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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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-4 votes
1 answer
158 views

Is this allowed within the workplace

Is a manager allowed to move an employees desk from the shared open plan office space with all the other employees to be in a 3x3m office with them? Not a single other person shares an office with ...
User123abc's user avatar
0 votes
2 answers
113 views

(Australia) Can an organisation's duty of care for a minor be waived by a guardian?

Can a guardian in Australia legally waive an organisation's duty of care to a minor by signing a waiver? Are such waivers enforceable, and do they remove or reduce the organisation's duty of care? Any ...
EnderShadow8's user avatar
0 votes
1 answer
54 views

Disclosure of delivery fees in advertisement

If a product is only available for purchase online, and an ad for the product (e.g. on YouTube) displays its price, it is my understanding that under the Australian Consumer Law, the total price must ...
pigeonburger's user avatar
1 vote
2 answers
71 views

Criminal proceedings for a criminal who committed crimes in multiple countries

If a criminal from another country (say Australia) were to commit crimes there and flee to the United States, what government would track him? After capture, would he be returned to the Australian ...
bookloverKM's user avatar
2 votes
0 answers
63 views

Is it legal to assign beneficial ownership of a property without transferring the title?

Suppose an individual owns a house for investment purposes, and wants to assign the ownership of the house to a trust. To avoid the need for stamp duty and other complexities, could the owner just ...
quant's user avatar
  • 232
3 votes
1 answer
139 views

Must car rentals accept at least one payment method without a surcharge?

This question is about paying the car hire fee only, not about making the security deposit (for which a credit card is understandably required). Context: at least one Australian car rental company is ...
Greendrake's user avatar
  • 27.8k
-1 votes
2 answers
196 views

Is it illegal to move perishable items around in a supermarket?

While shopping, I often notice items that have been placed in the wrong locations, likely due to a shopper realising they didn't want something they had picked up earlier and being too lazy to put it ...
Michael Finn's user avatar
0 votes
1 answer
103 views

The law around signing someone else’s package and withholding it without consent

What does someone do if someone has signed and withheld a package without the consent of the owner who owns the package?
Khloe 's user avatar
  • 11
2 votes
1 answer
129 views

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 “...
sjy's user avatar
  • 9,306
3 votes
1 answer
403 views

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 ...
quant's user avatar
  • 232
3 votes
1 answer
1k views

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 ...
TylerDurden's user avatar
20 votes
1 answer
9k views

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?
R-Obsessive's user avatar
  • 1,195
2 votes
1 answer
126 views

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 ...
Arj's user avatar
  • 159
3 votes
1 answer
528 views

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 ...
quant's user avatar
  • 232
2 votes
1 answer
135 views

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 ...
ripandtear's user avatar
0 votes
2 answers
87 views

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 ...
quant's user avatar
  • 232
1 vote
1 answer
55 views

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 ...
Monty Wild's user avatar
4 votes
1 answer
923 views

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 ...
Pere's user avatar
  • 1,034
10 votes
3 answers
3k views

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 ...
stickynotememo's user avatar
2 votes
4 answers
1k views

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 ...
Niti_s 1931's user avatar
2 votes
1 answer
92 views

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 ...
sjy's user avatar
  • 9,306
1 vote
2 answers
381 views

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 ...
nick012000's user avatar
  • 1,778
2 votes
1 answer
131 views

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?
TheIronKnuckle's user avatar
2 votes
1 answer
96 views

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?
Garry Weatherill's user avatar
0 votes
1 answer
191 views

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 ...
John Hon's user avatar
  • 101
2 votes
2 answers
67 views

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 ...
Catch 22's user avatar
1 vote
2 answers
116 views

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 ...
CrimsonDark's user avatar
2 votes
1 answer
85 views

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 ...
Roger Smith's user avatar
-2 votes
1 answer
132 views

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 ...
oiuio's user avatar
  • 9
-3 votes
1 answer
116 views

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?
mweohi's user avatar
  • 7
4 votes
1 answer
262 views

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) ...
anon's user avatar
  • 43
1 vote
1 answer
42 views

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,...
benjimin's user avatar
  • 153
4 votes
1 answer
75 views

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 ...
sjy's user avatar
  • 9,306
1 vote
1 answer
123 views

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 ...
DropTheLattitude's user avatar
2 votes
1 answer
116 views

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 ...
user47071's user avatar
1 vote
1 answer
58 views

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 ...
Alvina Singh's user avatar
5 votes
1 answer
149 views

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 ...
sjy's user avatar
  • 9,306
1 vote
1 answer
1k views

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 ...
user46956's user avatar
0 votes
1 answer
382 views

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, ...
user avatar
3 votes
0 answers
360 views

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 ...
Hotblack Desiato's user avatar
1 vote
2 answers
136 views

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 ...
user avatar
0 votes
1 answer
247 views

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 ...
user280778's user avatar
1 vote
0 answers
44 views

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 ...
John Doe's user avatar
1 vote
0 answers
81 views

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 ...
dirigble22002's user avatar
4 votes
1 answer
143 views

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 "...
benjimin's user avatar
  • 153
0 votes
1 answer
139 views

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 ...
Bambi's user avatar
  • 27
0 votes
1 answer
177 views

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?
Bambi's user avatar
  • 27
2 votes
1 answer
1k views

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 ...
CJ Dennis's user avatar
  • 363
0 votes
0 answers
72 views

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 ...
M Ghorbani's user avatar
0 votes
1 answer
151 views

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 ...
Jameso's user avatar
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