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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1answer
66 views

What did former Justice Dyson Heydon mean by "put that respectfully"?

I'm having difficulty understanding this tiff between Robert Newlinds SC and Commissioner Dyson Heydon AC QC, former High Court of Australia Justice. At 0:17, Heydon asks Newlinds if Newlinds "...
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27 views

Can a 17 year-old legally sign an International Employment Contract?

I would like to know if a 17 year old is allowed to sign an International Employment Contract. Details: Employee is in the Philippines where it is legal for a 17 year old to work a full time job. ...
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597 views

Please explain former High Court of Australia Justice Kenneth Hayne's jape?

The questioner is Oxford Law Prof. Joshua Getzler. Former High Court of Australia Justice Kenneth Hayne answers at 1:08:28. They're both Australian. Joshua my answer is very simple. If you could let ...
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Can website terms of service require payment for service with a "penalty rate"? [closed]

Summary of the problem I want to make proprietary data publicly available on a website, free for non-commercial use but requires a licence for commercial use. Can the website terms-of-service specify ...
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What is the legality of creating a messenger application with end-to-end encryption in Autralia?

The encrypted messages will be stored in the server, but no one will be able to decode them except the users. What is the legality of creating a messenger application with end-to-end encryption for ...
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1answer
64 views

Is a YouTube channel legally a business, and do I need a DBA/corporation if I wanted to monetize one? [closed]

(For context: I live in Oregon. Other people in my team live: Somewhere in the US, somewhere in Australia in AEST time zone, and California, United States) YouTube enables creators to join the YouTube ...
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1answer
63 views

Is it legal in New South Wales to pay someone who isn't a driving instructor for supervision?

In Australia, to progress from a Learner's license to a provisional driving license, you need to drive for 120 hours supervised by a person who has a full license. However, I know that it is illegal ...
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5answers
89 views

Is citizenship a requirement to become a prosecutor/ judge in the US, the UK, Canada, Australia and New Zealand?

As I am currently pursuing a law degree in International and European law, I was looking at job opportunities in English-speaking countries. I know the basic (technical/ academic) requirements to ...
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1answer
53 views

Can I display university logos on my website under "Used by students and faculty from" [duplicate]

I have a website mostly used by students and university faculty, and I'd like to display those universities' logos on my website. Examples are: Yale, NYU, UCONN, University of Dallas, University of ...
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38 views

Who has to pay for vet bills? [duplicate]

I was pet sitting two dogs and the owner told me to only play with a chewable toy if I was holding onto the end. One of the dogs snatched it out my hand so I let him play thinking it would do no harm!...
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1answer
41 views

Does rewording questions make them not copyrighted?

I currently work as a tutor for high school kids - so you can assume that this is commerical. To give them homework, I take questions from textbooks, past exams, and from online. I reword the ...
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2answers
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Under what law an employer in Australia NSW can mandate covid vaccination for their employees?

Can an employer in NSW: Legally obtain employee’s covid vaccination status without employee’s consent? Request employee to provide one. On grounds of what law? Terminate employment should employee ...
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114 views

How do people with a flip phone comply with Australia's new law? [closed]

Recently Australia passed regulations requiring some citizens to download an app to their phones and occasionally send geotracked selfies to the government to confirm their location. How would someone ...
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1answer
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Lifetime of gaslighting, abuse, and being forced to take Ritalin. Permanent brain damage. Unable to quit. Can I sue my parents and/or psychiatrists? [closed]

Sydney, Australia. I was coerced into taking Ritalin at age 4. Now I'm 28 and the long term effects have ruined my life, plus being "medicated" with this stuff went hand in hand with ...
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1answer
116 views

Can I add a deadlock to the front door of my unit?

I have recently bought a unit in a rough area. The front door to the apartment complex does not click shut properly so anyone from the general public can walk in. The door to my unit has one of those ...
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2answers
144 views

Since cold emailing/SMS/phone is illegal, how am I still receiving a lot of marketing calls/emails/SMS

I live in Australia where privacy laws are considered quite stringent. Yet I keep receiving marketers calling me, emails (which somehow escape my SPAM) and sometimes SMS as well. Which begs a question,...
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81 views

What can the Chairman of the board do if he is on bad terms with the majority shareholders / directors

Our (Australian Incorporated) company is growing and we have been suggested to hire an influential individual to be the Chairman of our board. He has a lot of connections, experience, old , mature ...
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38 views

In Victoria Australia does a remote inspection count as an inspection for the purpose of property inspection frequency?

The residential tenancy act only allows one inspection per year for a property that is being rented out. With covid remote inspections where the tenant shares photos of the property with the real-...
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4answers
8k views

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

There is an alleged scammer in my community. An article about him was published by our local news site. As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is ...
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0answers
63 views

Trust Law - do trustees have to confirm that you are a beneficiary of the trust if you ask them directly?

I've asked the trustees of a trust to confirm that I am a beneficiary, which is what I believe to be the case. Do they have to give an honest answer?
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1answer
62 views

What is the liability for a contractor / employee asked to create tax submission

This is for Australia, NSW. Can a contractor be held liable (in any way) if they prepare documentation that is used to make an excessive/misleading tax claim? The contractor has been directed to ...
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1answer
60 views

What type of protests are currently allowed in NSW, Australia?

Australia was recently in the news for restricting the right to protest during a surge in COVID cases: Hundreds of fines have been issued and dozens charged in Sydney after anti-lockdown protesters ...
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1answer
138 views

Is it a breach of privacy law in Australia if schools track student device usage at home?

Since I usually only use programming Stack Exchange sites, sorry if I do anything wrong in this post. My school recently installed software on all student devices (owned by the school) which can track ...
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1answer
70 views

Statute of limitations for F on M rape across jurisdictions?

I am an Aussie dude (ie, a person with a penis, pronouns "him, he, his"). Back in 2015/16 I was living in Hong Kong, engaged to a local girl (ie someone with a vagina, tits and womb) 2 years ...
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1answer
240 views

In what cases has the High Court of Australia held a federal law unconstitional and invalid?

The High Court of Australia has the power of judicial review of legislation, including federal legislation made by the Parliament of Australia, for conformity with the Constitution of Australia, and ...
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1answer
127 views

How is it Legal for sites like Udemy to charge more than 517% (Literally) to it's existing users?

If you search for any courses in Udemy, when you are not logged in and Incognito (important, as they do cookie tracking and mix ups with pixel track as well). You will see a significantly low price. ...
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2answers
183 views

Can/shall I sue Domino's if I felt the manager was being racist?

Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist? When I called Domino's for an order that was delayed by 20 minutes, instead of apologizing he ...
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1answer
50 views

Australian laws to protect employees general skills against IP claims

I live in Victoria, Australia. When signing a contract for software development industries, the employers tend to write the contract agreement conditions too broad to protect their IPs. When searching ...
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1answer
91 views

Which law determines paternity (who is the father) in Australia?

I would like to know which Act defines the rules about the determination of a father in Australia. I can find the rules on different websites, but not the source for which law it is. https://www....
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1answer
117 views

Is it illegal to record an intimate image in Western Australia without consent?

The Western Australian Criminal Code section 221BA defines an “intimate image, of a person” as: a still or moving image, in any form, that shows, in circumstances in which the person would reasonably ...
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1answer
1k views

What does "reasonable grounds" mean in this Victorian Law?

In Victoria Australia, this piece of legislation exists: PARLIAMENTARY PRECINCTS ACT 2001 - SECT 16 An authorised officer may direct a person to leave or not to enter the Parliamentary precincts if ...
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1answer
115 views

Does Australia's News Media Bargaining Code prevent Australian news being displayed outside of Australia?

The Australian News Bargaining Code, if passed, will prevent companies like Google and Facebook from displaying images and snippets (and possibly even headlines) on their platforms unless they pay ...
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2answers
91 views

Why is it said that pre-trial procedures are "heavily skewed in favour of a plaintiff" in cases of defamation in Australia?

After losing a defamation lawsuit, ABC (Australia) said in a statement that This case has again starkly demonstrated fundamental problems with Australian defamation law and pre-trial procedures being ...
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43 views

Is a Unit with broken locks considered Unfit or in disrepair

I moved into a new unit, however, on arrival the front door lock was broken and can't be locked from the outside. There is a screen-door however, the wiring near the lock has been cut and it is easy ...
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1answer
136 views

Speeding unawares after turning from the terminating road of a T-junction

This is a follow-up question for "Ambiguous speed limit after passing a T-junction" (59728). The original question asks what the speed limit is, in the 20 metres after the intersection and ...
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1answer
142 views

Ambiguous speed limit after passing a T-junction

Consider the intersection between Fitzgerald St and Angove St in North Perth, Western Australia (left-hand traffic). This is a T-junction, with Fitzgerald St being the continuing road and Angove St ...
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1answer
90 views

Too old to be a lawyer? [closed]

I’m nearing 40 years old, based in Australia and I would like to steer my career towards cyber crime and litigation involving technology. To practice law, obviously I need to do an LLB/Juris Doctor ...
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1answer
102 views

To what extent can the Australian government deport people on temporary visas for breaking lockdown restrictions?

From Immigration Minister Alex Hawke vows to deport temporary visa holders who breach COVID rules The Minister said he had “asked the Department of Home Affairs to work closely with NSW agencies and ...
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1answer
37 views

Who signs partnership agreements?

Consider a hypothetical partnership agreement between 2 companies in 2 different countries (Australia & Saudi Arabia). On the last page of the agreement it requires signatures from Company 1 and ...
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44 views

Prevailing law when land is impermanent?

I live in an area where new land is developing from the slow deposition of soil at a river mouth. As the land grows out of the water, it is covered for less and less time each day by the high-tide or ...
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2answers
225 views

In Australia, is it a general rule that the losing side of a legal challenge pays the winners legal costs?

Watching a recent news broadcast a guest referred to a constitutional law expert said; "if you lose a court case, even on a technicality, the usual practice, the usual rule is that you have to ...
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1answer
183 views

Is it an offence if the target of racism only appears to be of/from a different race, colour or national or ethnic origin?

Background This question was inspired by I was racially abused at a public park. What legal actions can I take?, although I am not asking specifically about that case. In that question someone, in ...
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3answers
3k views

I was racially abused at a public park. What legal actions can I take?

I was racially abused at a public park. Basically out of no where he called me a terrorist. I ignored him. After a while he came directly to me and ask me to go away and said this is Australia. The ...
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1answer
71 views

In Victoria Australia can you travel more than 5km to inspect a property under stage 4 restrictions?

Under the stage 4 restrictions as of 01 - October - 2020 can you travel more than the 5km boundary to inspect a property either to potentially buy or rent? This question applies to Victoria Australia ...
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2answers
59 views

Can a brick fence be built outside the title boundary in Victoria Australia?

Does a brick fence have to be built wholly within the title boundary of the owner or can this tresspass onto an adjoining owners title, which while within the owner of the brick fence's common ...
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1answer
35 views

Are you allowed to put up flyers for non-comercial purposes in Brsibane Queensland?

I'm planning on putting up A4 posters about community activism. I'm wondering if/where it is legal in Brisbane Australia?
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1answer
94 views

I noticed I'm overcharged for my internet in Australia. Where to complain?

I have subscribed to an internet service in Australia and they overcharged me. They are not following laws. I have found a few resources to prove they are in wrong. https://www.business.gov.au/...
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1answer
37 views

Does anyone know if there's an equivalent to the New South Wales Property and Contract act in Massachusetts?

I'm looking to see if there's an equivalent to the (Property and Contracts) Act 1970 of New South Wales in the US, specifically the part pertaining to minors.
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1answer
105 views

Am I screwed if I sell CCTV sotware "EagleEye" and another US company has registered trademark "EagleEye" for its CCTV lens? [closed]

My Australian CCTV Software "EagleEye" I am an Australian Company. I develop and sell software for CCTV Systems. For confidentiality purpose, let's call it 'Eagle-Eye' Company in US has CCTV ...
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1answer
305 views

Why is it difficult to import 5-HTP (a form of Tryptophan) into some countries? [closed]

5-Hydroxytryptophan(WP) is sold in various places around the world as a dietary supplement that may boost serotonin levels, with possible benefits as a sleep aid, antidepressant, appetite suppressant, ...

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