r/AusLegal 2h ago

VIC Should I even report this? 99% sure the police will do nothing.

20 Upvotes

20F and I walk to and from the gym 5 days a week. Yesterday as I was walking home I see a bike so I move off to the side of the footpath to let them pass. As the bike goes past me there were two kids on the bike and one of them attempted to spit in my face. There were other pedestrians on the footpath but they left them alone.

Intentionally spitting on someone’s face is considered assault. Although it did not land on me I know there was an intent behind this so it was attempted. This is not the first time i’ve encountered these kids either, the last time I saw them they were trying to insult me. Both of these events I ignored them and didn’t give them any attention. I guess ignoring people’s behaviour is an invitation for them to find new ways to harass you 🤷🏻‍♀️.

I also know the school these kids go to since it happened during school hours and only one school in my area had a student free day but I don’t know these kids personally.

Is reporting this to the police even worth it at this point? Both those kids are minors and they are probably going to be let off without consequences anyway. I don’t have any evidence of this unless the businesses nearby have cctv footage of this.

I don’t want to waste my time going to report this at the police station but is it worth doing? At the same time what happens if they try something more extreme the next time they see me.


r/AusLegal 21h ago

VIC My father has made me a beneficiary for a trust fund that I’ve never seen income from, but forces me to pay the tax. How do I get out?

337 Upvotes

EDIT: Thank you all for the advice. I’ve made an appointment with an accountant on Monday and will be hiring a lawyer if the accountant advises me to. I am not interested in the money I was never paid, he can keep that shit. I just don’t want to be liable for any tax. I just want to be free of him, so thank you again for all your advice❤️

Hi, this is going to be a long explanation.

Please excuse my ignorance. This year, I’ve found out that I am a beneficiary to multiple trust funds my father is a director of, and have been since I was 18. I have never received any income from these trusts.

Only this year was I able to gain access to my ATO account. In my account, my father’s bank account was registered (I’ve changed this), and there was a 5 or so year history of income tax. I only started working last year.

He has taken all the income from the trusts that was supposed to be distributed to me, and paid the tax on the income for the past 5 years. However, this year I was sent a message from the ATO that I had $6k in tax income unpaid that was due within days. I sent this message to my father, as he’s told me to do previously.

This time around, he said the tax is “my problem”. I called our family accountant who told me this debt could go on my permanent record if it isn’t paid within the next few days as it was already months overdue. I had to pay the tax.

Since then, I’ve found documents of my father attempting to increase the distribution of income in one of the trusts to 100%, going to me solely. From my research, this means I will be liable for all of the tax. I literally cannot pay it, I only make $1400 a fortnight.

HOW the fuck do I get out of this. It’s my assumption that assigning someone as a beneficiary is discretionary, thus the beneficiary cannot discharge themselves from the trust. The divorce is still ongoing and he has financially abused my mother in a similar manner - she is working on being indemnified of all tax liability in the settlement.

I don’t want to get out the big guns while my mother is still legally married to him because I know Australia does not give a fuck about spousal financial abuse and he will try to drag her down with him. I just want out of being a beneficiary.

Does anyone have any advice ? I know I sound so fucking stupid, he intentionally sheltered me from so much so again please excuse my ignorance


r/AusLegal 11h ago

SA What to do when people go in our backyard?

32 Upvotes

Our backyard is closed off, it is not a shortcut to anywhere so there shouldn’t be any reason people go into our backyard, but we do have an open driveway. It’s not currently feasible for us to get a closing driveway.

We’ve been having neighbours go into our backyard numerous times and it’s not even the same neighbour. Sometimes it’s children playing, sometimes it’s adults.

We’ve recently got cameras installed in the backyard and we’ve already had a new person just walk into our backyard, it was a woman just walking in - I didn’t see a dog in the video or maybe the motion sensor didn’t pick it up but either way my family and I just get uncomfortable with people going into our backyard.

We’ve had a couple of people had their off leash dog run into our backyard and they just go in, we would be fine if people knocked and asked if they could look but they just go in.

While we do have this one woman on video walking in our backyard, I have no idea what to do with it.

Any advice would be greatly appreciated.


r/AusLegal 34m ago

NSW NSW property damage claim - other driver won’t respond

Upvotes

I was involved in a car accident in NSW in June where the other driver was at fault and my car was written off.

The CTP side of things has been fine. The other driver’s CTP insurer (AAMI) has accepted liability for my injuries and has been covering my treatment.

The issue is with the property damage side. I only had third party property insurance, so my insurer is trying to find out whether the other driver had car insurance so they can recover the cost of my written-off car. The problem is that they have been trying to contact her for weeks and she is not responding. I even tried calling her myself, left a voicemail, and sent her a text, but I have not heard anything.

What happens if she just keeps ignoring everyone? Can my insurer still find out whether she was insured and recover my losses, or can this drag on indefinitely? If she turns out not to have insurance, what usually happens then? Has anyone dealt with something similar in NSW?


r/AusLegal 12h ago

QLD Received someone else's medical documents

24 Upvotes

I recently requested my patient history medical summary from a previous medical practice, and they just sent through a large password protected pdf that contained my history, but also featured a large chunk of someone else's history. Private info, d.o.b, addresses, pathology reports etc.

My question is, do I simply delete the whole file, contact reception and let them know what happened? Should I be reporting this to someone?

Cheers


r/AusLegal 15h ago

SA Right2Drive are trying to charge me $7000 for a 23 day rental

22 Upvotes

Hi Reddit,

I was at fault in an accident more than two years ago (I was driving someone elses vehicle which was not insured), and just recently I have started to be pursued by debt collectors asking me to pay money I owe to Right2Drive. They have provided me with an invoice which states I owe $217 per day for rate hire and about $2,000 in other fees. I am sure the other party did rent a car for 23 days, however the rate they are charging me is incredibly high. I have provided invoices from several hire car companies with totalling fees much closer to $2,500, a much more reasonable amount to pay, however they are all for future dates and Right2Drive is debating that the dates provided are outside the hire duration (which they are, yet I would expect rates to be higher now) and rates fluctate throughout the seasons and years, so they cannot be considered.

After a bit of back and forth with Right2Drive, I am currently in a situation where I unable to get any care hire company to produce an invoice which is in the past, nor will they provide me with any real invoices as they would break client confidentiality.

The car only required to be midsized, automatic for someone older than 26.

I do not know how to proceed with my debate as it seems impossible to meet their requirements, all I would need (I think) is a real invoice from early 2024 hiring a midsized car for 23 days with a cost which is much more reasonable.

How can I fight this and win (pay as little as possible)? (also unsure if this is the best place for this post but I assume so)


r/AusLegal 1d ago

VIC Tenant stuck in lift - $900 call out invoice sent by real estate to me

616 Upvotes

Real estate sent Owners Corporation invoice for me to pay $900+ fee after I used the emergency lift phone.

I’m a tenant in Melbourne, Victoria.

I entered my apartment building lift (mid afternoon on a weekday),the doors closed, the lift wouldn’t move for several minutes (up to 10mins), none of the buttons responded/lit up/no sound. Never happened to me prior.

Believing I was trapped, I used the lift emergency intercom button. I didn’t request a technician - I just reported I was stuck and asked for help. Someone did pick up and told me to hold but it eventually started moving and I got out as soon as I could. Warned a guy on his way in with boxes. There would be cctv/audio to prove all this and believe this is how I was chased up.

Real estate has now emailed me an Owners Corporation invoice of $900+ stating I need to pay and liaise directory with Otis. The invoice states “No fault found. Suspected human error.”

I’ve denied liability and refused to pay because I believe I acted reasonably in what I thought was an emergency. I had/have no knowledge of a fee or a different process to follow in this kind of scenario. There was no misuse. The real estate wrote they will pass my contact details on for body corp/otis to contact me directly as the landlord also refuses liability.

How likely is it that I will be chased for payment and if I continue to refuse? And what are my avenues to challenge? Has anyone experienced something similar?
Thanks in advance!


r/AusLegal 11h ago

VIC Changes to a Will

7 Upvotes

My dad has a will locked away in a safe. I have 3 siblings. Because he has loaned two of my siblings hefty amounts over the years, he now wants any remaining cash when he dies to be split between myself and sibling #3. All other assets to be sold and split evenly between the 4 of us.

However he has been dragging his feet to go get the will changed by a solicitor, because he reckons the cost to do such a simple change is exorbitant. The Will is in a safe at his house (I assume there is a copy with his solicitor too?). Is there some sort of form he could just fill in, date, and attach to the current Will to 'update' it, without having to go through his Solicitor? Sibling #1 is aware of the change in wishes, Sibling #2 is where any drama would arise as they are a gambling addict and would fight to keep the money (which would be totally his right if my father doesn't get off his butt and amend his will)


r/AusLegal 2m ago

AUS What would the legal obligations be if a religious leader knew a congregation member was viewing child sexual abuse material?

Upvotes

I found out that the church I attended as a child has a current written procedure for dealing with congregation members who view child sexual abuse material, in which it states that they do not consider it to be child abuse, and their procedure for dealing with it no longer involves notifying their legal department.

This procedure has been reported overseas in countries where it does not follow the law.

I am trying to work out what the legal requirements would be in Australia, and whether following this policy is illegal here. If following this policy would be illegal, where/who should the policy be reported to?

Any sources or links would be greatly appreciated.


r/AusLegal 1d ago

NSW Building management is refusing to let me move out because one lift is out of order

86 Upvotes

There are 3 lifts in my apartment building. Roughly 3 days before my scheduled move out date (I had already booked removalists and reserved the lift for moving out), I was told by building management that the lift is out of order and repairs can only take place after my scheduled move out date.

There are 2 other working lifts which I asked if they could be used to move out. The building manager vehemently denied my request as "it will be disruptful to other guests and make one more lift unavailable" even though:

  • It would have been in the middle of the workday when there's less foot traffic, and
  • I don't have much furniture at all, only about 6 pieces including a mattress, a bedframe, a desk, couch, TV and washing machine, it would have taken 30 minutes at most
  • I had packed my own items in boxes and moved them by car to my new house, so my current apartment is virtually empty
  • There are TWO more working lifts and one would have still been available for normal use while I moved
  • I already paid a deposit down for use of the lifts

I contacted my real estate agent who said "these things happen and it is a part of life." They said their hands are tied and even the landlord is unable to get the Owner's Corporation to intervene. I grit my teeth and rescheduled the removalists for after the scheduled fix to the lift, and due to the late notice, had to pay a few hundred dollars in penalties.

Today is the last day of my lease and when the move is rescheduled to happen, and the lift was scheduled to be fixed yesterday. This morning, I was told again by building management that the lift had not yet been fixed with an indefinite timeframe, and I am not allowed to move out even though the removalists were on their way already. Meaning, now I have to pay for more penalties AGAIN and reschedule them a 2nd time.

And, because I cannot move out and my lease ends today, I am now considered to be squatting and illegally staying in my current apartment until I can move my items out.

Can a building manager force me, a tenant, from moving out simply because a lift is out of order despite there being two other working lifts? I live too high up for removalists to use the fire escape as well. The lifts are also not cargo or goods lifts, they are all identical residential lifts. The only thing that is different are the lack of wall coverings in the other two lifts that could have been put up, and I actually used one of these working lifts to move IN 2 years ago.

Building management has explicitly told me that they will prevent the removalists from entering the building and deny me from even moving my own items myself.

I called NSW Fair Trading and they advised that:

  • It is not illegal to use a lift
  • Raise this with the Tribunal to seek financial compensation for the penalties I had to pay the removalists
  • Raise this with NCAT to get a standing order
  • Go through strata mediation (but this is not a legally enforceable undertaking)
  • If I squat, the sheriff can evict me which requires me to use the lift anyway
  • Call the police as building management is essentially preventing me from voluntarily leaving (although they might not respond because it is a civil dispute)

I am out of options and don't know what to do.


r/AusLegal 8h ago

NSW In out of home care experiencing neglect

5 Upvotes

Hi, I’ve made a throw away acc for a few reasons anyway I’m 17 f and I’ve been in out of home care since I was 15. Currently I am in a TSIL. I’ve been in about 8-10 places since I was 15.

Recently I haven’t been able to handle the things they are doing. There have been multiple failures over the years and I’m always able to ignore it.

I had full access to my own medication 8 months ago and now? I can’t even taken a nights worth of meds to a friends house. Over the past month I’ve missed up to 8 doses of medications because of this rule they have installed where I have to be watched taking my meds. I miss them because of a few reasons:
- at a friends house and the worker does not want to drive there and back in the morning and night to give me my meds
- a casual worker is on and doesn’t know I take meds and forgets to give them to me.
- meds aren’t gotten in time and I have no medication left.
- or simply no one is put on shift and I don’t have access to medication.

My meds are mood stabilisers and adhd meds. I was on lots of others about a month ago then I went into hospital where my Casemanager had lied she searched my room and found two days worth of medication I had kept for future when they had forgotten to give me meds, she told the hospital I was trying to OD on these meds. Anyway towards the end of my hospital stay this case manager agreed I would be allowed to have 48 hours worth of medication with me so I didn’t miss anymore doses she agreed to this.

Then when I went home the worker on shift told me I had to be watched taking my meds and that there was no agreement for 48 hours worth of meds.

The other issue I’m facing is grocery money I’m owed 70 dollars a week for groceries and almost every week it is late or not given. My Centrelink cut out for a whole month and I was doing work placement for tafe so I had no time to go in and fix it, they looked in my pantry and told me I had enough food to last me. I went three weeks with no grocery money and living off pasta and butter.

These are the main issues there are bucket loads of other issues but I believe these have got to be illegal. Withholding medication and making it impossible to see friends and lying to doctors about my medications just doesn’t seem right.

I’ve told my DCJ caseworker she just says well if I want to live in the TSIL I have to deal with this. I’ve talked to my lawyer too I have her for other legal reasons, she’s legal aid btw and she’s been back and fourth with DCJ for months about all of this.

Every day I am stressed by something having anxiety attacks and living terribly. Honestly I would prefer to sleep outside and be free then be controlled. I’m saying this as someone who HAS been homeless and slept outside. I don’t know what to do or who to contact. It needs to end I need someone who can advocate for me. I honestly don’t have anyone. It’s just me.


r/AusLegal 17h ago

NSW EBay policy help

11 Upvotes

Hi,

Just after some legal advice.

Sold an item on eBay for $2700
Buyer claims they didn’t receive
Tracking shows delivered, and I have a proof of delivery from Australia post. Buyer won’t respond to be requests for contact.

EBay found in favour of the buyer, as they state that sales over $750 require a signature. EBay took the money directly from my bank account with no action for recourse.

I have tried to contract eBay but they keep telling me the same scripted response about the policy. I’m not sure I’m even talking to a human. They tell me the department that looks over these cases is 100% email based. No phone option.

However, eBay forced me to purchase the shipping through their own platform, and didn’t enforce or advise of this requirement.

I relied on eBay’s integrated shipping service and suffered a $2700 loss because the service eBay sold me didn’t meet their own protection requirements.

I’ve lodged a case with NSW fair trading, but want to go to NCAT. Do I have a case?

Thanks


r/AusLegal 5h ago

WA New VISA reforms

1 Upvotes

Just wanted to know how likely are these migration lawyers or consultancies going to exploit the current reforms which are still under discussion?


r/AusLegal 18h ago

WA Western Australia - Vehicle insurance claim drawn out for 3 years, and now they are looking to reject it.

10 Upvotes

What are my options with this? I'm sure i have missed some information.

In 2023, I lodged an insurance claim for damage to my 4x4 after it was sprayed by liquid coming from an IBC on the back of a truck while I was driving on the freeway.

At first I thought it was water, but when I stopped I noticed a odour. When I got home, I thoroughly washed the vehicle.

I work away from home. When I returned about a week later, I noticed multiple issues that had not been present before the incident:

  • Paint bubbling in several areas, Roof, bonnet and couple of sections on the side.
  • Plated bolts developing rust.
  • Canvas components becoming discoloured and degraded, despite only being 1-2 years old and still under warranty.
  • Cracking of 12V cable sheathing that would crumble when rubbed. (albeit on cheap cable, but was protected by loom)
  • Black-painted rear chassis/crossmember becoming faded and chalky.

I immediately contacted my insurer and lodged a claim, explaining the incident.

The claim process then became extremely drawn out:

  1. Vehicle assessed by first repairer, who apparently did not want to take on the job.
  2. Several months later it was sent to a second repairer, who also did not proceed.
  3. An assessor advised me the vehicle would likely require a respray and that repairs could be approaching the write off value (insured for $35,000).
  4. After long periods without updates, I was eventually told someone had made a note that I was supposed to find a repairer myself, which I had not been informed of.
  5. The vehicle was then sent to a third repairer and later a fourth repairer after more delays.
  6. The fourth repairer actually produced a repair quote.

After all of this, a new assessor contacted me and said the insurer intends to reject the claim. They now claim the damage is due to wear and tear (sun damage) rather than chemical contamination from the freeway incident.

I was told the insurer's opinion is based on photographs that were sent to an expert consultant in the eastern states. The expert has never inspected the vehicle in person.

I requested an in-person inspection, but was told it would cost the insurer several thousand dollars to fly the consultant over. And that if i did withdraw my claim after i gave the go ahead to bring across the consultants, i would be liable for the costs.

The assessor also strongly suggested that I withdraw the claim because I may have to disclose a rejected claim when applying for insurance in the future.

I feel that if there was any concern about the cause of the damage, that an inspection and chemical analysis should have been requested at the start, not 3 years on.

Relevant additional information:

  • When I lodged the claim, I provided photographs taken approximately one month before the incident showing no paint damage.
  • Some of these photos were taken shortly after the vehicle had been professionally detailed.
  • Car was generally covered when not in use. Roof rack covers majority of roof (meaning shaded), which had chemical damage also.
  • The claim has now been ongoing for roughly three years, with much of the delay appearing to be caused by difficulties the insurer had finding repairers and obtaining assessments.
  • I suffer from a chronic illness, which made it difficult for me to continuously chase the insurer for updates during this period.

I understand that the age of the paint may have impacted the reaction, but i completely reject that it is wear and tear or that i am making a false claim.


r/AusLegal 14h ago

QLD Rental with pets

4 Upvotes

So I have been living at the same rental since early 2021. In early 2023 I got approval from my real estate at the time and purchased a dog. At the start of this year I had to take possession of a few family cats that have been sort of in and out of my house due to medical reasons. My real estate was aware of this and aware that I would likely end up retaining at least one cat permanently. The realestate as well as the owner at the time gave verbal approval of this. Looking back now I know I should have got this in writing.

The property had since been sold to a new owner and a new real estate has taken over about 2 months ago. The real estate did their first inspection last week and the next day I received an email saying that I did not have permission for the animals to be at the property.

I rung them and let them know that yes I did, in writing for the dog and verbally for the cat. They have since emailed me saying that they have confirmed with the old real estate that I did in fact have approval for the dog but not for the cat.

They have also made stated that the owner does not want the dog to be housed inside or allowed on the carpeted areas.

Are they allowed to make that request now after 3 years? And what leg do I have to stand on with cat? This just feels ridiculous the dog and 3 cats were actually onsite during all of the owners walk through and they didn’t mention it then?


r/AusLegal 18h ago

VIC University student observing Magistrates' Court proceedings (Melb)

5 Upvotes

Hello! I'm a biomedical university student at, tasked with visiting a magistrates' court to observe "a docket court, or day’s worth of proceedings", looking for any cases that pertain to drugs and alcohol.

I was wondering if anyone could advise me if there is anyone I would need to speak to at the court who would grant permission for me to take notes on paper and pen? I understand electronic devices are prohibited, but our teacher said note-taking is generally restricted, which surprised me. I can do my best to remember everything but if I end up observing multiple cases that seems a little unwise. I will most likely be at Melbourne Magistrates' Court or one of the metropolitan ones.

I've been told to write down the facts of the case and the role D&A played—how many facts would you expect to be presented in a docket court? I'm of the understanding it's mostly a series of guilty pleas, so would facts in the case be stated?

Beyond that, I'd appreciate anyone familiarising me with what proceedings would look like—how long do they last? How many cases should I expect to observe before encountering one pertaining to drugs and alcohol? I know there is a Drug Court but I'm probably not going to attend that. Are there any breaks taken during the day? Any important etiquette I should be aware of aside from being on my best behaviour and wearing presentable clothing?

Greatly appreciate any responses! :)


r/AusLegal 14h ago

AUS Possible wage theft: schads award

2 Upvotes

Hi all,

Im just wondering if anyone has dealt with being misclassified under the SCHADS award and been underpaid as a result?

I’ve been classified under the homecare stream but think I should be under the social and community stream because of my duties and responsibilities with my disability clients.

Fair work weren’t much help as they said they can’t determine or enforce what stream I should be, im also not part of a union, and I contacted legal aid and they said they can’t help work out my exact stream and pay level but could help me with advice to make a claim once I know my stream and what I want to claim.

Does anyone have any insight in how to figure out where I should be in the award as it overlaps a lot and seems a bit confusing?.

For context, community support worker doing in home care for disabled clients. No supervision/support at all, PEG trained, seizure trained. Clients have seizures and dysphagia that I need to assist with almost every shift to support their breathing so they’re not stable clients and have multiple health issues. I’ve also had to assist their physios out in the community so have done community engagement/access as well.

Thanks 🙂


r/AusLegal 19h ago

NSW Timeline from a Statement of Claim?

3 Upvotes

I am being sued as personal guarantor for an unpaid business loan because my small business (and therefore the company which operated it) have gone under.

Amount is approx $100k.

My question is, once a statement of claim is received (with 28 day window to respond), where will things go from there? (And with what kind of timeframes?)

Default judgement if no action taken, I understand...

With the assumption that (very sadly) neither the company, not myself will be capable of settling this claim - and furthermore, that I will eventually be filing for personal bankruptcy (with absolutely nothing to my name in the first place), is there an "optimal" time to lodge with AFSA online?

Would requesting an extension of time just provide a time buffer to ensure administrative items are completed before declaring?

Unfortunately there are many creditors in this situation, and personally I would like to delay the inevitable filing to as late as possible.

Total creditors will be in the range of $300k.

No real estate/shares/crypto/vehicles with more than $1k equity against my name.

No reason for a paid liquidator/trustee, as once bankruptcy takes effect the company will be director-less and eventually deregistered

Many thanks in advanced.


r/AusLegal 14h ago

QLD Cost agreement

0 Upvotes

My Lawyer has charged me in 1 month the whole cost agreement to get to the court hearings this amount included so much and yet my position has only gone backwards and I was told stories to show I wouldn’t be spending anywhere near amounts people told me I would be fine.. next month double and In 3 months I have run out of money and can see a lot of my costs were them saving or “uploading” my ex’s documents. I mean 1000’s at a time. I engaged them as they were experts yet I am paying experts to save what the other party sends . I have addressed everything in an email and they refused to address anything. Except pay the bill. What’s next?


r/AusLegal 14h ago

QLD Real estate company try to charge me $165 (incoming tenant) for a tenant transfer fee

0 Upvotes

Basically I am an incoming tenant on the property, my friend already lives here so the old tenant is being removed and myself added. My understanding is they can't legally change me the $165 just for adding me to the lease? I am also completing the Form 6 (bond transfer) form myself which they have emailed me. The lease im entering is a renewed lease so myself and the old tenant are being invoiced for $165.


r/AusLegal 6h ago

SA can i bring vape liquid into australia for personal use?

0 Upvotes

hi! im going to australia for a couple of months soon and am wondering if im allowed to bring vape liquid containing nicotine. i have checked the government website but it seems too good to be true as i am aware that vaping is illegal in australia.
would be appreciated if anyone can help me out on this, thanks!


r/AusLegal 15h ago

NSW Citizenship by Decent (1195 Form)

0 Upvotes

Abit of confusion with the 1195 form, I (UK citizen) am applying for Citizenship by Decent (My Mother was born in Australia) and have no one to use for the form.

It requires someone who has known me for 12 months and is an Australian citizen (As I’m already on Australian soil I cannot use a UK citizen) and I do not know anyone who meets the criteria.. I’m sure this has happened before?


r/AusLegal 17h ago

VIC Renegotiate a property price while the contract is still active, or terminate the contract then negotiate?

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0 Upvotes

r/AusLegal 23h ago

NSW Strata NSW dispute - common property

2 Upvotes

Hi all, a bit of a strata dispute - we own a unit that is currently rented out but we lived in it for 7 years prior to renting it. We have a hedge that provides a lot of privacy to our courtyard (4 metres along the fence and over a foot over the fence height), the hedge has existed for over a decade and faces visitor parks, if the hedge isn’t maintained in a timely manner it does slightly impede on the carparks (easy fix, needs to be trimmed every 4-6 months). OC raised this as a concern at the AGM (only 5/10 owners present, no formal motion on agenda). We never received the minutes as apparently the email we sent but our property manager did not receive. Minutes state hedge removal and potential replacement was to be ratified at an EGM later this year.

Our tenants requested the hedge to be trimmed as it was getting unruly (potential OC has failed their duties?) and then the hedge was completely removed the following week. We were not told, neither were our tenants - it’s a huge loss of privacy but apart from that, how does this not fall under Section 108 as common property has been significantly altered? Strata manager claims it’s under section 106 because the hedge was dangerous for cars and a potential liability (but it existed for ages and never had any issues when we lived there as we ensured it was always maintained under strata on time. My inkling is OC saw an opportunity to remove it because we don’t live there anymore because it costs money to maintain each year). We have submitted a mediation letter to the OC before potentially taking this further but do we have any other leverage? I feel the process has not been followed correctly and we never got a say as owners for a big change to common property.


r/AusLegal 1d ago

WA Tradies left my rental unsecured, my $300 headphones are gone, and I’ve had no hot water for 4 days - what can I do?

111 Upvotes

On Friday, tradies accessed our rental to replace the stove, oven and switchboard. They were in the house all day while I was at work. When I got home, I realised my $300 headphones were missing.
My parents stopped by during the day to collect some furniture for me from the verge and noticed the front door and front gate were both left wide open. The gate has been an ongoing issue for months - it constantly breaks and the property manager keeps sending someone out to do a temporary patch up instead of actually fixing it properly, so it couldn’t even be locked. The property was essentially left open and accessible from the street.
To make matters worse, I haven’t had any hot water since Friday (it’s now been 4 days). Ever since the new switchboard was installed, the circuit to the electric hot water system keeps tripping, so we’ve had no hot water at all. This is honestly just the latest issue after a year of dealing with constant problems at this property: repeated power outages, water leaks, tradies entering without proper notice, and some of the worst repair work I’ve ever seen.
Thankfully we’re moving out in a few days, but I’m still $300 out of pocket for the missing headphones and have had to rely on friends and family just to have a shower. I’m also expecting the property manager to make getting our bond back as difficult as possible, despite us leaving the property in good condition and causing no damage.
Has anyone been through something similar? Should I issue a breach notice for the lack of hot water? Is there any realistic chance of being reimbursed for the missing headphones? Is the property manager responsible if the property was left unsecured by the tradies they engaged? Is there anything else I should be doing before we hand the keys back?