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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1answer
72 views

Does Mabo v the State of Queensland (1992) 175 CLR 1 state that “The Aboriginal people we the traditional owners of the land”?

I'm reading a essay making claims about the case Australian Mabo case from 1992. The essay states: ...the High Court (notwithstanding finding that the Aboriginal people of Australia were the ...
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0answers
45 views

In Victoria Australia can you stand out the front of somebody's house and record what is happening inside?

Generally, in Victoria Australia, anything that occurs in public is open to being recorded by anyone (To my knowledge). However, if you take a video camera or camera phone and aim it through the ...
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1answer
230 views

Is it legal for stores to discrimate against customers based on uniform?

I am a legal-aged student in my country (Australia, so I am 18,) after school I enter a liquor store with the intention to purchase. I am stopped at the door and told that I will not be allowed to ...
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0answers
58 views

How to challenge validity of housing inspections in regards to eviction

Jurisdiction is Western Australia. If a landlord is experiencing financial troubles, and is attempting to evict their tenants on false grounds, in order to increase his sale price or make finding a ...
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1answer
34 views

In Australia can you take Personal leave to look after a sick child or partner?

Under Australian employment law are you allowed to take personal leave to look after a sick child or partner? Is personal leave the correct category or does it depend on employment terms?
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1answer
487 views

Is it ILLEGAL to download voyeuristic pornographic videos from websites?

Is it ILLEGAL to download and view voyeuristic pornographic videos from websites. KNOWING that the subjects are 18+.
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3answers
140 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
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1answer
197 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 ...
4
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1answer
473 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 ...
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1answer
31 views

Right to get a copy of information held on one by private company in Australia

Does anyone know what the law in Australia is with respect of getting copies of information held by Australian companies about oneself - particularly notes made by phone operators and recorded phone ...
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1answer
2k views

Did my girlfriend rape me? Sexual assault? Nothing?

It was November 2016. We were on a high school graduation camping trip. Myself, my girlfriend of almost 3 years and about 10 of my best mates drove 4 hours north to camp on a friend's family's ...
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1answer
100 views

Does the failure to honour an express refusal invalidate prior claims of having implied consent?

Suppose a local health district (LHD) has used a patient's electronic medical record (eMR) for training purposes. Upon learning that they have done this, the patient is displeased and tells them so. ...
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1answer
183 views

What charges would a driver face after an unrestrained child dies in a car crash?

Suppose a person was driving a car in Australia with an unrestrained child. An unavoidable crash occurs where there are no other vehicles involved, and the child dies as a result. With what crimes ...
3
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1answer
84 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 ...
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3answers
120 views

Do capital felons have the capacity to enter in a legal contract?

In an answer to another question, it is stated that capital felons don't have the legal capacity to enter into a legal binding agreement. I think that is wrong because otherwise they could not buy ...
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1answer
58 views

Am I required to charge sales tax with an ecommerce site hosted in Australia?

I am creating a Wordpress site and want to sell some online products. Problem I have come across is easy digital downloads does not set tax by default. What tax rate should I set as the default in ...
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1answer
58 views

Does the Commonwealth of Australia Privacy Act 1998 apply to CV reference companies

I asked a company that purported to be operating out of Perth called CV Check about which legislation applied them. This was their response: CVCheck will only obtain information from an ...
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2answers
114 views

Can schools in Australia fail VCE students for missing class?

My high school has an attendance policy in place where you are allowed to miss 6 periods of class with a medical certificate and six without. They claim that after you miss these combined 12 periods ...
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1answer
47 views

Can I claim compensation for loss of earnings due to work accident in Australia?

I was working in a hair salon in Australia and fell backwards. I tore my rotator cuff and have slipped disc. I had surgery on shoulder when got back to UK. Can I claim for loss of earnings, etc.?
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1answer
63 views

Is it legal to log an IP address WITH an online name?

I am working on a "database" style of program that logs data such as an IP address, Steam Name, and Steam64 ID. I own a small game server company that hosts servers for a game called "Unturned" but we ...
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1answer
211 views

Previous Employer using my electronic Signature

My previous employer uses an electronic signature program to execute General Tenancy Agreements. I have since left the company in August. However, it has been made known to me that the company is ...
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1answer
91 views

Reasonable interpretation of the term “In connection with” with respect to intellectual property

In the phrase: "You agree that any rights you may have in any intellectual property produced, invented or conceived by you in connection with any of our business whether before or after the date of ...
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0answers
16 views

Under what circumstances does trading as a sole trader qualify as full-time employment pursuant to the Social Security Act 1991?

Subsection 10a of s1067a of the Social Security Act 1991 refers to: full-time employment of on average 30 hours per week for at least 18 months during any period of 2 years Under what ...
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1answer
402 views

Can a landlord be charged with trespass for entering a property without permission?

In Australia if a landlord enters a rental property without permission can they be charged with Trespass under australian law? This would be excluding the time where they have assumed permission ...
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1answer
93 views

Who owns a video recording of a sporting event?

A colleague of mine recorded an sporting event on his mobile phone. He then forwarded the video to me. I entered the video in a competition on a television program. The video won and the prize is $...
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1answer
67 views

Why does the Australian constitution differentiate “Original States” from other states?

In the text of the Australian constitution, the phrase "Original States" (the States when the federation was established) appears in two places which are still relevant today, such as in Section 7 (...
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2answers
196 views

Do the laws of mathematics apply in Australia? [closed]

According to Malcolm Turnbull, Prime Minister of Australia "The laws of mathematics are very commendable, but the only law that applies in Australia is the law of Australia". My question is, is this ...
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3answers
285 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 ...
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0answers
40 views

Can a minor request a copy of a contract parents signed on their behalf?

Can a minor get a copy of a contract parents signed on their behalf and if so, how can the minor get it (in New South Wales, Australia)?
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0answers
160 views

Is it legal to mug someone for keys if they refuse to let you leave their locked house?

If you've been locked in someone's house against your consent, and they refuse to let you out when you directly ask them to unlock a door, is it legal to let them know you will take the keys by force ...
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1answer
80 views

Can you leave children in a car while you pay for fuel in Australia

There are laws that prohibit leaving children in a car alone that can result in fines and court attendance. Under these laws can you be fined for leaving children in a car at a service station while ...
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1answer
60 views

Child Custody : Cases supporting Father as primary care giver or shared care and control

Does anyone have Court of Appeal cases where by custody is awarded to the father or shared custody is awarded? Basically Father proposed a shared care and control parenting arrangement but mother is ...
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2answers
87 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 ...
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1answer
37 views

Can Australian government departments use ISP meta data for general analytics

In Australia all ISP s have to capture 2 years of all users metadata, a number of government departments can access the data with out warrant. We are told this is to track terrorists, criminals and ...
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1answer
26 views

Is a booking a contract (QLD Australia)

If I make a booking to rent a car or a motel - without paying a deposit, and where I have the option of cancelling without charge - and the company accepts the booking but some time later changes a ...
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1answer
43 views

Is it possible for a tenant to sue a land lord for harm caused by mold

Take a case where the mould is caused by an identifiable maintenance issue such as a leaky pipe . The tenant does everything they can to minimise the harm done by the mould. But health issues are ...
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2answers
61 views

Starting up an internet company that's legally based in Delaware, U.S.A - compliance with local and foreign laws

I am starting a company and looking to create a C Corporation incorporated in Delaware, where we will provide online services to an Australian market. In Australia, the services we're providing are ...
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2answers
3k views

forged signature passport applications in Victoria, Australia

Can someone get into trouble if they have forged my husband's signature on his children's passport application forms in Victoria, Australia? Initial forms were signed and sent back but apparently ...
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1answer
86 views

Revenge Pornography

Jamie is a female, who is a US citizen who lives on and studies at an Australian university campus, Jamie sends non consented sexual videos of her ex(Jessica, Australian citizen), who is also a female,...
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2answers
1k views

Is sex for rent considered prostitution in Australia

There have been a number of articles about people who have been exchanging sex for rent or accommodation. Assuming that at some interval a person provides sexual services to another and in for this ...
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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 ...
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1answer
35 views

Who is liable when the membership of a partnership changes?

Suppose there is a partnership with five members. On Monday, someone commits a tort on behalf of the partnership (e.g. assaults a customer). On Tuesday, one of the partners leaves the partnership and ...
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2answers
393 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 ...
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1answer
235 views

Would pirating Train Simulator and all its DLC classify as Grand Theft?

The game Train Simulator 2017 infamously has over $5000 of DLC (downloadable content). In the United States, the term Grand Theft is used for thefts of items over a particular value, anywhere from $...
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1answer
127 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?
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2answers
213 views

Is it lawful for a company to refuse a refund of a cancelled subscription service?

A couple of days ago, I was billed for my yearly Playstation Plus subscription service. I wasn't notified ahead of time that it was due to renewal and so I could no cancel. I cancelled immediately ...
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1answer
108 views

Use of “evidence” like ISP metadata in divorce cases in Australia

There have been mentions in Australian news recently that internet "metadata" which was ostensibly collected for national security purposes may be made available for civil cases (abc.net.au). People's ...
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0answers
93 views

Is an error in a Rent Increase Notice binding?

I have just received a letter and email from my landlord stating that the rent will be increased in accordance with Residential Tenancies Act 1997. Increased rent will be $600.00 per month, an ...
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2answers
299 views

How to deal with a cheque fraud in my Westpac (Australian Bank) account?

I sold bitcoins worth of $9500 to a person who told me that he made cheque deposit to my account by using SMART ATM of Westpac bank. When I logged into my Westpac, it was showing that $9500 was ...
2
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1answer
86 views

Does intent affect whether or not repudiation or fundamental breach has occurred?

Consider the case of nonpayment under a very simple contract, where the only promise made is that Person A will perform and deliver some specific work, and Business B will pay them a stated amount for ...