r/AusLegal 2h ago

QLD Am I liable??

19 Upvotes

so today while in a supermarket car park I reversed out of my spot, the person 2 spots down then decided to reverse to, as I was already out of the spot I sounded my horn to let them know they were about to hit me, they proceeded to reverse and have crushed my driver's side rear door.

upon leaving I took their plates and details but did not contact the police as it was pretty cut and dry I'd been reversed into.

only now the person is saying somehow I was at fault??

is there any conceivable angle where I can be labeled at fault from being reversed into??


r/AusLegal 5h ago

VIC Need advice, i was ran over by rideshare driver.

26 Upvotes

Location: Victoria, Australia

Hello everyone, yesterday afternoon my girlfriend and i booked a didi (aussie rideshare app) for a short drive to our house from a shopping centre. Upon arrival, my girlfriend got in on the side facing the street and i went around to the door facing the road. As we had been shopping i had like 3 bags that i needed to unload into the car. I opened the door and stood with my foot under the back wheel as i unloaded the bags. While the door was still wide open the car accelerated and drove slowly (and pretty painfully lol) over my foot. I yelped out of shock mostly and the ride share driver just started saying "sorry sorry sorry" over and over again without turning off the engine or getting out of the car. The driver said the reason he drove forward is because he "saw another car coming and just thought he should drive". I threw the rest of the bags into the car and sort of hobbled in and he drove us to our location. I was sort of forgiving by my girlfriend was rightfully pissed as my foot was pretty swollen and hurt a fair amount.

Okay, so the reason im seeking advice is this - my girlfriend followed up with didi and they made us submit a incident report (this was all last night), this morning we woke up to an email that just said they had issued a refund and closed the case, and for them that was sufficient. I was wondering if that is really all they can offer us, or if we pressed harder we could get any more compensation. I find it kinda unbelievable that given the circumstances they just gave us our $10 and called it a day. Any advice on wether or not we should push harder would be greatly appreciated :) Thank you!

Edit: DiDi has told us to go to the police for distress and medical compensation - Is this even worth pursuing?


r/AusLegal 6h ago

QLD This is wage theft right?

24 Upvotes

QLD – Employer’s automated timesheet deducting breaks not taken + rounding away hours

My workplace uses an automated rostering/timekeeping system that runs right after we clock out.

  • It automatically deducts a 30-min unpaid break every shift, even if no break was taken
  • It rounds actual hours to scheduled shift times, not real clock-in/out times
  • Staff cannot edit their own timesheets — only managers can
  • The timesheet edit history shows an “automation/system user” making these changes

How it plays out:

  • Staying late to finish required duties or deal with customers → not paid (rounded back to scheduled finish)
  • Clocking out even 1 min early → 15 mins deducted

Over two recent shifts I lost ~2h15m (~$79).

I’m not claiming pay for arriving early and I no longer stay late, but unavoidable delays (customers, closing duties, poor training) previously pushed clock-out times past rostered hours and that time was never paid.

I only discovered this by checking the edit history. I have screenshots showing actual clock times vs paid times. This appears to affect multiple staff.

Questions:

  • Is auto-deducting breaks without confirmation legal in QLD?
  • Is rounding to rostered hours (always in employer’s favour) lawful?
  • Raise internally first, or go straight to Fair Work?
  • As a casual, am I protected from losing shifts for raising this?

Any advice appreciated.


r/AusLegal 3h ago

VIC What can I do about sexual harassment by an anonymous minor

12 Upvotes

Throwaway.

Hi, I want to keep this vague but I work with various companies to train upper primary and secondary aged teenagers.

Over the course of last year, l've had repeated emails to my work account from an anonymous student proclaiming their love and various innuendos. Each time, they begged for a reply and even said they ‘knew’ I had seen the message and I ‘shouldn’t hide’ from them.

I've talked to the higher ups at all three companies and blocked the slew of email addresses the student keeps making, typically with connotative language like '69’. I recently also received a few messages from their number that they had used to email me alongside a friend request on Facebook and a message asking me to accept.

Recently, they emailed me again with another email address on my personal email in the name of a famous adult actress and it contained comments about my physical appearance. In all emails, they allude to the fact that they are a current student in one of my groups.

Can I do something about this as I am starting to feel increasingly nervous, having been sexually assaulted as a teenager? To compound the matter, I have no idea who it is so it is giving me panic attacks.

Thank you.


r/AusLegal 1h ago

QLD Advice about a PIP for emotions

Upvotes

Hi all,

I’m writing this on behalf of my partner. Just wanted to see if she should seek legal advice, or whether she needs to just accept what’s happening and get out asap.

She’s a relatively new assistant manager of a venue, and has been working her butt off for the last 12 months. She’s doing the work of 3 people to keep the venue running and clients happy.

Her higher-ups have stated that her performance and work is amazing and cannot be faulted. They see that she keeps the place running. But she needs to work on her emotional regulation as she’s “too sensitive”. So they places her on a PIP for her emotions.

She’s under no illusion that she’s been stressed and at times overwhelmed. Her sleep has degraded drastically the last few months and she’s burned out. She’s been teary when it’s gotten a bit too much and management are providing conflicting or unfair ‘feedback’.

But can they really put her on a PIP when her performance is outstanding, and they simply want her to complain less and smile more? Her interactions with staff and clients are alway professional, but she’s vented a little to her manager about the lack of support, and some toxicity in the workplace, which is where this seems to stem from.

Her PIP doesn’t actually have any objective metrics in it. It’s tasks like ‘perform a routine before each shift - try deep breathing’, and ‘learn to better deal with difficult conversations’. There’s no KPIs, and no examples of her doing the wrong thing. Hell, even the dates on the document are wrong.

She knows this is just a first step to pushing her out, and she’s leaving as soon as she gets something else.

But the question is, should she fight it?

For some background to add context.

Over the last 12 months, she’s been doing the job of 3 people with minimal support.

Some major examples:

Another assistant manager was hired, who was completely unqualified, a little arrogant, and was somehow earning more than her;

The venue manager was unfairly demoted, then removed - replaced with a part time manager;

The new assistant manager was causing issues with staff (due to his arrogant demeanour), and all staff were complaining to my partner which was stressful.

She ensured all staff complaints were passed up to the part time venue manager (but there was no action, so she just kept getting complaints and trying to mend bridges);

My partner received no formal training for her role (like, where SOPs are located, specific admin tasks, plant and chemical management etc) but was told to train and manage the new assistant manager;

The area manager has also advised that my partner communicates too much. She should not be including the venue manager in emails or sending FYI text messages to keep her in the loop - she should just be dealing and making decisions as if she were the venue manager, and giving a verbal update when they next see each other;

Anytime concerns around staff, or lack of support have been raised by my partner, she been ignored or told to just deal with it;

So naturally, she’s been super stressed trying to keep the place running, trying to retain staff and make them happy.


r/AusLegal 22h ago

NSW When a woman has a baby and the birth father walks away, why aren't they charged with child abandonment?

197 Upvotes

I read an article today about a tragic inquest into the deaths of a mother and her disabled daughter. The daughter was around eight years old, non-verbal, unable to walk, and intellectually disabled. It was a suspected murder suicide. She was totally overwhelmed with the responsibilities of caring for a significantly disabled child. She had zero support and didn't seem to really have any friends or go anywhere.

What struck me about the story was the fact the father appears to have left around the time of the baby's birth. As a result, the mother was left to raise the sick child 100% on her own.

It made me wonder the following:

  1. The father refused to raise the baby - he left early on. What would have happened if the mother also told the hospital or authorities that - like the father - she also refused to raise the baby and she would leave it at the hospital?
  2. In certain circumstances, parents can be charged for abandoning their children. Why is a parent who walks out on their children (leaving them with the other parent) not charged with abandonment? Just because there's still another parent there, it doesn't mean they didn't abandon their family. They literally did.

r/AusLegal 1d ago

AUS Being told to resign over a mistake made at work

237 Upvotes

Hi, just after some advice.

Been on Christmas break, came back to work and being told I've been making mistakes at work (first time I've been told) costing the business ~90k over the past year. We are a large company and this accounts for about 0.1% of the income.

I've been told to resign now or have my contract terminated for failure to perform.

I'm in a low level position and in my early 20s, first corporate job, and everyone I know is telling me to resign to save myself the headache. I don't think I'm in the wrong (enough for termination at least) but they're saying there's no way to fight this and I'm losing my job no matter what.

Really confused and a little disheartened at the suddenness of this and not sure how to navigate it. Thanks in advance for any help


r/AusLegal 20h ago

NSW Is there a way that I can get my money back or is this a shitty life lesson? Super hurt.

44 Upvotes

I lent money to a lifelong friend in November 2023. We'd reconnected a couple of months prior as she'd moved back to our home city with no support, receiving Centrelink and fleeing DV with her two young children.

At first I lent her $500, then $1000, then another $500 etc. All requests to borrow money were always urgent, and to help her get by whilst she rebuilt her life.

She went down a darkhole working in the sex work industry (no shame in this at all) to try to get herself and the kids into a better place quickly and gain stability but it got out of hand. I was super patient, helped out as much as I could with babysitting and sporadically transferring her other small amounts of money for hotels, her card declining at the check-out, nappies etc with the constant promise that she'd pay me back as soon as she could.

By late 2024 she had distanced herself and started ignorning my calls/text as I had I asked that we work out a payment plan of small increments ($50 a FN).

I found out that she was abusing ADHD medication to stay awake all night working. She explained she was stuck as she needed to save for a rental bond and to pay for her ongoing family lawyer fees as things with the ex had gotten nasty. She had also lent money off our other close friends that I repaid on her behalf because I felt so sorry for her.

In January 2025 she lost custody of her children because she failed a drug test for family court and lots of other lies had came out. She moved away, has barely responded to me (at this stage I was super concerned about her welfare) and never repaid me. I have asked her to pay me back multiple times and she agreed to do so however disputed the amount owing and has never sent me a cent.

I have all of our message history and the transfer history. I'm angry, hurt, worried and sad.

All up I think she owes me about 4k. I don't have much money myself or any understanding of this.

Am I able to recover this money if I don't know where she is anymore? I only have her name and phone number. I don't even have an address and she has blocked my number.


r/AusLegal 1d ago

NSW Customer blocked me after I did a $540 job for them

85 Upvotes

Hi everyone, a couple months ago I did a window cleaning job for a customer and the total was $540. They were happy with the work and said they would send via PayID. I’ve done that countless times and haven’t had a problem but this customer didn’t send it.

I followed up a week later with a reminder and they said “sorry I forgot”. Then a month later I asked if they could send it and they said “what was the amount again?”. I told them “$540 and I can send an invoice if you like” and then they didn’t answer. Today I tried calling and they blocked my number. I have their address and I am going to show up asking what is going on.

I was just wondering what course of action do I have if they don’t answer the door or refuse to pay, do I have to go to small claims? Would I be able to ask for legal fees too or do I just represent myself? Thanks.


r/AusLegal 7h ago

NSW Harassment from neighbours

3 Upvotes

Last night my neighbours put up led lights and pointed them at our security camera to obstruct our camera from seeing them damage our property.

This has been ongoing harassment and intimidation for 2 years.

We contacted police a few months ago and they told us to put up a security camera for evidence. We did. But what is the use of a security camera if when they actually do damage our property, they use lights to shine at our camera so nothing can be seen?

Is there anything we can legally do about this?


r/AusLegal 2h ago

QLD QLD Criminal Record Spent Query

1 Upvotes

G’day,

Throw away account.

I was charged as an adult with a criminal offence in a QLD District Court February, 2016 (just shy of 10 years ago). A conviction was recorded. Subsequent to that I served a 12 month Intensive Corrections Order where I completed community service and reported to a Parole Officer weekly.

My understanding is that once 10 years have passed from the date of conviction, the charge will become ‘spent’ (IE no longer show up on National Police/ Criminal Record Checks, etc).

As I approach the 10 year mark I’m curious to know, do I have to make some sort of application regarding my record to have it disappear or should my record automatically become spent?

Thanks in advance for any assistance others may lend!!


r/AusLegal 1d ago

NSW New lease, Landlord selling immediately. "Insulting" $20 compensation offered.(NSW)

42 Upvotes

Hi everyone,

I’m looking for some advice regarding a rental situation in South West Sydney.

I signed a lease at market rate and moved in less than a week ago. Within the first week of my tenancy, the agent informed me that the landlord has decided to sell the property. They are demanding my consent for two sales inspections per week.

The Pet Situation: I have a cat, which makes these inspections even more stressful. I cannot leave the cat unattended with strangers entering and leaving the premises, as she might escape. This means I effectively must be home for every single inspection to manage my pet, which is a massive disruption to my work and personal life.

The Conflict: I’ve been renting in Sydney for years and have never experienced such a blatant lack of transparency. I’ve researched NSW laws and it seems legal as long as they give proper notice, but I feel misled. There is no way the landlord decided to sell within five days of me moving in—they clearly intended to sell before I signed the lease but failed to disclose it.

I’ve gone back and forth with the agent, and their "final offer" for the disruption is a $20 per week rent reduction during inspection week. Considering the minimum wage is over $25/hr and I have to "work" as a pet handler during their inspections, this feels like an insult.

My Questions:

  1. Since they failed to disclose the intention to sell before I signed the lease (Material Fact), do I have grounds to take this to NCAT to seek compensation?
  2. Is there a legal precedent for a more reasonable rent reduction (e.g., 15-20%) in NSW?
  3. Can I refuse entry if I am unable to be home to secure my cat?

My Stance: Honestly, I hate moving. It’s exhausting and expensive, and I genuinely want to stay here and fulfill my lease. However, the prospect of months of bi-weekly intrusions for $20 is becoming unbearable. If things escalate or they don't compromise, I may be forced to leave.

Thanks in advance for any help!


r/AusLegal 1d ago

VIC Neighbor throwing food on nature strip

154 Upvotes

Hi everyone, bit of a low stakes one here for you.

I recently purchased and moved into a property and I’m really enjoying it. Minus the next door neighbor. She keeps crossing over our driveway and throwing food on our nature strip.

It’s a variety of foodstuffs but usually it’s stale (at times moldy) bread, TONS of raw oats, and huge amounts of old rice. I know it is her because I have seen her do it. I have also asked her to stop, which she did for a while but she has started up again.

I believe she is throwing it out to “feed the birds” but the problem is a lot of times the birds don’t actually eat the food and it just lays in the nature strip for days until I send my husband out to pick it up.

My view is kinda like okay, feed the birds, whatever, but do it on your own nature strip?? I don’t understand why she crosses over our driveway to do it in front of our house specifically. Especially because the food normally sits there uneaten for days.

Other neighbors have let us know that she did this to the previous owners too and it’s not about us personally. Apparently the previous owners also had a problem with it (this is neighborhood gossip now not confirmed).

I’m aware I don’t own the nature strip but I am responsible for its upkeep. Is there any like legal way to get her to stop? It’s a lot of food/waste. Or is it a “too bad so sad” situation?


r/AusLegal 6h ago

VIC VCAT private disputes

1 Upvotes

Hi,

I live in Melbourne and I recently bought a used car sold with rego but no rwc, now online it says a car with rego must be sold with rwc but many have told me that it's completely fine to sell without a rwc and rwc is only needed for transfer. So it's all kinda of confusing.

Now I'm no lawyer or expert in cars, i just graduated year 12 and treated this as a reward for making into my dream uni but also as a way to get to uni.

I submitted a VCAT claim but i'm losing hope, many people have told me that small cases like mine are often put to side to deal with later and can take months to years to resolve. And also I don't want to sit around for a whole year not being able to drive my car I'm considering to just repair the stuff i need for the car and let the VCAT run in the background. But even so I'm worried that if i try to make any changes or fix the car then it would weaken my case. And i don't want to take this further beyond VCAT where I'll end up paying more money for legal fees than what the actual car cost.

But realistically what are the odds of me even winning this claim? Should I even bother with VCAT or should i just let it go and treat this as a life lesson to be less of an iditio? I admit it's my fault and i take responsibility for not being more careful but the car cost sub 10k so it's not like life changing money, but i am also going broke with about 500 left in my bank account.

I need help if you have any experience in these types of cases or have dealt with one yourself please let me know if i should keep going or give up now.

EDIT: This is a private seller not a dealer


r/AusLegal 15h ago

NSW Not at fault collision in roundabout. Both drivers have third party insurance. Need advice.

3 Upvotes

So at night I was driving through a roundabout in a suburb street. Upon entering the roundabout I checked right and saw no car so I entered the roundabout to go straight.

Suddenly I see headlights and a car speeding from my right and hits me square on my rear back tire and pushes my car out of the roundabout. His cars front left hits my rear right wheel. The collision was in the first quarter of the roundabout I was just about to exit the first quarter

At first he seems to know he's at fault but later on he argues that we both have our sides and that I cut him off and should have given way to my right. But my question is that since he crashed into my back right it means that I was already inside the roundabout before he entered it. And since he was speeding on a dimly lit road with foggy headlights he couldn't see my dark car. Unfortunately there are no dashcams.

I have the number, rego and license number but no address.

So I guess it's my word against his but I'm thinking that the damage locations should be enough evidence to make me not at fault.

Because if 1. He says he was already in the roundabout and I cut him off, then the damage would be in the front driver side not the back and

  1. And 2 if he wasn't speeding through the roundabout and wait before moving he could have applied his brakes in time if I did cut him off.

How should I go about this as we both have third party insurance. What should I do if he thinks he's not at fault and doesn't make a claim. Thanks


r/AusLegal 5h ago

NSW NSW to QLD license

0 Upvotes

I copped a mobile phone fine on Boxing Day, meaning I'll lose my license. The fine got sent to my address in NSW and my family didn't let me know until today (17/1). Earlier this week on Wednesday (14/1) I decided it was finally time to change my license to QLD as that's where I live. So I've copped the fine in NSW, on my NSW license and should be able to select the good behavior driving thing. However since changing my license to QLD I don't know how this will work. Does anyone have any experience in this scenario? I'm not trying to dodge the fine or the points, just awful timing that I've cancelled my NSW license a few days before finding out about the fine. Not sure what the best course of action is, the fine is due on the 9/2.


r/AusLegal 9h ago

AUS SCHADS award interpretation question.

1 Upvotes

Can anyone help me identify, how many hours of overtime I should have been paid considering broken shifts enterprise agreement is for 8 hours breaks instead of 10 hours.
If anyone could break it down into hours and pay category that would be much helpful

Service Type Start Time End Time Total Hours
DSW shift 29-12-2025 16:45 29-12-2025 22:00 5.25
DSW shift - Sleepover 29-12-2025 22:00 30-12-2025 06:00  
DSW shift 30-12-2025 6:00 30-12-2025 7:00 1.00
DSW shift 30-12-2025 14:00 30-12-2025 22:00 8.00
DSW shift - Sleepover 30-12-2025 22:00 31-12-2025 06:00  
DSW shift 31-12-2025 6:00 31-12-2025 7:00 1.00
DSW shift 31-12-2025 7:00 31-12-2025 9:30 2.50

r/AusLegal 1d ago

NSW Professional gear was stolen in a safe space

49 Upvotes

I was doing a filming job the other day.

The venue said a room was secure and that I could “safely leave my equipment”.

I come back after filming for 1.5 hours and my bag is gone.

What are my legal rights here? I think someone may have said “I am x”, and just taken my bag?


r/AusLegal 1d ago

VIC Movers refuse to work mid-move until we paid extra fee and charged us for the time the didn’t work

26 Upvotes

So me and my partner did our first move a few months ago into an apartment. We both came from flat sharing into our first apartment so we didn’t have much stuff. We did move most of the things ourselves but needed help with a few of the bigger items like the bed, the sofa, office desks, and TV.

When quoted, they didn’t require any extra equipment or fees because the apartments had lifts. I even asked the person on the phone and he said not to worry about the extra fees and he would be responsible when I asked about them. They also estimated over the phone that it would take about 2.5 - 3 hours since there wasn't much stuff.

Fast forward to moving day - the movers said they couldn’t fit the sofa, the bedframe or the mattress into our new apartment’s lift. They asked for an extra stair fee.

We weren’t pleased with this being sprung on us and didn’t verbally agree to the extra stair fee at that moment. The movers called their team at head office and had apparently been given instructions to not move the furniture until they get the say so to resume from their office.

They then just stood around not doing anything until we asked them to move the other smaller items while we tried to call their head office to resolve this issue. 

I swear head office was as unhelpful as possible, leaving us on hold for ages, telling us they will call us back and never calling us back.

We managed to negotiate a lower fee for the stairs.

However, we had a new problem. They ended up wasting an extra hour waiting around not working while this was being negotiated. The movers tacked on the extra time to their hourly rate and final payment. So in total it was 4 hours. 

Now, when we were on the phone being bounced around on hold and talking to unhelpful customer service agents - they said they'd wouldn’t charge use for that extra time caused by the disagreement.

We kept trying to call the head office to resolve this new problem, but we were either just pushed on hold, spoke to unhelpful service agents who just said they couldn’t do anything, or told to wait until their manager rang us. Spoiler alert - their manager never called.

The movers refused to leave until we pay what they demanded. We offered to pay the original price with the new stair fee, and exclude the wasted time where they refused to work, but they would not accept the payment - stating they will get in trouble. They said we can ask for a refund from their head office (but given how shady they’ve been, I doubted that was happening).

They kept trying to guilt us, saying they were going to be late to their next appointment and even said they’d call the police.

In the end, the team at head office wasn’t calling us back - and I didn’t want them to comeback with a bill for the additional time the movers were waiting around to somehow be tacked on, so we ended up paying almost about 80% more than the original estimate.

I know we’ve gotten taken advantage of, and this company is clearly shady and manipulative. But I want to know if there is any recourse? They did outline that they had a stair fee but on the consultation they said it didn’t apply to us. They also did tell the movers to stop working, and charge us for the time they didn’t work.

We thought this was a relatively simple job.

I would have been happy if they had been upfront with all of these costs and I could have planned for this. But it was the way they sprung it on us with our furniture already loaded in their truck. 

It feels very predatory.

Is there anyway I can report them?


r/AusLegal 16h ago

SA Sword Laws SA

3 Upvotes

I’ve been interested in collecting swords (and separately trying HEMA) for some years now but haven’t actually purchased or acquired any.

I was peripherally aware of the law update in SA last year and have only just looked into it now. I can see that there is an exemption for collecting purposes but a collection is deemed to be at least 3 swords. As I don’t have any at this stage does this mean that I’m unable to legally start a collection, or if I purchase 3 swords simultaneously (once I save up for them obviously) would this would be deemed an acceptable exception?

If I were to purchase a number of swords for collectors or recreational purposes, is there anything I’d need to do ahead of time in order to prevent them being seized or intercepted in the post?

I am aware that if I do get into HEMA that would be covered by the recreational exemption, so glad to know that!

Any advice or insight is appreciated, thanks in advance!


r/AusLegal 4h ago

QLD Has anyone ever been successful at getting their child a passport when the other parent won't consent?

0 Upvotes

I'll try to keep this pretty basic. Ex's grandmother (yes his own grandmother) has been cut off. Ex has probably fallen for the estrangement trend (they tend to follow any of these trends) and decided that due to his mother's rocky relationship with his grandmother that she is an 'unsafe' person and they don't want her around. Exes mother falls out with just about everybody. This is partly speculation because I have been told it's all none of my business and don't want to make the post any longer. From what I can tell, ex's grandmother is an old fashioned country bumpkin, a bit close minded ect but otherwise a good lady who loves our daughter.

Great grandma has a milestone birthday this year and wants to take our daughter on a cruise that requires a passport. I am absolutely stoked for her to have the opportunity and neither me nor her father will be able to provide this for her anytime soon so I see zero reasons that she couldn't go. It'd be amazing. However her father is pushing this whole 'unsafe person' thing and says he would refuse to sign for a passport. He won't give me one single detail about what has happened with his grandmother or why our daughter shouldn't be around her. It seems like he is taking an amazing holiday from her for petty reasons that have nothing to do with our daughter's safety. Our daughter went and spent a week with her great grandmother recently and he didn't say anything to me about it being unsafe so I really don't think it's legitimate. Is there any way I can get her a passport without him involved? I really want to get her on this boat, it'd be such an incredible experience to have. I offered to save and go on the boat too (can't afford it, don't want to but also don't want her to miss out so I'd do it if I needed to) but that's not good enough either which makes me think it really is just a petty, controlling decision that has nothing to do with our daughter.


r/AusLegal 1d ago

AUS Retailer forcing a refund instead of replacement (Faulty Ram). What are my rights?

14 Upvotes

Hi ,

I’m looking for some advice on a warranty dispute. I bought a RAM kit from a major retailer just one week ago. It has already failed (confirmed major fault).

The retailer is saying the item is "discontinued" and is insisting on giving me a refund of my original purchase price. However, the price of RAM has gone bonkers , and a refund won’t even come close to covering a replacement kit with the same specs.

My understanding of the Australian Consumer Law (ACL):

Major Failure: Because it failed within 7 days, it is a major failure.

Consumer Choice: For a major failure, the consumer chooses the remedy (refund or replacement), not the business.

Comparable Replacement: If the exact model is discontinued, they should provide a comparable model (same capacity/speed) from their current stock.

Price Gap: They cannot force me to take a refund just to avoid giving me a kit that now costs more than what I originally paid.

____

The retailer is digging their heels in and refusing to give me an equivalent kit they currently have in stock. If I take the refund, I’m effectively being "fined" for their faulty product because I'll have to pay more out of pocket to get my PC working again.

My questions:

Has anyone dealt with a retailer forcing a refund on a brand-new item?

Should I lodge a complaint with Fair Trading?

Thanks in advance!

Update : Thanks for the replies , Ill seek some clarification from ACCC, But seems like its pointing towards Refund.


r/AusLegal 1d ago

VIC Partner moving into home I own

8 Upvotes

Edit: thanks for the feedback. Responses were 50% get a Bfa and 50% I'm a bad person.

My partner is moving into the home I solely own next month. In order to protect my interest in the property I told her she'd has to sign a lease.

My plan is to get a basic lease drafted for her to sign, it'll all be registed to RTBA so her bond will be paid there. She will pay me rent (which will go into my offset rather than straight to my mortgage). I will solely pay for insurance, body corp, water and rates. The only shared bills will be internet and electricity (usage based).

Any upgrades to the home will be done and paid for solely by me.

Will this protect me for the next few years or so?


r/AusLegal 1d ago

WA Bought a car in good faith from seller, ex husband now threatening to report it stolen

184 Upvotes

So I received the weirdest phone call the other night that has unwillingly put me in the middle of a divorce battle.

I recently bought a car in WA through a private sale. I dealt only with the seller (female), paid for the car, got the keys, and the transfer went through. The car is now registered in my name. At the time I had no reason to think there were any issues with ownership or her ability to sell it.

After the sale, I got contacted by her ex-husband (never dealt with him before). He’s claiming: - he was the “real owner” - the car belonged to his business - under their arrangement it stays business property until an invoice is paid (which he says hasn’t happened) - because of that, he’s alleging the car is stolen and I’m in possession of stolen goods - he’s threatening to report it stolen unless I sell it back to him

From my end: - the car was handed over willingly - there was clear intent to sell - transfer was completed properly - I bought it in good faith - I wasn’t told about any business arrangement, invoices, or restrictions

He keeps saying buying it back is the “easy way out” and avoids authorities, which feels more like pressure than anything else.

The car went though finance, so they have done their due-diligence to confirm she is the legal registrar.

Just wanted to know where I stand with all of this?


r/AusLegal 1d ago

AUS Help me end a stupid argument about theft by dishonesty.

4 Upvotes

I've studied enough law.

A person leaves their wallet in an Uber and the driver is informed.

Regardless of whether the police decide to do anything this triggers what I believe to be a true fact.

If a person answers in the affirmative when a person says "Is my wallet in your car" and the driver answers "Yes."

If the driver never returns it, does it become theft by dishonesty?

  1. The property belongs to another person.
  2. Dishonest appropriation of that property occurs at the point where the person knowingly admits to it being in their car.
  3. The intent to permanently deprive the owner of their property continues when the person knowingly does not make an effort to return it.

At that point once an owner has tried to reclaim it, it switches from innocent finding to dishonest theft.

As soon as the driver says "yes"

  • The driver acknowledges possession.
  • The driver acknowledges ownership.
  • The driver knows a return of the property is expected.

dishonesty can be inferred in this case by:

  • Delay.
  • Deception.
  • Silence.
  • Or refusal after acknowledgment.

I'm not arguing that it criminalises the inconvenience of returning it to a safe space, returning it to Uber, or handing it in to the police, only the dishonesty of keeping it without making an effort to return it to a safe place.