Questions tagged [australia]
Questions specific to Australia. For many questions, specifying the state will be required as legislation can be state-specific (notably criminal law).
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Does Lehrmann need to pay income tax on the rent that Seven paid for him?
It recently emerged from Bruce Lehrmann’s defamation case in the Federal Court of Australia that Lehrmann received 12 months’ accommodation, potentially valued at $130,000, in exchange for his “...
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Is it illegal to pay a friend to help with housework?
Suppose I have some work around the house, e.g. painting, gardening, etc. And I offer to pay a friend some cash and non-cash (e.g. beer) to help out. The house is an investment, and not my primary ...
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Does the English or the American rule prevail in Canada?
In English rule jurisdictions, the general principle is that loser of a case pays the costs on an indemnity basis. In American rule ones, the norm is that each side bears their own costs. Which ...
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Is it illegal for King Charles not to vote in Australia?
Australians are required to vote. King Charles is the head of state of Australia and should be Australian. He does not vote in elections.
Thus, is he violating Australian law?
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Must a solicitor always act in their clients' best interests when drafting a will?
Husband and Wife are drafting their wills and have hired a law firm to do so.
For example, there is a clause that states that the trustees may make loans to the beneficiaries on whatever terms. Why ...
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Can a landlord be denied insurance payment if a breach of the agreement was without their knowledge?
Suppose a landlord has taken out landlord insurance which stipulates/limits the use of the residence, e.g. "The property may not be used for commercial purposes".
The tenant now operates a ...
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Is it legal to circumvent DVD CSS to create a backup for private use in Australia?
There are two issues at play here. The first is that, in 2006, it was deemed legal to make a backup of a "cinematograph film" for private and domestic use in an amendment to the Copyright ...
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In New South Wales, does operating an unlicensed vehicle affect liability?
I'm not sure the title has the correct wording, but I'm imagining a situation where, say, a driver is operating an unregistered vehicle and is involved in an accident. In order to narrow this question ...
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Is a relationship consultant an introduction agent?
With regard to Part 5.1 (starting on page 81) of the Australian Consumer Law and Fair Trading Act 2012 regarding introduction agents, I have the following hypothetical question:
Let us suppose that ...
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Happened in Australia, tried in Spain?
A few days after he allegedly kissed in the mouth a female player without consent, it has been announced that "(Luis) Rubiales (...) faces an investigation that could end in sexual aggression ...
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Who has ultimate responsibility for a child who forged their permission slip and is then injured on a school trip?
A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who ...
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whether entitled to reward or not
Tam lost his wireless airpods in the campus. He advertised online and near the campus, a reward of $50 to who returns the lost earphones.
Sania found them and went to return it. But next day she saw ...
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Is a company bound by a contract signed by a person disqualified from managing companies?
Section 206B of the Australian Corporations Act provides that a person is automatically disqualified from managing corporations if convicted of certain offences or made bankrupt.
Section 206A ...
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Why aren't the laws banning Nazi symbols in Australia unconstitutional?
Recently, in Australia, a number of state governments have passed laws banning the display of Nazi symbols, and in the last few weeks, the federal government has been talking about passing a law about ...
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When flatmates get an AVO against each other, who has to move out?
If one flatmate trespasses in another’s room after an extended period of hostile verbal and nonverbal communication, can the flatmate who was trespassed against get an AVO? If so, who has to move out?
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Australian resident libels UK resident
Can a UK Resident sue an Australian Resident for Libel or Defamation, as in Australia, If the sender of emails had lived in the UK?
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Are old school logos under copyright?
I wanted to use a school logo on my website. This is an example of one (which is a private school) and here is another (a public school).
Wikipedia says that they are both no longer in copyright. But ...
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Musical video production [closed]
I paid a video man to film a lady dancer and myself in a hotel dancing to my new music to be released. I wrote the lyrics, composed, recorded and sang it myself. He signed a contract with the hotel ...
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Can misrepresentation in a contract of professional credentials of an employee invalidate the contract?
My question is somewhat like this one but involves a registered architect and an employee ...
In a particular jurisdiction, a person is not permitted to describe themselves as an architect, unless ...
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Is this fraud in Victoria?
A person knocked my neighbours house, an old lady who has been living there for many years. The person was a draughtsman representing the owner of an adjacent property.
He claimed that he was ...
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What is the dresscode for jurors in Australian courts? [closed]
Are there any rules and regulations jurors in Australian courts have to abide by when it comes to how they are dressed in court? If so, what would be the consequences of violating them? Can jurors be ...
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Jury (mis)conduct [closed]
If I have to attend a jury in Australia, is it illegal for me to dress up in the goofiest manner? Is it possible for me to be accused of misconduct on that ground?
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NSW, AU Living in a Class-1A approved shed, that's not a "dewlling"
We've been living in a shed as a house for the last ~12 years. Now it has come to the attention of the local council, and they're sending out inspectors, etc.
The shed was approved (to 1A standards) ...
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Leave provisions for part-time employees in Australia
What is the basis for the Fair Work Ombudsman's assertions that both:
part-time employees entitlement to leave is pro-rata, according to total hours of service as compared to full-time employees, and,...
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Which courts exercise family law jurisdiction in Australia?
Under s 51(xxi) of the Constitution, the Commonwealth Parliament has the power to legislate with respect to marriage. Thus, most substantive Australian family law is set out in the Family Law Act ...
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Bavaria (Germany) - Double Taxation of Immigrants [closed]
I moved to Bavaria, Germany, in late march 2021 from Australia. I have paid income tax for that year in Australia.
I recieved letters from the Bavarian state government asking for income tax ...
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Is phone number required for providing phone warranties in Australia?
When buying a phone in retail store, they ask for my phone number so that they can "provide phone warranties". Is this an excuse to obtain my phone number for marketing purposes? Is it ...
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Can the fact that debt is being collected be disclosed under Australian Consumer Law and Fair Trading Act 2012 section 45(j)
The Act states:
"disclosing or threatening to disclose debt
information, without the consent of the
debtor, to any other person who does not
have a clear and legitimate interest in the
...
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What happens to offset accounts when the lender becomes insolvent?
In Australia and the United Kingdom, it is common for home loans to come with an offset account. The balance of the account is “offset” against the loan when calculating interest, so the borrower ...
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Does my brother have a legal right to my parents home?
My brother has always lived with my parents in the family home. He is in his 50s and has never moved out on his own.
Does he have a legal right to stay in or keep the house following the deaths of our ...
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What has been the teeniest claim for damages, at the High Court of Australia?
I am enthralled by the smallest claims (quantum of damages requested at the outset) that reach, and gets decided by, Commonwealth apex courts. I am NOT referring to the apex court's award of damages, ...
user49089
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Can an Australian bank legally issue bank accounts and Visa cards without obtaining proof of identity from the person requesting the account?
This is the first time I have posted to StackExchange so please excuse me if my question is out of scope, is in the wrong place or goes into too much back story. Any assistance would be greatly ...
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What did Andrew Bell SC (as he then was) do, that no other barrister had done to Gummow J in 17 years?
Andrew Bell SC got appointed to the Supreme Court of NSW, then NSW Court of Appeal from 28 Feb 2019 -, and now Chief Justice of NSW. He was Vinerian Scholar on the BCL, and got a DPhil.
Scroll down ...
user43343
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Is it possible to rent a place without giving out all my personal information?
I am trying to rent a place in Sydney, Australia. I believe this question remains valid regardless where you live.
When renting a place, a real estate agent is permitted by law to ask for as much ...
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Do I have to ID/KYC artists/suppliers if they've already been ID'd by the payment provider
I'm an Australian e-commerce store with international buyers, selling artworks by international artists.
Question / TL;DR:
If a vendor/supplier of an e-commerce store ID's themself to a payment ...
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What liability do hospitals have for timely care, if they think you're faking it?
A while ago my girlfriend was admitted to hospital. She had intense 10/10 pain from one of her ovaries, and ended up having to have it removed.
Unfortunately, she was made to wait for around 6 hours ...
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Does parliamentary privilege have unintended consequences for journalism?
If statements made under parliamentary privilege seem to constitute evidence of impropriety, can journalists report on this without risking defamation penalties?
Hypothetically, if a politician "...
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Explicit images sent by adults [duplicate]
I know that distribution and possession of any explicit images of children are illegal as it is child pornography. On the other hand, is it illegal for an adult to send explicit images of them to ...
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Explicit images sent to children
I know that explicit images of minors are illegal, as it constitutes child pornography. However, is it illegal for a child to consentingly receive explicit photos from an adult?
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Is it illegal to tell people to photograph their completed ballots in a secret election?
Running with themes of "voter fraud" from the 2020 US Presidential Election, this 2022 Australian Federal election several minor parties and Independents are encouraging voters to photograph ...
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What are my rights with regarding privacy at Maccas drive through?
I have been informed that some of Maccas drive throughs are starting to use cameras with number plate recognition software, provided by https://summitinnovations.com/.
What are my rights to privacy ...
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Jiu-jitsu at the office? Australian OH&S
Was wondering about the legalities about setting up a few mats at the office to train a martial art during lunch breaks in Australia (NSW). Is it even possible? Would we have to get staff to sign ...
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Foul-Mouthed Australian Teen Gets Dose Of His Own Medicine After Threatening An Elderly Man
This is a story of an Australian teen (https://hellocare.com.au/foul-mouthed-australian-teen-gets-dose-medicine-threatening-elderly-man/) who yelled at and threatened an elderly man and was grabbed ...
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Does the Australian Telecommunications and other legislation amendment Act 2018 put resrictions on indaviduals or OSS?
The Telecommunications and other legislation amendment (assistance and access) act 2018 allows the issuing of three types of notice relating to access to encrypted communication, either requesting ...
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Trademarks & International dealings
It is my limited understanding that when a trademark is registered - It is only country specific.
However in this case an Australian cafe was sued by a French culinary school due to a similar name ...
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Does alternate spelling provide sufficient differentiation to avoid trademark infringement?
In Australia, one infringes on another's trademark if:
The sign1 is substantially identical or deceptively similar
or:
The goods or services are closely related or in the same description
or:
The ...
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I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs
I am from Australia. In Australia, any civil claim below $10,000 is considered a small claim and one cannot use a solicitor to represent himself in the small claims court. One may also not claim the ...
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Is it legal for a student to share a PDF version of textbook with other students that don't own the same one?
In Australia, teachers are permitted to photocopy 10% or one chapter of a textbook, whichever is largest, for educational purposes without permission from the publisher.
In the Copyright Act 1986[1], ...
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Did Djokovic receive judgments from Australia's Federal Circuit Court, then Federal Court, more speedily than average?
I quote Paul Daly, University Research Chair in Administrative Law & Governance at the University of Ottawa (Faculty of Law, Common Law Section). Educated at University College Cork (BCL, LLM), ...
user43343
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How does Australia split its legal profession?
I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion).
It proposes that "lawyer" is replaced with &...
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