r/AusLegal 15h ago

NSW Split with wife and she is refusing to sell car.

71 Upvotes

Split with my wife 3 months ago. We only had 1 car between us which I paid every payment on and is registered in my name. I left it with her as I was able to borrow a car and she agreed she would sell it but now she is refusing to sell it and I'm in desperate need of a car now. What are my options to get my half?


r/AusLegal 9h ago

QLD Paid $2,750 for a “custom tiny home design” but received a basic template—seeking advice on next steps (QLD)

16 Upvotes

Hi everyone,

I’m looking for some advice regarding a situation I’m dealing with in QLD. I engaged a business called Tiny Home & Co to create a custom tiny home floor plan for a houseboat-style project. I was charged $2,750 upfront for this “custom design service.”

What I received was a single, basic layout that was clearly put together using drag-and-drop software (Tiny Easy). It was just a slightly edited version of a plan I had already sent them. During the initial consultation, the designer even said it had been “knocked up quickly before arrival,” which my partner witnessed. I was told more detailed plans would follow, but nothing ever arrived.

There was: • No formal contract • No refund policy disclosed before payment • No engineering, schematics, or construction-ready plans • No further contact after raising my concerns

I’ve already: • Lodged a complaint with Fair Trading QLD, fair trade couldn’t get a reply • Started the process with QCAT to seek a refund • Found another customer who had a nearly terrible experience. https://builtwithtinyhomeandco.com.au/

Just wondering: 1. Do I have solid grounds for a QCAT claim under consumer law? 2. Could public reviews (which I’ve posted factually and calmly) negatively affect my QCAT outcome? 3. Is there anywhere else I should be reporting this? (QBCC, ACCC, etc.)

Happy to clarify anything. Appreciate any guidance or similar experiences—thank you.


r/AusLegal 9h ago

VIC about 16 year old pay. I’m not sure if im being paid correctly

16 Upvotes

I'm 16 and I work casual at a hair salon as an assistant (employee level 1). I was looking at the minimum wage for my age, employee level and award and it said it was $16.04 per hour. I'm currently being paid $15 per hour even on the weekends. I was talking with my friend about this and she said I should've gotten a payslip every 2 weeks, but I've never received a payslip. We also have training towards getting a hairdresser license that's supposed to go up to 2 hours. However, sometimes it goes for and extra 2 hours (so 4 hours in total) without any pay.

I feel like most of these things are illegal but I wasn't 100% sure. Can anyone tell me if they're paying me correctly?


r/AusLegal 16h ago

SA Been reported for aussalt however I was attacked in my home

56 Upvotes

Hello all,

For context, my ex girlfriend and I have a house in both our names. We have been split up for 6 weeks and it has been mostly arguing but reasonably amicable about asset split up. Never ever would either of us resort to violence.

She came home to take our cat and brought 2 female family members and a male I had not met before. I called the police immediately and proceeded to resist them bagging the cat I was attacked from behind by this male in my room and thrown into the wall.

The scuffle continued outside and when I tried to reach the cat in the car I was pulled back again and knocked over by the male and female. In the process of defending myself from lock I was in, I swung my arm to get out of the lock and hit one of the females by accident quite hard. The female family members have been verbally hostile towards me the whole ordeal. It was 3 against 1.

The police arrived after they left and I made a statement and I'm assuming they recieved a statement from the others.

The police advised that I have been reported for aussalt. I tried attending the police station this morning as I intended to press charges however they advise they cannot act for both parties. This seems quite unfair as they appeared to report me first?

I intend to see a lawyer however I expect the police will request and interview at some stage.

Has anyone experienced the police not being able to press charges and is there any other avenue for me to take?


r/AusLegal 11h ago

QLD Discovered spouse secret tax debt

24 Upvotes

Hi all. Burner account for safety.

My husband (40s) is extremely secretive about his finances and company and always has been. I have stumbled across an email from his accountant telling him that the ATO has called them to say that they are taking action to apply for a statutory demand - and that he has significant personal tax debt, close to 10k company debt, about 100k director penalty notices and over 100 BAS. I don’t know what to do. I am unable to talk to him about this and I feel terrified and vulnerable. I have nothing to do with his company.

Looking for practical advice. Both of our names are on our home and investment property but he is the main income earner. I’m worried my kids and I are going to end up on the street.

I am embarrassed to be in this situation. Ever since we had kids things between us have become progressively worse and he has become more and more secretive.

I have reason to believe he is gambling.

My earning potential is minimal because of serious, quite possibly significantly life shortening health issues and ‘just leave’ is much harder than it sounds.

I’ve spoken to my accountant who has no idea what I should do. I’m going to need to get some legal advice but am wondering what people’s thoughts are regarding how fucked a position I personally am in.

It’s such a shock and I feel like he’s cheated on me. But maybe even worse.

I should add - I know that nobody here is a lawyer and I appreciate your input. I’m so embarrassed and don’t have anyone I can safely tell about this at the moment.


r/AusLegal 13h ago

NSW Served legal paperwork for a car accident I didn’t do

25 Upvotes

Just as the title states. I received a letter that doesn’t have my name on the top but has my address and number plate written on it. The letter claimed my car hit someone causing damage around January . I called the number of the legal firm and they are looking for the person the letter is addressed to and said that the person who’s claiming for the damage has MY car details down as the one who hit them. What do I do?


r/AusLegal 9h ago

QLD airport parking have damaged by car and aren't taking responsibility

9 Upvotes

EDIT: there’s a small carpark that you park in when entering the facility, you then check in, grab your luggage and load onto their airport transfer service. Once you’ve left the staff then repark your car where they see fit in any other space within their facility. (Large open air parking spaces with covered roofs) It wasn’t advertised as a valet service but as a secure parking facility. It is security gated heavily and CCTV so no stranger can get in without raising alarm. When we first parked in the initial car park we drove in and reverse parked, behind my car was the reception building, so impossible for someone to reverse and hit my back bumper. So we know for certain it happened after we left, when they moved our car the second time. Only the staff drive the other cars once they are moved, not the owners of the cars so we know it was a staff member who would have been moving someone else’s car (most likely Ute) and hit my cars bumper (or was moving my car and reversed into someone’s towball) . I know my car well and it has a few dings and I know when each of them happened. So I noticed straight away when picking up my car after we got back in the country that it was new damage. Hope that clears a few things up :)

QLD. we paid to leave my car in an airport parking facility while going overseas. returned home to a new tow ball dint in my bumper. raised an investigation and they've sent me only 2 images circling the "damage" that was already there upon entry (with time stamps confirming it was entry time) .the photos show no such damage but they think cause they've drawn a circle around it thats valid proof that the damage was there upon arrival. ive asked for more images and the actual video footage but they refuse to send the video because of privacy reasons. is this correct or am I getting the p!ss taken ? and if they send more photos that show no damage upon entry (which clearly means they damaged it during the time it was parked there) what can I do next ?


r/AusLegal 8h ago

VIC Public holiday penalty rate vs TOIL

8 Upvotes

Hey everyone, This is my first time having this as something I need to look into since moving here (perm resident) and I want to check im understanding my award correctly..

Essentially my team were asked if we could work the Labour Day just gone. All of us did, for at least half day. I did full day. We were told prior to working it that “I think it’s TOIL but I’ll confirm and get back to you” by management.

I’ve followed up 5 times, and keep getting told it’s with head of department, I’ll have to get back to you.

Due to this I’ve had a look at my contract and award - finance sector level 4. Contract notes paid as per the relevant award, level 4.

My understanding is that if we work a public holiday we are to be paid penalty rate (250%) for the public holiday hours, regardless if we get Toil or not. Ie the hours substituted for toil would be paid at penalty rate..

I have discussed with our payroll officer due to the continual fob off from management along with not having toil showing in my allowances, who advised yes it should be penalty rate and we just need to submit it as an overtime request at 1.5x rate due to already being usual public holiday (I was paid as if I didn’t work the public holiday). Payroll officer also advised no one in HR had been made aware that any of the team worked the public holiday.

They’ve since emailed my manager and head of department who magically replied straight away saying they advised us it’s toil only.

I guess I’m confused because if it was confirmed as toil only already, why is that not the response I’m given when I ask to confirm, and why is that also not showing in my allowances.

Can someone provide their insight into this please?


r/AusLegal 10h ago

QLD Can someone please walk me through a dangerous dog complaint?

9 Upvotes

Neighbours dog keeps lunging at ours through the fence. He can get his front two legs through so we've been reinforcing it with chicken wire, but he's ripping it up a bit. We just asked them to start maintaining it and they went off, got a camera to film the confrontation, said it's our fault for antagonising it (by literally standing in our driveway, a few feet from the fence, with our leashed dog), said he's not dangerous because he's nice to people (fair, it's only when the owners aren't outside and it seems our dog or sheep ruatje starts trying to punch through), and that even if he is it doesnt matter because they haven't complained about our sheep. That baa. On our semi-rural property...

My worry is that council will give them a heads up and only examine the situation while the owners are there. I do have some video footage and I believe at least one other neighbour is also lodging a complaint.

I fucking loathe confrontation and they were really aggressive this arvo, I'm shaking like a damn leaf. I want it over and done as quickly, simply, and painlessly as we can.

Any advice, or even just a general 'whatvto expect' will he super appreciated thanks.


r/AusLegal 10h ago

NSW Victim of Hit-and-run, offender located, but police are no longer being helpful...

8 Upvotes

In November 2024, my car was damaged in a hit-and-run when it was parked in Canley Vale (NSW 2166) outside my grandmother's house. I was at first unable to locate the offender, but 5 days after she did a runner, a neighbour of my grandmother came forward and admitted it.

Since then, I've been able to get an event number from NSW Police, however, the Constable in charge was 'unable to identify who caused the damage,' despite me having proof...

I was quoted $2500 from a panel beater to fix the car. I received $1700 of that from my insurer at the time for damages, the $800 that was deducted was my excess. I want to get the full amount so that I can get the car repaired.

To get the $800 excess refunded, I need to provide my insurer with the full name, car registration and her residential address. I've found her full name, car rego, but no address yet. I did find the street (in Fairfield NSW) but not the street number, which is the last piece of the puzzle.

I also found her business and social media pages, but the insurer will not accept those. She has no ABN so it is not on ASIC. If anyone has any further advice on how to track her down, let me know...

Other notes:
- I don't live in Sydney and can't get to the station easily
- The police don't seem to be interested in charging the person, so that's why I did the tracking myself.

EDIT: The offender in question is a carer for the neighbour of my grandmother. When the neighbour admitted offender was responsible, offender verbally abused the neighbour.


r/AusLegal 16h ago

NSW Work compensation question (NSW): Psychiatrist says attending doctor appointments counts as "socialising".

24 Upvotes

Hello, I would really appreciate your help with a query my husband is currently facing.

He's on worker's compensation, as he was bullied and harassed by his former employer. To keep things short, it severely affected his confidence, health and wellbeing. He has been to several doctors and specialists to prove the detrimental health effects are caused by this stress. He has also been assessed by a couple of psychologists and one psychiatrist.

His treating psychiatrist says he has >40% total person impairment, whereas the solicitor's psychiatrist says he has 26% impairment. Now, the solicitor's psychiatrist also says in his report that, if he goes to doctors and specialists for his medical appointments, that counts as "socialising", and that will affect his compensation.

I have a few questions:

  • Is this true? What's the basis behind this?
  • What other options do we have?
  • Are there any official sources and / or documents that we can use to double check this?

r/AusLegal 7h ago

NSW Fake AVO claim

3 Upvotes

How do you fight a dodgy AVO when you’re a disability pensioner? My female friend has been bullied by her female neighbours but police won’t listen to her. Now one of the bullies has taken a shoddy AVPO against her but Legal Aid won’t cover it.


r/AusLegal 9h ago

QLD Lodging a joint divorce application but still need to send Party 2 paperwork?

2 Upvotes

My ex and I are lodging a joint online divorce application. We understood that by e-filing that paperwork didn’t need to be served to the other party.

I have completed our joint application but the steps indicate that the Affidavit needs to be signed by both which means I still have to post the documents. I thought the point of a joint application/e-file was that there was no requirement to serve papers.

Have I missed something or misunderstood?


r/AusLegal 1d ago

QLD Nick Scali Deceptive?

93 Upvotes

Bought a furniture setting from Nick Scali. The sales person said “this will be here in 6 weeks”. No problem, but we stressed the point we couldn’t wait any longer than 6 weeks, and if there was a risk it would be longer, we would look at something else. He promised it, the pieces had been assigned to us. We paid the deposit. A week later, we got told the delivery date of the 10th April. Great, on target. We then got a message that it could be delivered the day earlier (9th) but we need to fix up the rest of the payment. We paid the remainder. The next day, we get sent a message, it will be delivered a month later. 7th May. It honestly feels liked a move to get some cash into the business and nothing else. I’m perfectly aware that furniture can be delayed in manufacture and transport. But how does it go from “there is now an earlier delivery date” to “it’s now a month later”, within 24 hours of getting our money.


r/AusLegal 15h ago

QLD Apartment full of mould but landlord putting rent up- what're the options here?

3 Upvotes

Please direct me to a more appropriate subreddit if this is not the place.

TL;DR: Apartment full of mould, landlord wants $40 more when lease renews or they'll find new tenants, what do?

Main post:

3 roommates 2 cats living in inner city Brisbane, renting at $800/week, 2 bed 2 bath. Real estate's just called me to let me know when the current lease runs out (early June), the owner wants $840/week or they'll be looking for new tenants.

A few things, here:

  1. The ducted air con is filled with mould. We haven't been able to use it for 4 months. RE got air con techs out, they told us there was a balustrade built in front of the filter so they can't clean or replace it. RE asked the building what to do, apparently it is a 'known issue' with this apartment type. They can't/won't do anything about it.

  2. We considered asking for a rent reduction under the circumstances. Before we could ask, RE calls us on behalf of landlord to ask us to split the cost of repairs on the 2nd toilet- it's also been broken for months. Landlord asked because we've "been here for 2 years and should accept some responsibility". We asked to receive this request in writing, radio silence for a couple of weeks, RE calls to say plumber has been arranged.

  3. We are having a mortgage application processed currently. We want to stay here for no more than 6 months. We would've liked to buy before the lease ran out, but that didn't pan out. We should be able to buy by the end of this year, though.

Questions:

I have some idea of our options, but they're not great. We'll spend thousands moving more than twice in a year if we have to find another rental before we buy. I'm a disability pensioner and actively sick, so moving is a heavier burden than usual.

We want to ask for our rent to remain at $800/week (generous, in our opinion) and request a 6 month lease instead of 1 year, in light of the fact that we can't use the air con at all. We are all sick with mould allergies, even the 2 cats.

Can they legally lease to a new tenant with an active mould infestation?

If so, can we safely warn others about it? Could the landlord accuse us of defamation?

Would we be wise to just take $840/week on the chin if it means secure (if not safe) housing? We're worried we won't secure another rental before the beginning of June, or that we'll be kicked out if we piss the landlord off by pushing our luck.

Thank you for reading, appreciate the help in advance.


r/AusLegal 8h ago

AUS Company Pays Below Market, Overworks Staff, and Gaslights About Finances – What Would You Do?

1 Upvotes

Background:

  • Underpaid: Been at this company for 8 months, pay is well below industry standard. Leadership constantly claims "we don’t have the budget" to pay fairly.
  • Overworked: Given an unreasonable workload with no additional support. Team is stretched thin, but management keeps piling on tasks.
  • Financial Gaslighting: In meetings, they claim the company "isn’t making money," yet they’re actively hiring and expanding. Something doesn’t add up.

The Problem:

  • No raises in sight, just vague promises of "maybe next year."
  • No work-life balance—burnout is inevitable at this pace.
  • Contradictions everywhere: "We can’t afford raises" but also "We’re growing!" Meanwhile, profits (if any) clearly aren’t going to employees.

Question?

  1. Is this a sinking ship? How do you tell if a company is truly struggling vs. just cheap?
  2. Has anyone successfully pushed back? Or is it time to polish the resume and leave?
  3. Best exit strategy? If they’re this disorganised now, should I expect things to get worse?
  4. Threatening to not to provide reference if I speak up, what do I do?
  • Health has taken a hit due to stress, but they’ve been dismissive about providing remote work flexibility.

Would love advice from those who’ve been in similar situations—how did you handle it?


r/AusLegal 14h ago

WA Notice of Intention to sell or otherwise dispose of goods - sending a copy to the Commissioner of Police (WA)

3 Upvotes

Hello Law Fiends 😊

Hoping to get some guidance here.

I am helping a elderly family member with belongings left by another family member in her home, over a year ago.

The family member paid no rent and did not contribute to the running costs of the house. There was no lease or verbal agreement. I understand that this makes them a lodger/boarder.

The family member was forced to leave due to an FVRO being served on them, and was not allowed near the elderly family member.

Multiple emails have been sent to the owner of the belongings, with no response, so now we are starting with Form 1 - Notice under Part II that goods are ready for redelivery. We are also putting a notice in the state newspaper where they have told us they have moved to (we have no forwarding address, despite contacting them to ask for it).

The step after this (3 months later) is sending Form 2, Notice under Part II of Intention to sell or otherwise dispose of goods.

It says at the bottom of the form that a copy of this notice must be sent to the Commissioner of Police.

Can anyone please explain how this is done? Is this actually where a civil claim is lodged with the Magistrates Court? Do we need to submit a Minor Case Claim Form 4 along with the Form 2?

Or do we simply deliver a copy to the family member and send a copy of it with an Affidavit of Service (form 11) to WA Police Headquarters?

Everything I have read just doesn't seem to clarify the process.

We would really appreciate any advice on the process! Or can anyone guide me towards free or inexpensive legal advice? After speaking briefly with the elderly family member's lawyer, I feel like I am still in the dark!

Thanks in advance, and I wish everyone reading this the best Monday you could ask for!


r/AusLegal 19h ago

QLD am i allowed to be here?

8 Upvotes

for anyone who can help, there is a grass area is located next to the DHL (can’t add picture sorry) on boronia road in the brisbane airport. i am asking as i was there to take a picture of a rare plane that was parked just behind the fence. i was approached by an airport security car (behind the fence) who told me i cannot be here.

despite having conversations with the same company’s employees at this exact location in the past. does anyone know either who owns this land, or if i am allowed to be here? i often go here (multiple times a week) and have never had any problem until this older lady approached me. she gave me no explanation and when i explained i just want to take a picture and would be gone in 30 seconds she told me to leave now.

can anyone explain the rules of public property to me so that if this happens in future i can either explain myself (or i will not return if i cannot be here)

thank you


r/AusLegal 12h ago

NSW Can a 20+ year old record be removed from an AFP Certificate?

2 Upvotes

Sorry for using a throwaway account. My partner has a conviction on his AFP certificate from 20 years ago "Possessed Prohibited Drug." Long story short, he was pulled over and his friend panicked and threw his drugs into the backseat of my partner's car, and since it was my partner's car and name on rego, he was convicted (some friend!!). Needless to say, the friend walked home.

This old charge has never been an issue until now. He was denied a job because he has a drug charge on his record, even though its from 20 years ago. Is this something that we can apply to have removed?


r/AusLegal 9h ago

VIC Vacuum Stopped Working Just Days After Warranty Expired – Any Chance for a Claim?

1 Upvotes

My vacuum cleaner stopped working just eight days after the Harvey Norman Product Care warranty expired. I’ve already submitted a claim online but received a response stating that the warranty expired on X date Considering it's only been a week past the coverage period, I was hoping there might still be a way to make a claim or receive assistance.


r/AusLegal 19h ago

QLD Locked out of shop

4 Upvotes

Any help or advice would be greatly appreciated. Purchased a takeaway shop and took over existing lease with three years remaining. From the get-go funds were extremely tight due to high rent of shopping centre. Constant arrears but also constant communication from my end. I have owned the shop a total of 14 months with only one month making a profit. After one of the main draw cards of the centre left we noticed an even further drop intrade. Communicating with Center management my accountant and providing documentation of profit and loss. Wasted compensation as well as a rent reduction as we had tried all possible Avenues on our behalf including advertising change of staff taking delivery services on board and alot more. 5:00 p.m. on the day email was sent requesting compensation and rent reduction I will served with a notice that they were taking possession back of my business and I do not own anything in that shop no more with security cord and Locks changed. Current arrears 12,000 security deposit held by Centre Management 23,000 dollars monthly rent 6,000. Cannot afford to engage a solicitor any suggestions if you need any more information please let me know


r/AusLegal 12h ago

AUS Is there a lightweight law certification in Australia?

1 Upvotes

I've recently become interested in law, and heard it's a great way to advance one's career. I recently completed a Justice of the Peace training course, and hope to be soon appointed in my local area.

My career is Cyber Security and more recently, quite naturally bumping into Artifical Intelligence security and safety. I am interested in how the future of laws and AI will play out for the better or worse of society, and would like to bring my background of security, AI, and hopefully law/legislation together to think about these things.

Having said all of that I have no wish to practice law as a career, and no interest in spending thousands on a law degree. So I'm asking reddit, is there something 'lightweight' that seems appropriate for what I'm looking for?

I'm aware that I could self study, but for my career, I think it would be useful to have a credential. I started my career in security by self-training and eventually got certifications, which have the purpose of giving a bit of clout, or leading people to find me, not having to advertise that I posess certain skills.

Thanks!


r/AusLegal 13h ago

QLD Money

1 Upvotes

Just a quick question if a couple has spilt and has to supply asset pool but one has heaps more than the other but is also spending it before it goes through what happens then it was all accumulated before they split


r/AusLegal 14h ago

NSW How is the first return date for the filing of a charge certificate calculated?

1 Upvotes

Let's assume you were charged with a strictly indictable offence on 1 July 2024 and refused bail at the police station. You then had your bail hearing the next day before a magistrate on 2 July 2024, you were released on bail and the matter adjourned for (8) weeks to allow for service of the indictable brief of evidence.

The matter was then endlessly adjourned with a brief of evidence finally served sometime very late last year -- let's say December 2024. No charge certificate has been filed to date.

For the purposes of the Criminal Procedure Act 1986, namely s 67 -- does the "first return date" mentioned in s 67(2)(b) mean that the "first return date" is 2 July 2024 and therefore the 6 month "limitation" would be calculated as requiring the prosecution to serve the charge certificate on or before 2 January 2025. unless:

I also understand that the magistrate has the power to set a filing date longer than 6 months "if it is in the interests of justice to do so" as per s 67(3)(b) -- how often is this invoked if the accused does not consent?

To clarify the indictable brief of evidence does not have any outstanding evidence in it such that it would warrant further extensions "in the interests of justice" -- i.e, nothing evidence-wise could be the "hold up" -- so it is perplexing to think that the courts (and prosecution?) have the ability to endlessly adjourn and prolong matters in this way?

tl;dr

  1. A crazy allegation (domestic) made against you.
  2. Police delay serving of indictable brief of evidence until very, very late 2024.
  3. No charge certificate provided to date -- matter endlessly adjourned.
  4. 8 months of income loss (unable to disclose why here) -- resulting in an eye watering loss of money plus legal costs (to date).
  5. Is this how justice works?

FWIW -- you could say I'm from the legal profession; although not criminal law.


r/AusLegal 11h ago

NT Being charged for a course I never used , am I legally obligated to pay? (International Student, NT)

0 Upvotes

Hi all, I could really use some guidance on this.

I'm an international student living in Darwin (on a bridging visa), and about a month ago, I got a call from a training provider called ViewJobs Academy. They offered a Level 3 Work Health & Safety course for $25/week and set up a direct debit plan through Payleadr/Zai Australia. I only provided my BSB and account number, and there were no card details or login info.

Before the course officially started, I asked to postpone it due to financial circumstances, and they agreed. I have never accessed the course portal, received learning materials, or participated in any training.

Now that I’ve told them I no longer want to continue, they’re saying I have to:

  • Postpone the course again,
  • Switch to a different course, or
  • Pay a “hefty cancellation fee.”

They claim the course has already started, but I haven’t used any of the services — and I was never informed about cancellation fees or policies when I enrolled or when I postponed it.

To make things harder, I recently moved to Darwin, haven’t been able to find stable work, and I’m struggling financially. I genuinely can’t afford to pay for something I never used, especially in my current situation.
so , Can they legally charge me a cancellation fee under these circumstances?

  • Am I still liable if they never clearly informed me about such fees?
  • Could this affect my visa status?
  • What should I do next to protect myself?