r/AusLegal

the union that my workplace is with forged my signature a few months ago. someone within the union filled out a membership application on my behalf and signed the e-signature without ever sending me the document and was able to deduct union fees from my payslips. i had them send me a copy of the membership application on file when cancelling the membership and it was 100% a document i did not sign (my printed signature isnt even spelt correctly, and i know exactly where i was on the date it was signed...) I'm also not the only person at my work this has happened to (my roommate/coworker is in the same boat, but she's too lazy to actually do anything, so her fraudulent union deductions just keep piling up)

i've informed the union about this on three occasions and also notified the police, but they're very adamant about doing their own internal investigation first before letting police conduct an investigation into the fraud. it feels very sketchy though as they keep ignoring my emails requesting they investigate? even the email they asked ME to send where I gave them proof of the fraud for their investigation has gone unanswered for almost two weeks.... i just feel like they're ignoring me, especially as the first time I tried to flag this over email the administration officer did just ignore me 😭

how long should these investigations take? should I just urge the police to start their own investigation anyway? because it just feels like the union is trying to cover their butt. and should I be seeking legal advice? they didn't even deduct $10 from me, so I feel silly consulting legal aid, but it's the principle. and i worry that they're probably doing it to a bunch of other people too.

and if anyone has experienced anything similar (???) i honestly just need advice on what to do. nothing i search seems to relate to my situation at all...

I was charged $100 for being tailgated on two consecutive days. Goodlife is charging me this amount despite everything I’ve thrown at them using advice from this sub and other subs.

I don’t find their reply convincing as they have replied to my concerns extremely vaguely, providing no solid accounting for what the actual cost incurred on their behalf is for tailgating.

Looking for some help. Below is their response

Your membership agreement explicitly states that members must not admit unauthorised persons to the club and that a tailgating fee is payable in the event of a breach. This provision is in place to protect the safety and security of all members and staff. By agreeing to our terms and conditions, you accepted this obligation. The fee is not a penalty, but a pre-determined charge designed to deter unauthorised access and to cover the administrative and security-related costs incurred in enforcing our access policies. Please see copy of your signed waiver below.

The tailgating fee is a legitimate business practice necessary to protect the integrity of our security measures. It does not cause a significant imbalance in rights and obligations, nor does it impose an unreasonable detriment. The Australian Consumer Law allows businesses to enforce reasonable terms, especially where they are clearly communicated and accepted upon joining.

Members are not required to perform security duties. However, ensuring that access credentials are used correctly and not allowing unauthorised persons to enter is a standard condition of membership. This is no different from ensuring that personal access cards are not shared or misused. If a member does not feel comfortable ensuring doors close behind them, they may instead report any concerns to staff or use the facility during staffed hours.

The $100 tailgating fee remains valid and payable. No reversal or refund will be provided

I wanted to share our recent nightmare with YOUI Home and Contents insurance to warn others and hopefully save someone else from the same stress.

My mother-in-law originally took out the policy for our home. Because she was the one setting it up, she didn't know that my partner had a single shop theft charge from over three years ago. It was an honest mistake on her end because she simply didn't know about it.

Recently, my partner was looking over the policy details and noticed that YOUI asks if anyone in the home has had any criminal convictions or charges in the last 10 years. Realising the omission, he immediately rang YOUI to rectify it and be completely transparent.

Instead of working with us, YOUI rewarded his honesty by cancelling our entire policy on the spot. They gave us just 3 days of cover before cutting us off completely. Because of one minor, years-old shop theft charge that he proactively tried to fix, the biggest investment of our lives was suddenly left completely uninsured. It really felt like honesty does not pay with them.

If you are looking for home and contents insurance, please be aware that YOUI and many other mainstream insurers grill you about the last 10 years of your history.

Fortunately, we found a loophole yesterday. We checked out ALDI Insurance, and their policy guidelines only ask about the last 3 years of criminal history. Since my partner's incident was just outside that window, we were able to get our home covered safely and legally without the 10-year headache.

I just hope this post helps someone else who might be trapped in a similar situation. Check your policy wording, and look for shorter disclosure windows if you have old, minor issues on your record!

I am no contact with my grandmother due to her be physically aggressive towards me when I was 8 months pregnant, I have a 4 year old that used to see her regularly but since has stopped due to this situation now she’s threatening to take me to court over visitation for him

Just wanted advice on what to do next

Former employee of a security firm in QLD, at the start of my employment is was not made clear what the basis of my employment was (my fault for not clarifying). After reviewing all the rosters and pay slips I was issued by my calculation I was not paid 163.5 hours of public holiday penalty rates, if I was permanent I have also lost approx 13 weeks of annual leave. If I was casual I was under paid the base hourly rate from the security services award, I also did not start getting weekend penalty rates until 2023. I started work in 2019, anytime a colleague raised an issue like this I seen the owner lose his temper and the next couple rosters those colleagues would be removed from them. As I needed the job I didn't raise it during my employment.

Any contact I have attempted seeking clarification on the basis of my employment has been ignored. Also when raising the issue of missing annual leave and penalty rates they have also been ignored.

I would like to note the business has recently been sold but the original owner is still a part of it as a director/operational manager. I am unsure whether the sale was assets or shares and if liability was transferred to new owners.

Just another side note, when one the former supervisors gave him 6 weeks notice he was terminated on the spot.

I have been in contact with the fair work ombudsman but since they are only a mediation service they seem pretty useless. I am considering hiring an employment solicitor to review all my paperwork and then trying to action something in small claims court.

I know intent is hard to prove but all guards I have spoken to within the company have advised they also did not receive public holiday penalty rates until around 2025-2026. If it was just me I could possibly understand maybe an error in payroll but given every employee did not receive this my personal opinion is that this is criminal theft of wages.

Posting for a friend; thank you for reading.

Hi everyone,

I’m a single mum on the Gold Coast involved in complex parenting proceedings in the Federal Circuit and Family Court of Australia. I’m looking for any practical insights from people who’ve been through something similar.

Background (condensed):

There are existing final parenting consent orders that I say I did not freely or voluntarily agree to.

On the day the orders were made I repeatedly told my barrister I did not agree and wanted to go to trial. I was kept in a small room for roughly four hours with only short toilet/water breaks. When I tried to leave or speak to my mother or a social worker I was ushered back in. My barrister made a series of statements that I experienced as pressure (including about Legal Aid obligations, the risk of losing my son if I didn’t agree to relocate closer to the father, breakdown of our professional relationship, and the practical difficulty of finding another barrister or self-representing with thousands of pages of material). I kept saying I was too emotional to consent properly and needed more time to understand what I was signing. Those requests were ignored.

I have a written contemporaneous account plus supporting notes, emails and text messages showing I felt pressured and coerced.

The orders that are causing the biggest problems right now:

- I must live (and continue living) within 30 minutes of the father indefinitely. (The father is taking me to court for being 3 minutes outside that radius)

- My son is restricted from attending Silkwood School.

- A provision to set aside all previous orders (I have a DVO that is important for safety and I’m concerned the way the consent orders were drafted has maybe nullified those protections).

Current situation:

I applied for around 100 rental properties within the required radius (including many in Beenleigh) and couldn’t secure suitable, sustainable accommodation. I’ve now been approved for and moved into a rental in Ormeau (approx 33–45 minutes depending on traffic). My son has had to move 4 times since we left the father due to disputes in where I can live. Child safety and lawyers have given conflicting advice.

The father’s solicitors have written formally saying that being even a few minutes outside the radius is a breach and they will take me to court if I don’t move closer by January.

At an earlier interim hearing the Judge found it was not in my son’s best interests to relocate from the Gold Coast and stayed an earlier interim relocation order after I showed the difficulty obtaining accommodation in Brisbane. She also indicated I should be able to remain in my home city on the Gold Coast and that my son should be able to attend Silkwood. I have the transcript of her reasons. She was meant to be my judge for final hearing but a new judge was assigned and I was told my my legal representation that he is the type of Judge to take my son from me if I did not agree to live within the 30 minute radius.

There are family-violence / DVO considerations that need to sit alongside any residence or relocation arrangements. The orders also don’t deal with what happens if the father moves (I believe he may now be living with a girlfriend in the Logan area). I still have to live 30 mins from Cannon Hill despite where the father stays. A clear mistake in the orders.

I’m currently on a 6-month lease in Ormeau and the property may be demolished, so I need clarity before January.

What I’m trying to work out:

Is the strongest pathway:

1. An application to set aside the consent orders because of the circumstances in which they were obtained? or part of them?

2. A stay of the relocation / residence restriction so I can remain in the Ormeau / Upper Coomera area?

3. A variation of the parenting orders to allow residence in the Ormeau / Gold Coast region and attendance at Silkwood (I’m flexible on father–son time arrangements)?

4. Some combination of the above?

I’m more concerned about choosing the correct procedural pathway that actually gets an immediate practical result than about running the most dramatic argument.

What I’d like a professional to assess:

- Whether the circumstances around the consent orders warrant further investigation as a potential challenge

- The strongest immediate legal pathway

- Whether an urgent stay / interim application is realistic

- How the current housing, schooling, distance, change-of-circumstances and family-violence factors interact with the existing orders

- What evidence they would need

Questions for Reddit:

- Has anyone been in a similar situation (pressured into consent orders + later needing to vary a strict relocation radius or school restriction)? What pathway actually worked?

- Red flags or things to watch for when choosing a lawyer for this type of matter?

- Any practical tips on getting an urgent stay or interim variation while living slightly outside a radius that was set by consent?

I’m trying to identify the smartest procedural route before the January deadline.

Thanks in advance for any advice.

For context I have 5 subjects left on B./Laws online.

I started my degree at Notre dame before transferring when I moved overseas. Back in Aus but stayed at UNE.

At other unis I’ve studied at, each subject has about 3 hours a week minimum of class work, whether lectures or tutorials. Yes you had to do the readings to do well but you could get passes and credits by watching the lectures.

Law at UNE is so different. It’s maybe max half an hour of pre recorded lectures than the laziest one hour tutorial where the lecturer gives zero answers to anything. I’m redoing a unit atm (dropped out for health reasons not failed) and it’s a different lecturer but they’re reusing last years lectures.

They’re 2k a subject and it’s literally recycled content. I’m finding it really hard to keep up as each week it’s 200 pages of reading and a minimally relevant death by PowerPoint episode. My grades are slipping for sure.

Am I just a really lazy, possibly dumb student or are the lecturers just taking the piss at this point. Like what are we paying for??

My ex has told me he has filed for divorce but I have not been served.
He has given me a court date and copies of the documents he lodged. I noticed he has used the wrong marriage certificate (church version not registry one). Other details are incorrect but only minor issues I feel.
Is there a simple way to find out if it’s been accepted and to let them know he hasn’t served me?

I was caught speeding by an officer. He showed me the radar gun lock at 18km/h over but then said he saw me at 21km/h over so I'd be getting fined in the 21-30km/h over the speed limit bracket.

I've done some basic research and I'm pretty sure that the radar gun would've clocked me at the maximum speed it saw. I'm unsure if the police officers testimony of seeing me at 21 over will be enough to fine me at that bracket.

Obviously I'd want to save $300 and get the 18 over fine, but I don't want to take this to court and waste my time just to have to pay court fees as well.

So bit of context, I lent my co-worker/friend (not really now) some money, and he has paid me 70% back, but still owes me some money. We had signed a contract that states how much is borrowed, and when to pay back but its way over due.

But now he has left the store i work at, and supposedly moved interstate but dont know where exactly. I'm being completely ghosted, and he's ignoring all my messages on text, messenger and email.

I've reached out to a debt collection agency to work with, but they can't seem to locate him even when we did a skip trace.

Now i feel like my options are running out quickly, and feel like I won't get my money back. Its an amount that is definitely worth fighting to get back. I only have his NSW drivers license as a photo, but thats really it.

Any advice greatly appreciated, and I'm willing to work with anyone that can genuinely help.

Just find out that my neighbor has a new camera and is facing our property, and directly right at our balcony!!!!!
We are not on a main road or anything like that, the only thing I see from that angel is our balcony and kitchen window!! Feels very creepy!

Hi guys,

I tested positive for COVID at the beginning of last week. Upon notifying my employer, they advised that I must take a mandatory 7 day leave period before returning to work. For that, I can use sick leave, but I only have enough to cover half of that seven days. They don’t allow us to take unpaid leave, so I’m expected to use my annual leave for the remainder.

Is this allowed? Can they enforce it?

I work under the SCHADS award, in case that is relevant. Some have suggested just going into work and not advising of the COVID, but I did not do that as I feel that would be both unethical and irresponsible, especially given I work with vulnerable people.

I’ll also mention that this is the fourth time in three years that I’ve had to take 7 days leave for COVID. I also caught the COVID from work all four times. I tolerated the first three instances, but I’m kinda sick of having to take mandatory leave at my own expense.

TYIA!

Looking for some insight or experiences regarding an MDT swipe today in NSW.

The Situation:
I was pulled over today for a random roadside drug test. I tested positive on the initial saliva screening swab for cannabis. I am a legitimate, prescribed medicinal cannabis patient and have a current prescription/TGA approval.
The police officer issued me a pink slip, which is an immediate 24-hour driving ban, and told me my secondary sample is being sent off to the lab for testing. She did not confiscate my licence on the spot, so I know I can legally drive again once the 24 hours are up while waiting for the lab results (which I understand takes 4–8 weeks).
The officer told me that once the fine arrives, I can apply for an administrative review through Revenue NSW (formerly SDRO) and they can "waive the fine" because of my prescription. From my own reading of the Road Transport Act, this sounds like flawed advice, as NSW has a strict zero-tolerance presence law, and Revenue NSW usually can't waive drug driving matters administratively.

The Complications (Why I'm stressed):

I am a postgraduate law student. I am incredibly stressed about how a drug driving conviction will affect my "fit and proper person" admission to the Supreme Court via the LPAB. Absolute candour means I have to disclose this regardless, but an active criminal conviction is obviously a massive hurdle compared to a spent administrative fine or a non-conviction order.
Prior Record: I have a prior Section 10 dismissal, but it was for a completely unrelated matter maybe over 15 years ago

My Questions:
Has anyone successfully had a drug driving fine written off or cautioned by Revenue NSW based on a medical prescription, or was the cop completely mistaken? She said I should dispute the fine with the SRDO because I have a prescription. She never mentioned a 3 month suspension, only 24 hours.

Given that my previous Section 10 was over 15 years ago and for a completely different category of law (not a traffic offence), what are the realistic odds of a magistrate granting a second Section 10 / Conditional Release Order (CRO) without conviction if I court-elect the ticket?

For any lawyers or recent assignees here, how heavily does the LPAB penalise a standard "presence of THC" traffic fine (if I just pay it to avoid a court conviction risk) vs risking court to fight for a Section 10?

Obviously seeking general experiences and perspectives, and I will be booking a consultation with a traffic lawyer this week. Thanks in advance.

Long story short - lost my father suddenly almost 2 years ago. He put my brother and I down in his super for inheritance, we are both not his dependents so would be paying a lot of tax. It’s taken us this long to decide to pursue it because of the grief.

My mother was still his dependant, so we were looking at getting this paid out to her since dependents don’t pay tax on these benefits. It seems from my understanding we would be taxed 30%, which is such a significant amount. I am so fine with paying tax but to lose that amount of money that should have been for my father to retire is just another gut punch.

I’m cautious that by both my brother and I providing the documents needed and declining the pay out that that there would be any obstacles in getting it paid to our mother to distribute to us? I tried talking to the super fund person about it but they were no help.

Any help or advice is greatly appreciated!

Disclaimer: I am not in any legal trouble, just curious

So I was just daydreaming about getting into a fight, as I'm sure many of you have on occasion, and had ran into the thought described in the title.

AFAIK, whoever swings first in a fight is the aggressor in a legal sense, but does someone provoking a fight supersede that scenario?

I'm not talking about the first bloke getting in the other's face, saying fight me over and over, all that shit. More like if say the two were in a heated discussion, the first said well fight me then, and the second began the fight. Who would be at fault? Or would that be for the court to decide?

It's a massively antagonistic split, mediation, BFA et al. I had to use the family law firm's conveyancer to deal with the property transfer, but I've barely spoken to the conveyancer.

Today at 10.15AM, the legal assistant asks me the ex and I can work out the adjustments between us!!

WTAF?!

Hi, has anyone ever lodged a complaint on tax ombudsman's website. My complaint is against ATO and the way they handled my case and I'm hoping for a better outcome with Tax Ombudsman. How soon did u hear back from Tax Ombudsman after lodgng a complaint online on their website? How was your experience?

I no longer live in Australia.

As the title suggests I rent and live in an apartment complex where the walls are pretty thin. My neighbour and i’s bedrooms are parallel.

Between 6pm - 5am frequently and more particularly on weekends I hear the most vile, loud and abhorrent language from a male towards a woman (presumably a girlfriend). I hear thuds, but often do not hear the woman speak back too loudly rather just the male yelling at her. I do not hear her scream or ask for help but it is clear it’s an unsafe situation and the man could use lengthy and ongoing professional help. Or ideally a jail sentence.

At first I was incredibly concerned for her safety and honestly fed up one early morning where I was woken up by the yelling (I am the deepest sleeper ever) so I called the police for the first time ever. They came. “Everything ok” and left under 3 minutes. I believe she had already left at that stage and it appears she doesn’t have rights to live in the unit as he is always telling her to “f** get out” at 2am. To which she does. I have seen her sit in the hallway waiting and heard her barge herself into his apartment so this won’t end with a breakup anytime soon.

Anywho. I haven’t phoned the police since as to not be disruptive to the day to day operations of the force. I already know I should call more often. You just never know. But I feel bad. I should change that mindset, but what could the police really do though? I did complain in the interim to my property agent who hasn’t replied. I don’t know if the male owns the unit, or if anything can be done on my PMs behalf anyway.

Honestly, I cannot live next to this man. It disgusts me. It’s incredibly embarrassing when i have friends or family over too and they cannot sleep and hear them. It’s also disrupting my sleep. Naturally, I do not want to move but I will begin to consider it.

I am seeking advice on next steps. So I don’t have to consider moving. I have been documenting dates / times / descriptions. I also have audio recordings which are timestamped via my own personal home.

What are my avenues here guys? Not looking to confront in person or slip a letter under the door, although I have certainly considered it.

My sister in law is dealing with some issues at work and I bet someone here might have some good advice.

She’s been working in a small restaurant for ten years - casual the entire time, had asked for a full time contract over the years but the boss is a complete flake and all round unreliable. They’re also quite friendly and have become close over the years. The casual/full time issue doesn’t bother her.

What does bother her is that she’s recently figured out she’s been underpaid nearly the entire time. In addition to her super being unpaid the last year.

She confronted the boss and things got awkward. In person he was very apologetic and said he’d backpay - in writing he clarified that he is only liable for the last six years and that due to the award rate - he owes her less.
She basically manages the place and works there six days a week, opens, closes, orders stock, manages other staff (also underpaid).

He owns her upwards of 30K minus the super.

The negotiating was getting lengthy with no resolve and he made her an offer of 20K, stipulating that she sign a gag order. Don’t know if that was exactly what was on the document but that’s what she has told me - the doc apparently stated that she wouldn’t pursue anything further.

He’s been making small incremental payments to backpay super.

With signing this confidentiality agreement/gag order - can she still report him to the ATO/fair work, and if she doesn’t can I, and have him be investigated?

Hello a few weeks ago I had a simple punture in my rear passenger wheel tread. Took it to a local tyre shop for repair and was charged $40 nothing was mentioned about the damage they did to my wheel as a result during the punture repair.

Wheel place now refuses to replace my wheel with a new one. My car is under 3 months old, purchased brand new.

I lodged a police report and was told it won't be investigated as it's a civil matter.

I have full comprehensive insurance but don't wish to pay $500 excess for someone else's mistake.

What would you do now?. Is there any further investigation thst can be done by police.