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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146 views

NSW, Australia. How to kick out a guy in the house who hasn’t paid so many weeks

I am living in Sydney, NSW, Australia. I am head tenant of my house, by which I mean I rent the house. I want to kick out a guy who is living in the house now. He hasn’t paid rent in many weeks; he ...
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116 views

Can I claim against an entity who is in breach of a GPL license against a third party?

A company based in Taiwan has created derivative works (in particular, an operating system for their range of embedded devices) based upon many works licensed under the GNU GPL v3 (potentially from ...
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695 views

Homeschool moderator expects my kid to be enrolled in public school, any alternatives?

I'm from Australia. I was aware that the homeschool moderator would come today but I've been really busy the last couple of days and was completely caught off guard. She asked to see the work and I ...
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2answers
90 views

Can a solicitor challenge a binding financial agreement they don't agree with?

My ex and I separated last year, with everything between us being very amicable. I have always been the higher earner. We both have recently agreed that I would buy out my ex's share of the family ...
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1answer
61 views

What is required in order to claim a tax deduction for use of a motor vehicle?

I have a question about Commonwealth income tax law. Suppose I am an employee at a retail chain. Occasionally, my boss asks me to take stock from one store to another. I use my private motor vehicle ...
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2answers
111 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 ...
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1answer
55 views

Someone owes money in Australia

Someone owes money in Australia, Can I file case against that person? He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's ...
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1answer
79 views

Is it legal to charge GST2 of 2.5% in Australia?

I recently bought a meal at a restaurant and when I looked at the receipt later I noticed that it shows a GST2 charge of 2.5%. As far as I know there has only been one GST rate in Australia since it ...
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1answer
438 views

What is it about airsoft which makes it illegal in Australia?

Unfortunately airsoft is currently illegal in Australia, but what part of an airsoft gun is actually illegal? Is it the fact that it fires a projectile at high speeds? The fact that they look like ...
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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.
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1answer
991 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 ...
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1answer
71 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 ...
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1answer
166 views

Are manufacturers allowed to refuse warranty because you did not purchase from an authorized dealer?

In Australia, are manufacturers allowed to refuse manufacturer warranty because you purchased their item from an unauthorized dealer or re seller? Or are they forced to fix my product? Also please ...
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1answer
135 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 ...
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0answers
93 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 ...
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1answer
211 views

What is the difference between liquidation and receivership of a company?

What are the legal differences between a company that is in "liquidation" as opposed to "receivership" under Australian law?
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3answers
231 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 ...
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2answers
9k 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, ...
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0answers
206 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 ...
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2answers
135 views

What are the consequences of mistakes of execution of laws?

Suppose a Public Servant states in correspondence, "This legislation requires..." and then incorrectly stipulates an action that is not in the law. I assume that most constitutions set out how ...
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1answer
54 views

Lottery iOS App

Would Apple allow an app where you can purchase a lottery ticket through PayPal and go into the chance to win, with the winners money going to a PayPal account? What are the legal considerations when ...
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3answers
254 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 ...
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2answers
42 views

Refunding received package [AUS laws]

I recently bought something off the internet and it didn't come within the time they said which was 7 days, and neither did it come within 30 days so I placed a Paypal refund dispute and the money was ...
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2answers
9k 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 ...
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1answer
214 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 ...
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1answer
90 views

What can I do legally about a property which constitutes a major fire risk for my property and neighbouring school?

There is a property out the back of my place full of long grass and Gorse Bushes which are taller than any adult. this property sits between the edge of a forest and the back of a couple of properties ...
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2answers
294 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: ...
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3answers
807 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? ...
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1answer
450 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 ...
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1answer
55 views

Mobile app Collects Children's Data

We are working on a medical app for children. (Of course parents will access the application.) Is it lawful to store children's health records on a webserver? My client says it's illegal; that we ...
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2answers
469 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 ...
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2answers
12k 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 ...
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1answer
257 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?
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35 views

Is it legal to sell a product with a class 3 laser in Western Australia?

Say the object isn't handheld and therefore doesn't meet the definition for laser pointer.
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1answer
560 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 ...
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1answer
321 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 ...
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1answer
49 views

Customer feedback gathering in Australia

Is it legal to provide an independent platform/system to the public, so that they can write feedback directly on different companies/products in the market? Example: Is it legal for company ABC to ...
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0answers
3k views

Is DPF removal on Australian diesels legal

I have a second hand 2010 Subaru Outback that is having major DPF issues, I have been trying to get a definitive answer if it is legal to remove the DPF according to current emissions standards in ...
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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 ...
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1answer
46 views

Protection on deposit for home buyers

Is it legal for a real estate agent to accept a deposit on a house and then hold an open house for that property in NSW Australia? Also is it legal for the real estate agent to raise the price on the ...
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1answer
152 views

Could a personal jetpack flight legally occur over Australian cities?

Have just been reading about the remarkable jetpack flight over Dubai, in the article Flying over Dubai — and other places — with jetpacks (a YouTube of the incredible flight is available on YouTube). ...
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1answer
54 views

Does “so as to” limit the application of a permission, or define it as a possible use case

I have been asked to sign an employment agreement which includes The Employee irrevocably appoints the Employer as the Employee’s lawful and authorised attorney to sign a document or do any thing ...
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2answers
52 views

Provisional patent vs complete patent?

I am quite confused as to the protection that a provisional patent offers in Australia. Does a provisional patent offer the same protection as a complete patent? Is it necessary to have a patent ...
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2answers
469 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 ...
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2answers
506 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 ...
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1answer
58 views

Who is responsible for Refunding the customer in Australia with Download Codes

In Australia, Australian Consumer Law dictates that within reason Australian Customers are entitled to refunds which Steam/Valve got into trouble by refusing. A while back i went to buy Warhammer 40k ...
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1answer
207 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? ...
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1answer
703 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 ...
9
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1answer
498 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 ...
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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 ...