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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9
votes
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 ...
2
votes
1answer
47 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 ...
1
vote
1answer
162 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). ...
2
votes
1answer
55 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 ...
1
vote
2answers
54 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 ...
6
votes
2answers
517 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 ...
4
votes
2answers
517 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 ...
1
vote
1answer
72 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 ...
6
votes
1answer
217 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? ...
9
votes
1answer
726 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
votes
1answer
523 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 ...
15
votes
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 ...
4
votes
1answer
644 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
votes
1answer
281 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 ...
5
votes
1answer
472 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
votes
2answers
268 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 ...
1
vote
1answer
61 views

In New South Wales, does the proportion of rent paid by co-tenants affect their legal rights?

If a co-tenant on a property (answers would preferably address residential cases, but commercial cases would be acceptable also) pays more rent than another, are they legally entitled to, for instance,...

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