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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15
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3answers
1k views

How can a court avoid creating precedent?

There are a number of ways in which a judge may avoid following precedent – overturning or distinguishing a previous ruling, for instance. However, is there any way for a court (particularly a ...
13
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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 ...
10
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1answer
4k views

What laws give a bouncer the right to evict somebody from a night club in Australia?

What set of laws give a bouncer / security guard / crowd controller the right to evict a person from a night club in Australia? if not all Australia then Victoria.
10
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3answers
313 views

Could a foreign power remove an Australian member of federal parliament by declaring them a citizen?

Recently a number of Australian members of the federal parliament have been referred to the high court because they might have a foreign citizenship. The first was a simple oversight by the politician ...
10
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3answers
1k views

Is it legal to record conversations with police?

If I am stopped by the police for questioning on the street, would I be within my rights to record the conversation on my phone to avoid any looseness with accounts of what was said on either side? ...
10
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2answers
313 views

Transferring public domain material into a country where it is still in copyright

I've noticed that, in Australia, books created by authors who've died before 1955 are in the public domain. For example, all of George Orwell's works are available from the University of Adelaide: ...
9
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3answers
1k views

Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as ...
9
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1answer
532 views

How do laws affect photography of non-humans in public when people may be in the frame?

Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are not the subject of the ...
9
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1answer
739 views

Do people generally have the right not to be photographed on private property?

Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities. If I wish to take photographs of something on the ...
6
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2answers
506 views

Why don't alcohol laws contradict the constitution?

Why don't alcohol laws contradict the constitution (or other laws in some cases, like in the example below, because The Age Discrimination Act is not part of the constitution)? I think it is age ...
6
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2answers
532 views

Can you patent a card game?

I have created a card game, the idea is somewhere between poker and slots. I hope to create a website to monetise the game but do not know whether I am able to patent the game in order to stop big ...
6
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1answer
225 views

In the case that multiple wills with conflicting terms are left, which one prevails?

Suppose I die and, on the day before, I have signed two wills with conflicting terms. If, for some reason, it is not possible to determine which of these was signed first, which terms will prevail? ...
6
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1answer
159 views

Can tech companies wishing to prevent secret backdoors discriminate in hiring against Australians?

Australia has passed a law which apparently requires tech workers to develop backdoors which can defeat a company's encryption and security features, without informing their employer, if ordered to do ...
5
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2answers
4k views

What international body would one go to file a case against Australian Immigration?

I have a situation with Australian immigration that sounds like a cheap scam... Immigration process goes as follows, you submit documents to one of agencies that are appointed by the Australian ...
5
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3answers
373 views

Legally speaking, is Elizabeth II Australian?

I came across a tweet saying that there should be an Australian on the five dollar note, rather than Elizabeth II. Legally speaking, is Elizabeth II Australian? Wikipedia mentions that she's Queen of ...
5
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2answers
474 views

Why is the Queen of Canada known as Elizabeth II?

The regnal numbers of the monarchy of the United Kingdom are combined from the regnal numbers of the separate kingdoms of England and Scotland. Hence, as there was a previous Queen Elizabeth in ...
5
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1answer
476 views

Are there laws prohibiting people from obstructing the view of an unmarked radar?

In Australia sometimes on the side of a straight stretch of road you'll see a car park parallel to the road. More often than not, these have radar that is used to catch people speeding. The other day,...
5
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1answer
508 views

Would it be legal to drive/own an Sd.kfz 250 in Australia?

As the title suggests, I would like to know if it would be legal under Australian law, I am not too sure about the law and Halftracks. I would also like to add, this vehicle is capable of the speeds ...
5
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2answers
271 views

Who is liable for damage?

Consider the following situation: The red car and blue car are both reversing in the above situation. Just as the red car was in front of the blue car's space, the blue car reversed out crashing ...
5
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1answer
157 views

What is the legal basis that can prevent a carton being reused in Australia

I came across a box that has the words "Reuse of this carton is prohibited and is punishable by law" With that box in mind, I have a few questions Is this true are there laws that could enforce ...
4
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2answers
525 views

Pay electricity bill after being evicted on no contract?

I moved into a house and started paying rent of $110 per week however I was unaware that none of the other tenants (and hence myself) were on a contract so we were essentially squatters. The ...
4
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3answers
306 views

How do I look up the trial experience of a lawyer?

I want to review the trial experience of a particular plaintiff lawyer in Ontario. Where can I get this information? . . . no answer Then how does one look up a lawyer's trial record in other ...
4
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2answers
11k views

What happens to IP owned by a defunct company?

Say you have a tech company that over the course of its run develops several projects worth of proprietary software and related IP. Then for whatever reason (insolvency/winding up, voluntary ...
4
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2answers
106 views

How does Australian law consider a marriage in which one person has subsequently transitioned?

In Australia: Same sex marriage is not currently legal. This extends even to same sex marriages from other countries, which "must not be recognised as a marriage in Australia". At both the federal ...
4
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1answer
671 views

How do I read an Australian case citation and find the text of the judgement?

I want to know more about a particular case. I've seen it referred to a couple of different ways: Tame v New South Wales [2002] HCA 35 Tame v New South Wales (2002) 211 CLR 317 How can I access ...
4
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1answer
163 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 ...
4
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1answer
1k views

Are date ranges in contracts inclusive or exclusive?

I was recently in a dispute over whether a date range in a lease was inclusive or exclusive of the start and end dates. The wording was: The lease starts on 14/1/2016 The lease ends on 13/1/2017 So ...
4
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1answer
148 views

What if the law changes after your proces begins?

What would happen if there is a law change and those laws had had an influence on your case? Some scenarios, what would happen: The law you are sued for is deleted ... while your process is going ...
4
votes
1answer
235 views

Can a bank keep cleared funds against your explicit instructions?

Does any legislation exist which permits or requires a bank to hold on to cleared funds against the explicit wishes of the account holder? Background I recently transferred my home loan to a new ...
4
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2answers
14k views

Is forging a signature a crime in Australia?

My landlord has dishonestly processed the security bond refund form without my knowledge. The landlord forged my signature to claim half of the bond, to which he is not entitled. The landlord ...
4
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1answer
268 views

Is it legal to work without pay - Australia?

Inspired by Is it legal to work without pay - Canada?; I figured I would ask the same question for a different jurisdiction. In what circumstances is it legal to work without pay in Australia?
4
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1answer
596 views

Is it legal to post a photograph that I captured of a stranger in the street?

I captured a photograph in the street. The photograph includes people who I don't know. There is nothing in the photograph that I believe can offend anybody (e.g. no nude or illegal act). I just ...
4
votes
1answer
338 views

Driving through a red after traffic lights have been broken

A situation happened to me today that got me thinking. I live in Victoria, Australia. I was driving and entered an intersection on a green light to make a turn. I waited until there was no oncoming ...
4
votes
1answer
282 views

In Australia, do laws prevent an employer stipulating the financial institution which your pay must be deposited into?

This rumour keeps coming up time and time again, (probably because I've worked in financial services where this may be more commonplace - I no longer do) but every now and then, I'll hear someone ...
4
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1answer
136 views

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 ...
4
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1answer
129 views

Is it defamation if the defamatory comments were unintentionally published?

A person writes down defamatory statements, and they accidentally are communicated to someone else. Is that considered defamation?
4
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2answers
121 views

Employee Contract changing without approval

Scenario: Employee works at a medium sized Company (100-500 employees). Company has recently changed office locations and needs to update employee contracts to reflect the change. Company presents ...
4
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1answer
1k views

Can i have the police impound a car which is obstructing my driveway?

a few days ago someone parked their car across my driveway. between my fence and the road there is about 5 meters of land including a foot path and gutter/runoff ditch. my road extends from my front ...
4
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0answers
96 views

Legality of post-WWII expulsions in Australia

After WWII, most Japanese people were mandatorily expelled from Australia unless they were born in Australia or had an Australian or British wife, according to this site (the same may have happened to ...
4
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0answers
212 views

In Victoria are the police allowed to speed to pull over a car that is not attempting to escape from them?

This question is only concerned with the law in Victoria (Australia). Let's say the traffic police spot a car, which is travelling at the speed limit, that they want to stop and question but the ...
3
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2answers
11k views

Is it legal for police to use their lights to go through a red light?

Many of us have seen this. A police car stops at a red light and after ten seconds with no cross-traffic, they put their lights on only (no siren) drive across the intersection against the red light, ...
3
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2answers
242 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 ...
3
votes
2answers
162 views

Does Australia have the same rules regarding succession to the throne as the United Kingdom?

It was pointed out that the Queen of the United Kingdom is also the Head of State in Australia (and other Commonwealth countries), but she has the separate title of The Queen of Australia. I always ...
3
votes
1answer
206 views

Do I own copyright in a recording I just made?

I am a freelance recording engineer in Australia. I was engaged to make a recording in the expectation I would be paid for my services. After the job, the producer indicated that the job was pro-bono ...
3
votes
1answer
99 views

Is there a way for participants of an industry to discuss how to keep a market healthy without it being considered collusion?

For a particular niche in demand but broad in utility industry, I am both a consumer and producer that participates internationally. Within segments of the participants, there are public informal ...
3
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1answer
68 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 ...
3
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3answers
159 views

Is placing the burden of proof on the accused illegal?

The specific situation I'm thinking of is ticket inspectors, but it could apply to other situations. The ticket inspectors assume you are fare evading without evidence (no presumption of innocence) ...
3
votes
1answer
140 views

Sending dried fruits to Australia through courier

I have sent 1kg of dried fruits as a gift to a friend from New Zealand to Australia. I DECLARED them in customs form when sending parcel through New Zealand post. But now some one now tells me that ...
3
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2answers
283 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 ...
3
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1answer
104 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 ...