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 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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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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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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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 ...
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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 ...
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633
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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 ...
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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 ...
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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 ...
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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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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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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 ...
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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 ...
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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) ...
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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 ...
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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? ...
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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 ...
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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 ...
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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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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 ...
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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?
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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 ...
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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....
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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 ...
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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 ...
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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 ...
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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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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% ...
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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?
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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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How to save marriage when wife's family influence/force for divorce [closed]
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 ...
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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 ...
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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 (...
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Can a private company board of directors issue new shares?
If so, wouldn't this be unfair against shareholders as this would devalue their shares and voting rights?
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Can I enter into an IP contract with my own ltd company before having investors in?
I spent 4 years developing an App. Recently I started a Proprietary Limited company (I'm in Australia). Me and my wife are the only directors.
Before getting share holders into the company, is it ...
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Does a GP sending patient info to a hospital without asking for consent violate medical ethics?
So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal.
Then, some time later, they look ...
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Does the ATO recognise a PayPal business account as a valid business account?
The Australian Tax Office requires that all registered companies have a dedicated bank account for their business.
Does the ATO recognise a PayPal business account as a valid business account?
I'...
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Is port-scanning my own WiFi network illegal in Australia?
I've recently been drawn into pen-testing and port-scanning and I wanted to give it a try. I am unsure of the laws around port-scanning in Australia. Could I get in trouble with my WiFi provider if I ...
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Forgery of video [closed]
I am 79 years old and a resident of a four storey building in NSW, comprising of 26 units. The multi-millionaire Chairman of our building's Strata Committee, who lives in the fourth floor’s penthouse ...
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Is it legal to pay a ransom?
While kidnapping and extortion are illegal, is it legal to pay such criminals for the release of the person or thing being held?
Are there particular circumstances of the payer or payee that make it ...
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What recourse do I have against a person falsely claiming to reside at my home?
A relative who has never lived at our house is in the habit of falsely using our home address as their place of residence whenever disclosing their place of residence for legal purposes, rather than ...
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Are there any laws in Australia that would stop someone having a doorbell that captured fingerprints
Technology to capture fingerprints is becoming common. One could imagine a doorbell that logs and stores fingerprints of every person who uses the bell.
Are there any laws in Australia that would ...
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Interpretation of Employment Award
Australia has the General Retail Industry Award:
Specifically regarding overtime:
http://awardviewer.fwo.gov.au/award/show/MA000004#P778_67718
My question is specifically around overtime for casual ...
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156
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Is Uber acting unconscionably in Australia?
Section 6 of Uber's Terms and Conditions for Australian customers requires that all disputes go to arbitration before the International Chamber of Commerce in the Netherlands and that the contract ...
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Company holding own shares in trust
If the assets of a trust includes shares in a company, can that company be appointed as trustee of that trust?
It's not clear to me how section 259A of the Corporations Law works in this situation.
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Can I sue Uber for property damage to my mobility device?
I use a mobility device, an electric mobility scooter, to get around as I am temporarily disabled.
While using Uber to attend a medical appointment in the Australian Capital Territory, my mobility ...
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What can a loss prevention officer legally do in Australia? (NSW)
If someone is apprehended by a loss prevention officer on the way out of say, coles or woolies, what are the legal rights of the LPO and the person being apprehended?
For example, if the LPO starts ...
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195
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Caching third party images on my website?
I've built a website (actually, an API, but that data will be used on a website) that provides people with real time data they can use in their own websites and apps.
One part of that API is a list ...
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Is an employer allowed to inspect office drawers and cabinets in Australia?
My employer (in New South Wales, Australia) conducts frequent office inspections. Although they used to only look at fire and electrical hazards, the health and safety team (made of employees that ...
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751
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Is it legal to publish letters from a lawyer?
Is it legal in Australia to publish letters and emails sent to me by a lawyer on behalf of their Client?
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Intentionally Breaching a Contract
Hypothetical Scenario:
Suppose I'm a landlord in a contract with a tenant, and I may only inspect the premises if it has been three months since the last inspection.
Let's also suppose however that ...