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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6
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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 ...
2
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1answer
106 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
78 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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0answers
38 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 ...
33
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6answers
6k views

“attempted murder” of a dead man?

This question inspired by an episode of a certain popular TV detective show. Mr Smith hates Mr Jones, and plots to kill him. Smith enters Jones' house, and shoots him in bed, while also setting up an ...
3
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1answer
115 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 ...
4
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1answer
115 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 ...
-3
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1answer
86 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 ...
2
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1answer
90 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 ...
0
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1answer
36 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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0answers
42 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 ...
2
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2answers
129 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 ...
2
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1answer
127 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 ...
11
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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 ...
0
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1answer
61 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
41 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 ...
-1
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1answer
31 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?
-1
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1answer
68 views

I notices I'm overcharged in 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/...
0
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1answer
34 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
103 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 ...
-1
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1answer
172 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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1answer
48 views

If a policy has not been updated by the time that was specified in a policy, does it still apply?

Ok so I have a policy that states that it should have been updated in December 2019, but hasn't. Does it still apply? The exact wording of the relevant section is: REVIEW PERIOD: This policy was last ...
2
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1answer
86 views

Are terms and conditions preventing already illegal things meaningful?

I'm looking at writing T&Cs for my service and found that many examples repeat that they prevent things which are already illegal. An example fragment: You may not use the Services and may not ...
2
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1answer
173 views

If my neighbour puts up a boundary fence wholly in my property can I remove it?

Under the Fencing Act in Victoria, if I am not given a fencing notice, and don't give my consent to a shared boundary fence being built (unless I get a fencing notice) and my neighbour invades my ...
2
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1answer
141 views

Stateless in Australia — how to obtain legal residency, education and citizenship without being detained?

Let us say that we have a person who is undocumented, born to parents who were also undocumented, and whose ancestors were all also undocumented. For all intents and purposes they were all born in ...
3
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1answer
84 views

Is ignorance of the law a valid excuse for not following emergency laws with no warning period?

Yesterday in Melbourne, Australia a State of Disaster was declared due to the COVID-19 pandemic. A new set of emergency laws came into effect, including an 8pm curfew, no travelling beyond a 5km ...
0
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1answer
85 views

Can employer collect and share employee data such as skin colour?

In an attempt to make the workforce more "diverse", our employer has announced that they will start "collecting and sharing" [sic!] employee data such as ethnicity and gender. This,...
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1answer
44 views

How Justice of the High Court of Australia officially abbreviated?

JSC singular, JSCC plural can officially abbreviate Justice of UK Supreme Court But what for Australia High Court? JHC? HCJ?
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0answers
27 views

Alternative to supplying extensive personal ID to have a fraudulently opened account closed

I recently received an email outlining an order for an Internet service to a US mainland address from a US-based service provider. The order included an account number, order number and a street ...
2
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0answers
42 views

Misleading use of the word “free” in the name of a product

Recently I received an email from crazydomains.com.au saying "Free Website Builder will Auto Renew in 1 day". Free website builder is indeed the name of this product. I have never used or ...
1
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1answer
68 views

Retroactive Child support across country lines

Let's say the Family initially lived in Australia (NSW) in the mid-90s. After the divorce, the rate of child support was calculated and fixed. Sometime later the father (paying the child support) ...
2
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1answer
111 views

In Australia if you are working from home and your employer is based in another state which public holiday do you get?

In Australia the states have their public holidays on different days. If an organisation has offices in many states the staff get the day off for the state they are based in. However if the ...
0
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1answer
30 views

Is there legislation in Australia (or individual states) that outline the penalties for juror misconduct?

While there have been penalties in the past for jurors posting case info to Facebook, researching case, etc, is there a specific Act/piece of legislation that outlines the consequences for doing so? ...
0
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1answer
44 views

Is it illegal for a leasing agent to share previous tenants direct debit form?

I am a tenant of a residential property in Victoria Australia. I requested my rental ledger and direct debit form to apply for a new property. My rental agent has (accidentally???) sent me the direct ...
0
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0answers
67 views

Is it “reasonable” to discriminate on the basis of “experience” in employment (anti-discrimination law)

Anti-discrimination statutes in most Western jurisdictions prohibit a broad range of age discrimination in employment. So far as I can see, most statutes of this kind draw a distinction between ...
0
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1answer
95 views

Can stalking be charged for a one time threat in Victoria (Australia)

My friend has been charged with Stalking under section 21A of the Crimes Act 1958. The charge is The accused engaged in a course of conduct, giving offensive material to the victim or any other ...
0
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1answer
95 views

Which law in Australia prevent sunscreen manufacturers from displaying the PPD ratings on their sunscreens?

I read on https://labmuffin.com/sunscreen-review-2-bioderma-la-roche-posay/: The Canadian version has a PPD (UVA protection factor) of 42. Interestingly, even though there’s a known PPD value for ...
0
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2answers
97 views

What is the status of 'Good Faith' in Australian contract law?

Answers from other jurisdictions (particularly united-states and europe) state that there is an implied duty of good faith in contracts. Is this the case in Australia?
3
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2answers
337 views

Is it legal to preferentially hire female nurses & doctors because female patients are less comfortable with men seeing them naked?

Sort of a follow-up to Is it legal to preferentially hire men instead of women because women can get pregnant? The idea is, women tend to be less comfortable with men seeing them naked than men are ...
1
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1answer
131 views

In Australia is it illegal for a company to sell substandard security?

In Victoria (Australia), is it illegal for a company to sell substandard security? Physical security (locks, access devices, keypasses, etc.) Digital security (data encryption, login credentials, etc....
4
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1answer
186 views

Can Australian citizenship be revoked for a long period of absence from Australia?

I moved to work in Australia about 10 years ago, got there a permanent Australian visa as an employer-nominated skilled migrant, and became an Australian citizen by conferral about four years ago from ...
1
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1answer
28 views

Changing mind about agreement before taking effect

If two parties A & B both agreed to sign off on a development program document on x date, where the development program document states the agreement will take effect on Y date, however A changes ...
1
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2answers
85 views

Can an Australian freelancing platform refuse to pay money to the freelancer?

I was hired as a freelancer via an Australian freelancing platform, did the job and got money credited into my account. However, they suspected that my client made a fraudulent transaction and does ...
0
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1answer
1k views

Does Halocene have a case against The Masked Singer Australia?

Halocene is an American Indie rock band. In early 2019 they made a cover song of Billie Eilish's song "Bad Guy". Halocene say that they did this legally by contacting Eilish first and paying any ...
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1answer
51 views

Authority to write Letter of Intent

I work as a casual (non permanent) employee of an organisation, and the manager has asked me to write a letter of intent to send to a third party to outline intent to do something that has about a 50% ...
1
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1answer
182 views

Can an interest in real property by adverse possession be inherited?

In Australia can someone has a an interest in property by adverse possession bequeath the property to an heir? If so, will that claim be able to defeat the interst of an heir of the legal owner?
3
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1answer
111 views

Laws surrounding publicly (ish) displaying decoded messages received over radio

POCSAG512, POCSAG1200 and POCSAG2400 is the protocol used by pagers to transmit information to one another. The problem I'm seeing here is that it is not encrypted, only encoded, as any broadcast has ...
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1answer
88 views

How to save marriage when wife's family influence/force for divorce

We both were in relationship from 2010, married in 2017 and were lived together almost 3 years under a roof before our marriage. Her parents were against the marriage because of caste and community ...
3
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2answers
316 views

Can I legally guess my customer's new credit card expiry date?

As a merchant, I offer online subscription services to my customers. Often, my customer's credit card will expire, despite having an active subscription service to my product. Is it legal for me to ...
0
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1answer
62 views

Who approves the creation of new shares in a Proprietary Limited Company?

I'm struggling to find a concrete answer for this. Who approves the creation of new shares in a Proprietary Limited Company? Is it the Board of Directors (through board resolution), or Shareholders (...