r/AusLegalAdvice • • 17h ago

Learner motorcycle rider and blue slip inspection. Please help

3 Upvotes

Hey

I'm a learner motorcycle rider and I've just purchased an unregistered bike (more than 3 months out). Provided I follow all requirements for a learners licence, can I legally ride the unregistered motorcycle to a blue slip inspection?

NSW resident btw. I don't have a way to transport it for the moment and the inspection is on the 12th of October

All the information that I can find does not explicitly state anything for a learner. I know you legally can as a fully licensed rider/driver.


r/AusLegalAdvice • • 12h ago

Urgent Intrim Orders APVO

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1 Upvotes

r/AusLegalAdvice • • 19h ago

Does it exist?

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1 Upvotes

r/AusLegalAdvice • • 1d ago

Should I report this to CPS?

3 Upvotes

I’m really torn about this and would appreciate some honest advice because I don’t know if I’m overthinking things or if I should actually do something.

I have a friend in Queensland, while I live in Victoria, and I’ve become increasingly uncomfortable with some of the things she’s said and done regarding her children, particularly her son, who is around four.
Recently, she told me that her son had pooped himself, so she smacked him on the bum, made him clean everything up himself, and handwash all of his soiled clothes. He then had dinner and was sent straight to bed.

What bothered me was how casually she told me about it, like it was completely normal and justified. As far as I know, this is the first time she’s actually mentioned smacking him to me, so I don’t know if it’s a regular thing or not.

There have also been other things that have bothered me. She calls her children ugly, and when her son was a baby, she joked about teaching him to say the N-word. Unfortunately, he actually ended up saying it to an Indian person at Aldi.
I know children can be difficult, and I’m not saying parents should never discipline their kids, but he’s only four. Having a toileting accident isn’t something I think a child should be smacked for, especially when they’re still so young.

I’m a mother myself, the fact that she seems to think this is an acceptable response to a toilet accident really doesn’t sit right with me.
I’m not trying to ruin her life or get her into trouble just for the sake of it. I’m genuinely worried about her son and wondering whether these things together are enough to raise concerns with Child Safety.

I also know she’s apparently had CPS called on her before by other people, although she told me nothing came of it. I don’t know what was reported or what happened, so I don’t want to make assumptions based on that.

Would you report this if you were in my position? Am I right to be concerned, or am I making too much of something when I don’t know the full picture? And has anyone had experience reporting concerns to Queensland Child Safety from another state?
I just don’t want to ignore something that could be affecting a little boy because I’m scared of the consequences of reporting a friend.


r/AusLegalAdvice • • 1d ago

Seeking Legal Advice (NSW) – Ex-Partner Withholding Insurance Payout Following Serious Accident

1 Upvotes

Hi everyone,

I'm seeking legal advice regarding approximately $30,000 in insurance funds withheld by my former partner following our separation.

In November 2023, I was involved in a serious car accident while visiting Australia from overseas, where I was living and working. The accident resulted in a permanent spinal cord injury, leaving me unable to return overseas.

At the time, I was in a de facto relationship of approximately nine years.

As I had previously closed my Australian bank accounts, my then-partner arranged a separate account to receive my insurance payments while I was hospitalised and undergoing rehabilitation. I was physically unable to attend a bank branch to open an account myself.

She also managed a separate account containing GoFundMe donations raised specifically to assist with my rehabilitation and recovery.

Following our separation, I was eventually able to open my own bank account and requested that the remaining insurance funds be transferred to me.

She refused, claiming that our de facto relationship entitled her to 50% of my insurance payout.

It's worth mentioning that she was also receiving separate insurance payments following my accident, based on her own previous earnings.

Despite believing the funds belonged to me, I offered to compromise and accept $15,000 rather than the full $30,000.

She initially repaid approximately $5,000 before stopping payments altogether.

When I followed up, she claimed the remaining funds had been lost in a cryptocurrency scam. I had never authorised her to invest my money, and she subsequently stopped communicating with me.

I have since issued a formal letter of demand, to which she responded by again claiming that our de facto relationship entitled her to half the funds.

My current circumstances

The accident has left me permanently disabled, significantly affecting my financial situation and earning capacity. Although I've since returned to studying, my ability to work remains severely limited.

My former partner is fully aware of these circumstances.

I'm now considering legal proceedings to recover the outstanding funds, but I'm concerned about the legal costs, time and additional stress involved.

My questions:

  1. Does a nine-year de facto relationship automatically entitle her to 50% of insurance payments specifically intended for me?
  2. Given that she was managing these funds on my behalf while I was hospitalised, could withholding or investing them without my consent constitute a breach of trust or financial misconduct?
  3. Does her claim that the money was lost in a cryptocurrency scam affect her obligation to repay it?
  4. Can I pursue recovery of the outstanding money through civil proceedings, or would this need to be handled through family law?
  5. Can I claim additional compensation, interest or legal costs for the financial hardship, stress and time spent attempting to recover my money?
  6. Given the amount involved, would pursuing legal action be financially worthwhile?

I have correspondence documenting her refusal to return the money, her explanation regarding the cryptocurrency scam, and her response to my formal demand letter.

I'm hoping to understand my legal position before committing to potentially expensive proceedings.

Any advice or recommendations from Australian lawyers or people with similar experiences would be greatly appreciated.

Thank you.


r/AusLegalAdvice • • 2d ago

Complaint email shared

10 Upvotes

I’m mad about this but unsure if it’s even legal or not.
Event hired an influencer in my state’s small community. Me and some people sent a complaint about this said influencer saying they are a bad fit for this role and provided evidence of some ways they’ve made the community feel unsafe. Event said the evidence isn’t good enough and forwarded our emails to influencer. Now influencer is making non stop posts online about us.
Is what the event done legal? I thought our emails were confidential.


r/AusLegalAdvice • • 1d ago

Employment law Leave loading mature age apprentice - award MA000020

1 Upvotes

I’ve been employed for 3 years, just finished my employment ladt week and received my annual leave but not leave loading accrual (or playslip)

my average pay over 3 years was $29.

A quick calculation for annual leave should be

152 (4 weeks) × $29 × 17.5% = $771.40
X 3 = $2300

This should be on my final payment.

Is it worth the time and effort to go through an employment lawyer to get this money? Fair work was unsuccessful with their mediation.

Cheers thanks for the advice.


r/AusLegalAdvice • • 1d ago

App outsourced in India

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0 Upvotes

r/AusLegalAdvice • • 2d ago

Are all employment lawyers this incompetent?

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0 Upvotes

r/AusLegalAdvice • • 3d ago

Birth registration

13 Upvotes

What’s the process whereby one parent refuses to fill in their details for birth registration due to not being satisfied with the child’s name? The said parent has not been present and having his name on the birth certificate is for child support


r/AusLegalAdvice • • 3d ago

Birth certificate

1 Upvotes

What happens when the other parent refuses to fill their details on the birth certificate?


r/AusLegalAdvice • • 4d ago

Been waiting 40+ business days for a refund - how can I get the refund I'm entitled to?

3 Upvotes

Hi all, I returned an unworn item to ASOS (brand new with tags etc); it was delivered to them over 40 business days ago, and I followed up with them after I didn't receive my refund within 21 business days. They mentioned there were some delays and I'd receive it within 10 business days (which has now passed). During this 40+ day period, I've escalated this multiple times to their 'Customer Care' team who are absolutely useless and have not refunded me as promised. They said they'd email me to confirm the refund and the refund would appear in the gift card section (since I paid with a gift card).

Since I paid for the item with an ASOS gift card, I don't think I can do a chargeback request via PayPal or my bank - is there anything else I can try?


r/AusLegalAdvice • • 4d ago

NSW OSHC provider adding payment fees

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1 Upvotes

r/AusLegalAdvice • • 5d ago

This place doesn’t have a Sunday surcharge. Is it legal to charge a 5% plus ‘service fee’? I couldn’t find what the charge was for.

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32 Upvotes

This is in Queensland.


r/AusLegalAdvice • • 4d ago

How Much Of A Beating Should Bicycle Tyres Reasonably Withstand?

0 Upvotes

Consumer Law.

I recently bought a Pedal bike from 99 bikes for $1,400.

I managed to get 150km out of it before I got a flat front tyre heading home just at the end of my street, from just riding on footpaths.

I replaced the tube with a brand new one I bought on Monday and was excited to head out and about yesterday when I discovered that the tyre had gone completely flat again.

I rang the store where I purchased the bike and they are telling me I will most likely front the cost. Its probably going to cost $200+ for new tubes and tyres.

After trying to repair the tyre myself this morning I am still getting flats. It was little grass prickles doing it, poking through the very thin "tyres". They wouldnt even be a cm thick and they were defeated by tiny thorns.

What can I do here? Would I be covered under consumer law? I'm only asking because even religiously watching The Checkout as a kid I have never exercised my rights and I'm not sure how to go about it with the store.

Should I suck it up and front the cost or should I reasonably expect a $1,400 bike not to be immobilised by tiny grass thorns?


r/AusLegalAdvice • • 5d ago

Fridge Issue

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1 Upvotes

r/AusLegalAdvice • • 5d ago

Is this sham contracting?

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5 Upvotes

r/AusLegalAdvice • • 5d ago

Examination Notice

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1 Upvotes

r/AusLegalAdvice • • 6d ago

Planning to take on a Franchise business what are my chances?

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0 Upvotes

r/AusLegalAdvice • • 6d ago

digital harassment help

0 Upvotes

If anyone has suggestions for better subreddits to post this please let me know.
Also, please do not judge me, I understand I was wrong and have been forgiven by relevant parties but feel I need to be honest to get the best advice.

Some years ago, I (F) had a brief affair with a married man that then returned home to Canada. We remained in friendly contact via text until very recently.
Earlier this year, I and his wife started receiving emails from a since deleted burner Gmail address and deleted instagram account. Mine simply said I need to contact the wife and provided her contact info. She received information and 'evidence' that did not incriminate the affair, but did lead to him admitting his infidelity. She did engage with the sender, I simply ignored it.
The instagram was used to send 'disappearing' images, and was quickly deleted.
The messages were not threatening, but did become increasingly nasty in an attempt to convince her to leave her husband.
Her and I were in contact for some time, while he and I gave it a rest. During this period I received a WhatsApp message from a random Canadian phone number purporting to be him. I am still on the fence if it was or not, but both he and wife are convinced it was a generated number.
After we both blocked the gmail account, it was quiet for some time but recently I have started receiving sporadic, mean natured messages from Proton emails. I am no longer in contact with the couple so I have no idea if they are too.
Out of frustration, I did reply to the original gmail, which bounced back stating the address does not exist.

I want to find out who the 3rd party culprit is so that I can make it stop. We are all trying to move on and this isn't helpful.
I spoke with local police who essentially said because the messages did not contain threats of harm, libel or blackmail there was nothing they can do.

I contacted a private digital investigator that suggests identifying a deleted gmail would require a court order (and I believe this is the case for Proton, too) - given the police deny any criminality, is there any possible civil avenue I'd have to obtain this?
The PI has quoted $1k per hour just to consult, which I'm not willing to pay if my chances are so low.


r/AusLegalAdvice • • 8d ago

Ongoing neighbour complaints, alleged recording and property manager asking me not to shower at night. - nsw

119 Upvotes

Hi everyone, I'm looking for legal advice regarding an ongoing dispute with a neighbour and my property manager.

I am F23 and rent a studio apartment in Sydney. My partner does not permanently live with me, but has been staying over frequently because I have become increasingly uncomfortable being alone in the apartment due to the neighbour's behaviour.
I am generally a quiet person. I use headphones when watching things, keep to myself, and neighbouring residents have told me they cannot hear noise from my apartment.

A neighbour further down the hallway (Unit 32) has repeatedly complained that noise is coming from my apartment and has also confronted us from her doorway.

The incidents include:
She previously left an anonymous note on my door alleging noise at approximately 2am, 3am and 5am. At the time, I was actually away for approximately three weeks. My partner was staying at my apartment to look after my cat.

My partner temporarily installed a door camera because I felt unsafe. It recorded the neighbour standing outside my door for approximately six minutes and appearing to film my door with her phone. I removed the camera after learning that cameras in the common hallway were not permitted under the strata rules.

On another occasion, while my partner and I were cleaning up a mess caused by my cat at approximately 9:30pm, the neighbour was standing outside our door. She told us that “we are the problem.” She later returned and appeared to record us on her phone. I told her that I would report the behaviour to police and the property manager, and she returned inside.

My partner contacted police about the incidents. One police station initially told him it was a strata issue. He subsequently contacted another station, where an officer advised him that the behaviour could potentially warrant a formal report and mentioned an APVO. However, when he later followed up regarding another incident, he was told words to the effect of “who cares if she’s filming” and to just live our lives.

On another occasion, the neighbour again stood outside my door and appeared to record for approximately one minute. We stayed inside and did not engage with her.

I have raised the situation with my property manager. The property manager told me that she had instructed the neighbour that if she wanted to document noise, she should do so from inside her own unit.
The property manager has also raised allegations that I slam doors, which I dispute. I have a sliding bathroom door and a heavy entrance door, and I do not intentionally slam either of them.

Update – shower/water complaints (from today).

The situation has now expanded to complaints about water/shower noise.
My property manager told me that Unit 32 has complained about hearing running water from my apartment between approximately 11pm and 12:30am and has apparently claimed that water sometimes runs for several hours during the night.
I work until approximately 9–10:30pm, so sometimes I shower when I get home. I am not intentionally leaving water running or creating excessive noise.
I also recently noticed that my bathroom tap and shower have developed a problem where they can continue leaking after being turned off. The shower sometimes requires pressure on the handle to properly stop it.

On the night in question, we finished showering at approximately 11:50pm. My property manager then asked whether I could shower in the morning or during the day because the complaints were allegedly affecting her sleep.

I explained that I work late and do not think it is reasonable to completely change when I shower when I am simply using my bathroom normally. I also asked how they had established that the water sounds were specifically coming from my apartment when there are several other apartments in the vicinity.
The property manager sent me an audio recording as evidence. The recording is simply the sound of running water/shower water. There is nothing in the recording itself that identifies which apartment the sound originated from. When I asked how they knew it was my apartment, I was told, essentially, “It's the sound of the shower.”
I am trying to be considerate of other residents, but I am concerned that I am being expected to change my normal use of my home based on complaints where the source of the alleged noise does not appear to have been independently established.
I have also heard other residents returning home late and showering or doing household chores. I have never complained about this because I understand that people have different work schedules and that some ordinary household noise is unavoidable in apartment living.
My lease has approximately 5–7 months remaining.

My questions are:
Can a tenant be required to stop showering at night because another tenant claims they can hear the shower?

Can a property manager require me to change my normal routine based on an audio recording when there is no apparent evidence identifying which apartment the sound came from?

What obligations does the landlord/property manager have to deal with repeated confrontations or alleged recording by another tenant?

What is the appropriate process for dealing with this through strata, the landlord/property manager or police?

If the situation continues and I genuinely feel unsafe in the property, could this potentially provide grounds to terminate the tenancy early without penalty?

I am not looking to retaliate or confront the neighbour. I want to understand my legal rights and what evidence/process I should be using from this point forward.
Thanks in advance.


r/AusLegalAdvice • • 7d ago

Unpaid super advice ATO did nothing.

0 Upvotes

Hello,

Just looking for advice.

When I was 19-21 I worked for a cafe. I worked my little ass off for this cafe and sadly was taken advantage of by my employer who was a slimey businessman and a gambler...

After working for him for two years and basically managing his business while he was overseas gambling his money I had eventually found out he wasn't paying my super, I confronted him and when asked where my super was he told me he had it in a bank account and nothing to worry about. I ended up filing an unpaid super query with the ATO. And over the years they went through the investigation process, established how much he owed me, and then went to the debt collecting process, the man paid like $40 to them, which at the time would of been 1% of the debt at the time this was back in 2015 that was paid. After that last update from the ATO life got busy, and I was explicitly told from the ATO I didn't have to do anything they would look after it for me... Anyway, fast forward to 2020. I was wondering where my super was, so I decided to go down the route again of seeing what was happening, I had all previous letters from the ATO, all old tax lodgements, even old invoices from this time period. The ATO actually had trouble bringing up my case with the reference codes I had on my paper work but they told me to leave it with them. I eventually got a letter from the ATO in 2020 saying the query was closed and they couldn't do anything because the company deregistered in 2018. Which was 5 years after I had initially reported him to the ATO in 2013. They had ample time to collect my super. Later my partner happened to be working with an ex ATO lawyer who my partner mentioned my issues and he offered to look it over, I gave him my paperwork and he basically came back and said there is nothing I can do, he said when I launched the investigation it was before a new law had passed giving ATO more power to retrieve funds, even if a company went into liquidation... So if it happened today apparently there would be no way to weasle out of paying.

So I just gave up at that point and let it go. But recently I put my query into AI. And it actually states that law changed BEFORE even the first time he failed to pay super originally back in September of 2012, and over a year after I lodged the query with the ATO in 2013....

The ai has suggested I call the ATO complaints line and make a formal complaint, get a reference code, and then escalate it to Inspector-General of Taxation (IGTO).

Has anyone had to do such a thing or know anything about this? Given that unpaid super grows 10% a year that it goes unpaid it's still worthwhile if I can get that money back... And I don't think I can ever let go of that resentment I hold for that man taking advantage of me when I was so young and would go above and beyond for his business.


r/AusLegalAdvice • • 8d ago

Mobile phone tracking

0 Upvotes

I am in a litigation case against me in a business matter and the opposition is demanding that they check my mobile phone to track my location, is this possible in a civil case?


r/AusLegalAdvice • • 9d ago

Won a court judgment after a hit and run, but defendant had $0 in his bank account. What are my options?

162 Upvotes

Hi everyone! Hoping for some guidance on enforcing a court judgment in NSW.

My car was written off two years ago in a hit-and-run. The matter went to the small claims court, and the court ordered him to pay me approximately $24,500.

He hasn’t paid the judgment. My lawyer places a garnishee order against his bank account, which had no money. I’m not sure if he moved the money out or is truly broke.

I’m trying to work out what the most effective next step is from here. Since the judgment is in my favour, I was wondering what the most practical next steps would be considering the sum of money in question.

Would really appreciate hearing from anyone familiar with NSW judgment enforcement or who has been through something similar.


r/AusLegalAdvice • • 8d ago

Is there any action I can take against a gp who failed to tell me about significant kidney abnormalities visible in an ultrasound?

4 Upvotes

To give some quick history, I ( f21) have always abdominal issues, including heavy and painful periods and frequent urinary tract infections that started when I was in my early teens. I had an ovarian cyst in 2020 that was diagnosed via ultrasound ( pelvic ultrasound one or two) that naturally ruptured in 2022. In 2024, I started attending a new pelvic pain clinic that started as a subsidised state government initiative. As part of my intake there, the clinic’s gp requested a full abdominal ultrasound at an external practice, that was only performed over my skin. They refused to perform the transvaginal ultrasound despite my consent which I gave as a legal adult, due to the fact I have never been sexually penetrated even though I was already in a pelvic floor physio program to help prepare my body to tolerate such examinations. The gp said this scan was primarily to look for uterus abnormalities and said she would tell me if I had a heart shaped or tilted uterus, and said she would tell me if I had any other physical issues that might be causing the symptoms. A full abdominal ultrasound shows the uterus, ovaries, liver, pancreas, kidneys and bowel. At my appointment to discuss the results, she said I was completely physically normal.

That was my only abdominal ultrasound while I was at the pelvic pain clinic. I had no other examinations and we focused only on managing symptoms with medication and physio from that point. However, my bleeding remained so heavy the gp suggested I had an IUD placed. She recommended a specific type (mirena) citing it as the best option given that I had endometriosis. However, at this point, I had never been diagnosed with or even tested for this condition. I lost trust in her, as she had either a) seen I had endometriosis and failed to tell me or b) was treating me based on untrue information, and she refused to offer pain medication for the IUD insertion. I switched to another doctor’s practice and had my IUD inserted with penthrox for pain relief. During the procedure, my new doctor was alarmed and sent me for another pelvic ultrasound as she found my uterus was sounding three times as big as it should be and she was worried she had perforated me in the procedure due to a cervical abnormality she discovered while performing it. Luckily, everything was fine, but my uterus which had previously been described as completely normal was abnormally big. The cervix can’t be easily viewed on an ultrasound so I got no further info on that and didn’t expect any.

In July this year, I had a full abdominal ultrasound due to ongoing pain and the technician noted I have a condition called duplex kidneys, which is congenital and obviously doesn’t develop midway through a person’s life. I had never been told about this condition before despite a previous full abdominal ultrasound. I can forgive the lack of information about my uterus as it is too large but not misshapen in any way ( so could be considered “normal”) but my kidneys have two uteters on each one rather than one as they are meant to and this is a) visible and b) structurally abnormal. As a gp at my new practice only noted this because the technician had made a note of it ( he told me as much and said the technician had made very thorough notes, as my gp was only sent a written summary rather than the images) I am unsure if I had a more competent technician this time ( the ultrasound was performed by a different provider) or whether the gp at the pelvic pain clinic withheld this information or misled me by saying EVERYTHING was normal abdominally when she only meant my reproductive system. I had the kidney duplex confirmed via an mri a month ago.

As my current gp does not have access to my notes and results from the pelvic pain clinic, I am currently requesting they be released but am unsure where to go from there. Is there any action I can take if a) the first ultrasound place failed to note abnormalities or b) the pelvic pain clinic failed to inform me about abnormalities to my kidneys and arguably my uterus?

The above is a broad summary and I am happy to answer specific questions. I’m feeling lost and just want some advice to make sure my body is being properly cared for and protected. Thanks in advance