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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2
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1answer
63 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
138 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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2answers
76 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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0answers
25 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
60 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
59 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 ...
-1
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1answer
57 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
114 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 ...
1
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1answer
57 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 ...
4
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1answer
232 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
116 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
157 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
46 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 ...
2
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1answer
88 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....
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
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 ...
2
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2answers
89 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
42 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 ...
3
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1answer
132 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 ...
5
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1answer
137 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
89 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
97 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
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
43 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
200 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
170 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 ...
0
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1answer
70 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
56 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
33 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
92 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
35 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
271 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
49 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
94 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 ...
3
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1answer
187 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
153 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
95 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
102 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
48 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
44 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
101 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
384 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
33 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
45 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
71 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 ...
1
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1answer
108 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 ...

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