r/AusLegal 22h ago

VIC Warranty works + replacement vehicle

0 Upvotes

Hoping this is a quick and easy one.
Basically, 3yo work vehicle 90,000km on the odometer is needing a new engine due to a manufacturing fault.
Car is currently at the selling dealer to which they have said the car will be off road for 2-4 weeks whilst they get the part that is on back order and complete the repairs.

I work in a trade so I use my car for travel all day 5+ days a week. So being without my car I will suffer a loss.

Upon requesting a replacement vehicle during this time they are able to but will be charging $50 a day, I could understand if it was work I had decided to have done by consumer choice but given this has been deemed a manufacturer fault I feel this charge is excessive given the wait time also. I have disputed the fee but they are adamant on this.

Are they able to charge this fee given the circumstances?


r/AusLegal 21h ago

NSW What is the legality of a hostel or hotel charging you for internal rules or guidelines that you didn't follow?

0 Upvotes

So I was staying in a hostel and there was a sign in the kitchen which said you have to wash your dishes, dry them and put them away, otherwise you would be charged $20. It got me thinking what is the actual legality of them charging this? Is it because when you check in you sign a contract saying that you accept that you could be charged this? (I didn't read the contract anyway I was lazy and tired when I checked in honestly).

Btw - I am in full agreement that the dishes should be washed, cleaned and dried and put away! I'm just wondering about the legality of these things. Also includes things like extra hotel cleaning fees, and late check-out fees etc.


r/AusLegal 6h ago

VIC Can I get someone’s working with children’s check revoked?

8 Upvotes

Long story short, I was groomed and taken advantage of as a teenager by someone working at my school as a teacher-in-training. Years later I find out they’re still working with children as a sports coach. Is there anyway I can try to stop them from working with children or flag them in the wwcc system?

Unfortunately I have basically no hard proof that this occurred, except for my word, the word of a family member who stepped in, and maybe the abuser’s university disciplinary board who was notified.

Any help is greatly appreciated. I have no doubt that, because of the almost textbook way the abuser sought me out and succeeded in isolating me from almost anyone that could have helped me, I was the first and last child she took advantage of.


r/AusLegal 1h ago

VIC How can I complain about a police officer?

Upvotes

I've had a very bad abusive relationship and the officer came and blamed me as the women even though I had a bruise from him from the night before. He said "I must have done something to deserve it". I left and then I called the station the next day to complain, again, I was told the officer wouldn't have said that and was I crying on the call and I ended up hanging up and they sent me a referral to the hospital to have them call me because I was upset on the phone.... the gaslighting is fucked up.


r/AusLegal 18h ago

VIC Target Australia keeps delaying a refund with shifting stories - what's my next legal step and when should I act?

9 Upvotes

Looking for some practical advice on where this sits legally and what the right next move is.

On 30 June I ordered a PS5 Pro from Target's website for $1,299. The order went through, and the next day I received an official Order Confirmation and Tax Invoice. About 20 minutes later, I got a second email saying the order was cancelled due to no stock.

I told Target I was happy to wait for stock rather than cancel outright. Heard nothing for over a week, so on 9 July I asked for a refund instead. Target agreed and said it would land in my account in 3-5 business days.

Worth noting, around 19 July the same PS5 Pro came back in stock on Target's website, but this time at the full RRP of $1,398, roughly $100 more than what I'd paid. So it looks like they may not have been genuinely out of stock so much as unwilling to honour the $1,299 price once it went back on sale at a higher price. That's part of why I'm sceptical of anything they tell me at this point.

After the refund was agreed on 9 July, things started going in circles. On 14 July they contacted me saying there was a problem with my bank details, even though I'd already verified everything with them by phone on the 9th. I gave my details again and asked for written confirmation, which came back with a new timeframe of 5-7 business days. Still nothing. When I chased it up again this week, I was told the refund was actually sent on 13 July and would take 3-10 business days. I pointed out the obvious problem: if it was sent on the 13th, why was I asked to re-verify my bank details on the 14th? Their answer now is that the 13 July transfer failed, so they reinitiated it on the 14th, and I need to wait another 5-10 business days.

At no point have they been able to provide a remittance advice or any proof that a transfer has actually been made.

I've already lodged a complaint with Consumer Affairs Victoria. They looked into it and told me Target's conduct likely breaches several sections of the ACL (misleading conduct, false representations about availability, and accepting payment for goods they couldn't supply), but CAV's role is limited to conciliation, and they've said if Target keeps stalling, VCAT is the next step. I've sent Target multiple emails referencing this, including a final notice with a deadline, and they've continued to just push the timeline back each time.

At this point I have zero confidence Target will actually pay this back without further pressure, and every deadline they give me turns out to be another story.

A few questions:

  1. At what point does it make sense to actually file with VCAT, rather than keep giving them more days? Is there a minimum number of follow-ups or time period expected before VCAT will take a case seriously, or can I file now given the pattern of behaviour?

  2. Has anyone actually gone through VCAT for something like this? How long does it typically take from filing to an outcome, and is it worth the time/cost for an amount like this ($1,299)?

  3. Does the fact that the item reappeared at a higher price shortly after change anything legally, e.g. in terms of misleading conduct or bait pricing, or is that more of a moral point than a legal one?

  4. Should I be documenting anything specific going forward (e.g. call recordings, specific wording from staff) to strengthen a VCAT claim, given they still haven't provided any remittance advice? I already have all emails with their "refund time frame".

Appreciate any insight from people who've dealt with something similar, or anyone with direct experience taking a retailer to VCAT over a refund dispute.


r/AusLegal 17h ago

SA Am I being unreasonable for taking an executor to the Supreme Court after 4 years?

183 Upvotes

My grandparent passed away about 4 years ago and the estate still hasn’t been finalised.
The executor is my step aunt.

The main asset is a house that still hasn’t been sold despite years of updates saying it would be listed “soon”. Every six months it’s been a different ‘reason’ for the delay.

I’ve asked for an accounting of the estate and haven’t really gotten anywhere. There are also issues around jewellery that was specifically left to me and my sister (by name) in the will, my aunt told me she distributed it to various members of her own family and used the words “as promised” and “grandma was sneaky and promised it elsewhere” this happened before I obtained a copy of the will - which she was not forthcoming with (now I know why)

Before filing anything I wrote to the executor asking for an accounting and giving her an opportunity to respond. Her response was just nasty gaslighting re jewellery and more fictional dates of when the house will be listed

I’ve now filed an application in the Supreme Court of South Australia asking the Court mostly due to the delay (4 years since probate was granted) as I feel the estate warrants oversight.

My grandma also kept a large cash stash, which I have no doubts will be missing from her “inventory”

Taking a family member to court isn’t something I ever wanted to do.
From a legal point of view, does this sound like a reasonable step after four years? Or is this something people would generally be expected to just keep waiting on?

Thanks in advance


r/AusLegal 4h ago

VIC Ai photo of partner

27 Upvotes

Hi guys. I’ve recently had someone reach out to me with an ai photo of my partner claiming they cheated on me with a whole story of context. I easily figured out it was Ai and the info didn’t add up. The photo is of my partner sitting in another persons lap. There are no faces and the image doesn’t have sexual connotation to it, but the outfit is what my partner was wearing that night. The person who sent it doesn’t seem to have shared this with anyone and their primary goal seems to be getting me to break up with my partner. They now have said they’ve deleted the picture and haven’t/wont share it with anyone else. Can I take this to the cops for defamation and find out the identity of this person and get them into trouble?


r/AusLegal 19h ago

VIC JB-HIFI warranty for internal laptop break under ACL?

0 Upvotes

I bought a brand new Dell laptop from JB Hi-Fi just a couple of months ago. I have been using it normally, but last night when I unplugged my earphones, I think something happened? The outer metal/plastic casing of the laptop is completely fine with no dents or drop marks, but inside I can see a small golden piece/prong thats sticking out- I checked online, and this is supposed to be inside/flat in the port area, but I'm not sure HOW it was pushed out considering i handled it carefully, AND the earphones left no piece inside. I also did double check and it might be because of a thin inner plastic latch thats either snapped or loose, which is preventing the golden bit from staying down- I think >:)

I want to take it back to JB Hi-Fi but I am worried they will try to claim it's "user physical damage" when I treat this laptop REALLY carefully. Under Australian Consumer Law, is an internal component break like this covered as a lack of acceptable quality? What is the best way to approach the service counter so they send it for a free assessment?

P.S. My Dad bought me this, so I really do wanna keep it in tip-top condition. On the other hand. I really dont wanna ask him to go fix it/spend money on it- it's around 6months into use >:)


r/AusLegal 14h ago

WA Real estate agent emailing me re: a property but I never went to inspect nor shared my info

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3 Upvotes

r/AusLegal 2h ago

Off topic/Discussion Do practitioners of law use flow charts to help interpret the law

0 Upvotes

Hi all,

I’m an analyst in tech and enjoy listening to legal content - mostly criminal.

I’ve noticed that a lot of the applicable laws are written in a way that could be interpreted into a visual flow chart.

Is this a tool that’s used in teaching or practice?

ETA: I’m in NSW - I’m interested in all states and territories + federal laws


r/AusLegal 14h ago

VIC FDM group leave in 1st year Aus

0 Upvotes

Hey all, I’m about to start with FDM Group in Australia (Software Engineering stream) and I’m trying to get a realistic picture before I commit fully.

I know the contract has the whole “up to $15k Coaching Fee” clause if you leave before the 2-year mark, reducing at 12 and 18 months. I’ve read through it and understand the legal theory (liquidated damages vs penalty clause etc), but I’m curious if anyone here has actually lived it in Australia specifically.

A few questions if anyone’s willing to share:

Did you (or anyone you know) leave before the 1-2 year mark in AU?

Did they actually chase you for the fee, or did it get waived/negotiated/ignored?


r/AusLegal 55m ago

VIC Redundancy without performance review

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Upvotes

r/AusLegal 2h ago

VIC VCAT - Landlord claiming abandonment after I found replacement tenant and they signed a new lease?

0 Upvotes

Hi everyone,

I'm after some advice before my VCAT hearing on 28 July (telephone hearing).

My housemate and I needed to leave our fixed-term lease early, so we contacted our landlord and arranged what he repeatedly referred to as a lease assignment. We paid another month's rent as well as the administration fee, professionally cleaned the property, moved out, returned the keys, and I spent weeks conducting inspections and finding replacement tenants.

Eventually, the landlord approved a replacement tenant. He confirmed to me that she had signed a lease, and the replacement tenant also told me she had signed a new lease/new contract, not a transfer of ours.

A few days later, the landlord claimed the lease was "null and void" because the new tenant hadn't paid the bond and first rent within 24 hours. However, I have emails showing he continued communicating with her about payment several days later and didn't immediately tell her the agreement had been terminated. He also admitted in an email that he hadn't checked her references before approving her.

He's now applied to VCAT claiming:

  • we abandoned the property;
  • we owe another month's rent;
  • he should keep our bond.

I have emails, texts, invoices, receipts, key handover messages, and screenshots showing we were in constant communication, that he knew we'd moved out, that he asked us to turn the electricity back on after we'd left, and that I continued finding tenants on his behalf.

My question is about evidence.

The hearing is on 28 July, but my landlord hasn't uploaded any evidence yet. I have a fairly large evidence document (around 16 pages) ready to go, but I was waiting to see what he would upload first so I could respond to it.

Should I upload my evidence now anyway, or wait to see if he uploads anything before the hearing?

Has anyone been through something similar with VCAT?


r/AusLegal 15h ago

QLD Police Checks

0 Upvotes

This might be a silly question, but can anyone advise why my police check is taking so long?

Police check submitted by my new workplace on Monday at around 12pm. It was submitted alongside someone else’s, and theirs was received that afternoon. Mine is still processing.

I’d convinced myself that I had a secret criminal conviction that I didn’t know about and worked myself into such a state (thanks anxiety!) so I ended up submitting my own check to see what was going on. This was submitted on the same day, approx 8 hours later. That check also got flagged for manual review.

I received the results of the check I submitted the next day, at around 10am. All clear, which was what I expected. (I know submitting my own was silly, but sometimes when you’re having a bit of a nervous breakdown, you have to do what you have to do!!)

But my new workplace still hasn’t heard back and the clock is ticking to my commencement date. I know there’s not much I can do, but I would love to know if anyone else has been in this position and when their check was received. If it takes a full 15 business days, that will be 5 business days after I was supposed to commence.


r/AusLegal 16h ago

NSW Trust Accounts

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0 Upvotes

Have parents based the UK who’d like a trust account set up here in Australia for my two children so they can contribute to this regularly.

Any tips on how to proceed? No idea on trusts at all or where to start.


r/AusLegal 26m ago

SA Traffic expiation- electing to be prosecuted

Upvotes

I received an “overtaking on the left” fine for using the slow turnout lane to overtake someone.

I requested a review, providing evidence that this is a marked lane and that overtaking on the left in a marked lane is legal.

The review was denied because “the officer exercised his discretion properly”.

Anyone successfully elected to be prosecuted? Not keen on paying $500 because the cops investigated themselves and found they did nothing wrong, but also aren’t keen on something showing up on a record or having to pay even more if I lost.


r/AusLegal 18h ago

NSW Final Pay Laws

6 Upvotes

I resigned from my sales role (Commercial Sales Award, NSW) via email, giving one week’s written notice, and in the same email requested that my notice period be covered by my existing annual leave due to a family bereavement. My employer replied acknowledging my resignation and referred to it directly as my “annual leave request,” confirming HR would follow up on arrangements — with no objection or query raised at the time.

Weeks later, when I raised a separate payslip error (an incorrect hours split, I worked 30.4 not 22.4), my employer responded by applying a full one week’s wage deduction under the Commercial Sales Award for “not working the notice period” despite having accepted my annual leave request without objection at the time.

The deduction has been applied by directly offsetting it against my actual hours worked, resulting in a negative wage line for days I physically worked, and my total annual leave payout also appears to fall short of my correct accrued balance by several hundred dollars.

This doesn’t seem right to me, if the annual leave request isn’t declined in writing or even discussed, then haven’t I technically ‘worked’ the annual leave period and no deduction should apply? If not then my understanding is that you can’t deduct what didn’t happen e.g. only 30.4 can be deleted and not an extra 7.6

Have included the original payslip that I queried (was queried because 30.4 hours were worked) and then the updated payslip that was sent and the email email he used to justify

Email:

Thank you for bringing the discrepancy in your leave balance to our attention.
Following a review of your final pay, we identified that an adjustment was required. In accordance with the Commercial Sales Award, as the required one week's notice period was not worked, a deduction equivalent to one week's wages has been applied in lieu of notice.
Your final pay has now been recalculated and includes:
• Payment for four days worked (Monday 6 July to Thursday 9 July)
• Payment of all accrued annual leave owing
• A deduction equivalent to one week's wages in lieu of the required notice period
Please find your updated final payslip attached.
Your final payment will be processed and paid in full by close of business Friday.
If you have any further questions, please don't hesitate to get in touch.
Kind regards,


r/AusLegal 3h ago

VIC Plumber dodging calls

2 Upvotes

I contacted a plumber to do some work for a project. He came, we did a walkthrough, agreed on the scope of work&price (all in writing) and set a date for the work. Work was mostly completed that day. He came back a few days later to finish up what he could. Another tradie was coming in to do another part of the project so plumber said he would come back while that tradie was about to finish the last thing as their parts overlapped. Plumber never came. He answered one call to say he would be in the next day, I gave each tradie the others' number. Tradie tried to call plumber and got no answer. I told tradie to just finish up the project and I would arrange another way of finishing the plumbing stuff with the plumber. Plumber apologised and agreed to another date. No call, no show. I reached out again and he said he would try day X or y, I said let's do Y. No call, no show and now he has essentially ghosted me.

  1. Bulk of work done is paid for but one part remains decommissioned until the plumber recommissions it. There are also some parts in the plumbers possession, paid for but not installed.

  2. Plumber has not emailed me the certificates for the work despite repeated promises to do so. He was licensed and registered but has since closed that company to start a new one (which he told me about).

  3. Tradie pointed out some questionable things the plumber has done that are not the right way things should have been done. Plumber did show me those things after they were done and I naively said okay.

Questions...

1/ can I report him to the trades ombudsman even if he has changed companies?

2/ I do not have a strict contract with him but everything from scope of work to quotes and payments are all in writing. Is that enough?

3/ will I get money back for the lack of certificates, questionable work finishes and incomplete works?

4/ am I F'd?


r/AusLegal 58m ago

AUS Redundancy without performance review

Upvotes

After 6 years, my best friend [ever!] was made redundant (along with dozens more employees) and received a package per company calculation, which seems to be accurate. Her key day-to-day tasks were given to another person in the business.

After catching up with friends she realised that she was offered half the number of weeks others received and is really upset.

While chatting, she mentioned that in the prior year she had no (zero) performance reviews, and no meetings with her manager to discuss performance, strategic planning etc. Note that during the year she had 2 direct managers and neither had done so. On the other hand, the manager managers were providing various requests however, none was of a real planning or with a proper business thinking. Also in the previous 5 years she received positive feedback about her performance and was given annual bonus.

Finally, during the redundancy period the company advised that they would carry out a "consultation period/process", however she has no interaction whatsoever with HR or management.

Question - 1. can she go back and ask for additional pay? (I don't think so, but keen to hear your thoughts) 2. Can she approach the FWC because of lower number of weeks offered vs others? 3. Can she approach the FWC because of no management direction or performance review which may have helped her carry out different tasks and thus may not be made redundant?

  1. Anything else to consider?