technically im still a level 2 as I never signed and returned the contract you guys emailed me which sent my superintendent and HR into a flat spin. I was summoned to a meeting a few days later which I was informed by HR that it doesnt matter my name has been put on the list due to me having knowledge of the equipment from my 1 month experience so its all level 3s and myself and I cant do anything about it. I'm not completely against nights im not happy with how they did it so im frustrated and being petty I understand that. But is what they are saying true? I can just be forced into a promotion regardless of accepting?

Thanks

My dad owns a rental property in Perth. The tenant recently reported a puddle forming at the side of the house. Around the same time, the property manager told my dad an $8,500 water usage bill had come through.

My dad accepts he's liable for hidden water leaks and knows he can apply for the 50% leak allowance through Water Corporation. That part he's fine with.

Here's where it gets frustrating. After this came up, he discovered the previous two water bills (each covering a 2-month period) were also abnormally high — around $500 and $350. This property normally runs $50–75 per bill. So there were two consecutive bills at roughly 5–7x the normal amount before the $8,500 one landed.

The key detail: all utilities are paid to the property agent, who then pays Water Corporation on my dad's behalf. So the agent was the one receiving and paying every one of these bills, including the two abnormally high ones, without raising anything with my dad.

My questions:

1. Would a property manager be expected to have some kind of control or process in place to notice and investigate utility bills that suddenly jump to several times the normal amount?
2. If so, could it be argued that had they flagged the earlier abnormal bills and investigated, the hidden leak would have been found months sooner — and a large chunk of that $8,500 avoided?

Basically, does the agent carry any responsibility here for paying two clearly abnormal bills without question, or is that entirely on my dad as the owner?

Any input from people who've dealt with WA property management or tenancy/agency law would be appreciated.

location: australia, qld

for context; my mother and father separated over 2 years ago (they are not divorced officially) as soon as she asked for divorce he bought a plane ticket to another state and flew there the next day, since then he has made little attempt to keep in contact with me and my sister nor attempt to provide anything or offer for us to visit. another thing thats crucial is that before they separated my father wasn't able to hold a job for himself for around 2 years by his own fault leaving my mother to pay every bill, mortgage etc she picked up 2 jobs to keep us afloat whilst my father sat on his ass the entire time berating her and using marijuana (medically given) before falling into a drug psychosis that made my mother be done with him. throughout these two years of my mother being separated she had been suppling him money for awhile to keep him afloat out of the good of her heart before she couldn't anymore because the house and bills were becoming too much. the house has been entirely funded by her inheritance and her blood sweat and tears.

cut to maybe a month ago she decided she wanted to move to get away from foul memories of being in this home for over 10+ years now and she wanted to get him to sign off of it peacefully and offering him a portion of the funds (20k? i think) and he decided he wants to fight this and he apparently has contacted a solicitor and my mother is still struggling to keep us afloat let alone be able to handle the fees this outcome could be, i feel helpless considering i am still a minor and she doesn't know what could be done or how to move forward with this smartly any and all advice would be so helpful. I hate seeing her fall apart like this, it hurts

I’m hoping to get some advice because I’m completely lost and stressed about my situation. Back in 2022, I was involved in a car accident while driving a car I hired from Marketplace. The vehicle was insured with a company called ‘Melbourne Rideshare Club’. After the accident, I paid the required excess to the owner and thought the matter had been resolved.
A few weeks ago, I received a call from the Sheriff’s Office telling me that there was a warrant out against me. This was the first time I had heard anything about a court case. I immediately contacted the Magistrates’ Court in Victoria and found out that the other party involved in the accident had apparently filed a claim against me because they were unable to recover money from the insurance company. What shocked me even more was that there had already been two court hearings.The plaintiff’s lawyers apparently used an incorrect residential address for me, so I had no idea the proceedings even existed.
To make things even stranger, I was told that a lawyer had appeared in court and represented me. I never hired a lawyer, never spoke to a lawyer about this matter, and never gave anyone authority to represent me. I still don’t know who instructed that lawyer or why I wasn’t contacted. The court suggested that most likely the insurance company sent someone to represent me.
I have now been told that the lawyer who represented me reached a settlement with the plaintiff. Again, I was never consulted, never agreed to any settlement, and was completely unaware that any of this was happening.
I am a full-time student and don’t really have the money to hire a private lawyer. I’ve been trying to contact community legal centres for over a week, but they always seem to be at capacity and unable to assist.
Any advice or guidance would be greatly appreciated. I’m feeling overwhelmed and trying to understand what would be the right way to proceed.

Hi, I have recently been made redundant but have some concerns about the whole process.
In Feb 2025 I had a meeting with my boss, who told me that my role was no longer going to exist. This wasn’t unexpected, our business had acquired another business and there was a lot of double roles.
HR was not involved in this process, no offer to bring a support person, and the word redundancy wasn’t mentioned.
I was told that my role as a Customer Service Manager, and another similar leadership role from the other CS team would be combined. I could apply for that new role, or take a vacant role that existed in my leadership team, as a Capability Coach. I took the Capability role.
The other person impacted by this restructure decided she didn’t want the new combined role as they were not paying any more. So she asked about redundancy, and took that. Again, the initial conversation for her didn’t involve HR and redundancy wasn’t mentioned until she asked about it.

I was put onto a secondment in the Capability role, for 6 months. It was extended in Oct 2025 for 6 months. It was due to end in Apr 2026 when I received notification through workday that it had been extended again, until Dec 2026. As my boss didn’t mention anything, I asked about the extension. She said it was to protect me so I could really get a feel for the role (that I had been doing for a year at this stage) to see if it was what I wanted to keep doing.

June 2026 I was advised by my boss that the following day we’d be meeting with HR, that it would be about my role, although not my performance, and I could bring a support person. I knew what was coming, and the following day I was told they were ending my secondment. That because my substantive role no longer exists, I was being made redundant.

She then went on to explain that the capability role would still exist, but was being regraded from grade 15 to grade 12 (much more junior, much lower salary).

My question is, do I have any recourse here? I initially accepted it because I know that although the capability role was continuing, it was my substantive role that was now redundant and assumed I had no recourse.

As an aside, I was told about this 2 days before going on preapproved annual leave for 8 business days. I requested from HR to have either my notice period extended by 8 business days, or paid out those days, due to the intention of notice period being a meaningful opportunity to seek redeployment or alternative employment, and this opportunity was impeded by my leave. They have declined.

I’m sure there is nothing I can do here, despite the correct process back in 2025 not being followed. But thought it was worth checking - should I seek legal advice? Thanks.

Hi there,

I am hoping to get some advice about employee rights for requesting a FWP under section 65(1) of the Fair work act for employees with disabilities.

I work in a a corporate frontline role for a Big4, I have worked in this role for over a year. It is a WFH call centre role with the only exception of going into office twice per month to meet expectations. Everything is done remotely, there is no in office connections or meetings. The role is the same at home as it is in office.

I requested a FWP under section 65(1) to work full time from home as I have a disability. I provided a doctors certificate as that requested which outlined my conditions, symptoms & why I would benefit from working from home full time.

My manager at the time approved it and said to me that it should not be a problem they will renew it every 3 months as that is the way the system works.

Since then I was moved to a new manager and different reporting line (SM). My FWP is expiring and I have requested it to be renewed again. They have come back with a response that I am concerned about, there a few red flags that I feel is leading towards discrimination. They are trying to frame it as I am not fit to work when I am very fit and successful in my role and am asking for adjustments to support my disability. I feel that the manager doesn’t like me and now that they know I have conditions they are trying to make it seem like I’m not fit.

The response to my request said this:

For flexible working arrangements, medical certificates can only support an arrangement for a maximum of 3 months. As yours has expired, we will require an updated certificate to support the next 3 months. They’ve said please ask your doctor to include an expiry date on the certificate. They’ve also said we would appreciate any information on your treatment plan and expected recovery outcomes in relation to your ability to return safely to work and meet the expectation of 2 a month in office.

This last request concerns me. I have not had any time off, I do not need a return to work as I am not stating I am unwell and can’t go to office. I am asking for flexible agreement to help manage my disability as per my rights. I don’t believe that under the fairwork act they would have grounds to deny this given they cannot prove any affect on the business as this role is a work from home role. I do not have to legally disclose my treatment plan and I do not know if they have legal justification to request another new dr certificate.

Can anyone with experience in these type of matters give some perspective on what this means? Are they trying to discriminate me now that they know I have a condition? Would this be considered a decline of the FWA request or do they have grounds to ask for updated documents?

My abilities in my role have never been in question, I have worked in senior capacity and have continued to succeed in my role with never any problems.

Thank you in advance for your help 🙏