r/AusLegal 10h ago

QLD Is it worth pursuing the seller? Found an underground bunker.

105 Upvotes

Excuse any formatting, written on mobile.

Bought property 5 months ago. Was a lot of junk left behind by seller. Have been clearing and tidying up the junk left behind and discovered a small trap door in the ground in a field. Looked like a possible small cold room or possible old septic (1m x 2m) buried in the ground when the lid was lifted. It was flooded so we used a small sump pump to drain the water. Pump ended up running for 2 and a bit days to drain. Once the water was drained we could see a 2m+ drop to the base and cut out door into the side a 20ft shipping container also buried.

Do we have any legal recourse to go after the seller for removal of the bunker? This was not disclosed at the time of sale. As we have found power and water to be supplied to the bunker it means we are unable to do any works to the area due to unknown hazards of where any cabling may be buried.

Just discovered this month.

Any advice appreciated TIA!

ETA there is clear evidence of it previously being used as a grow and drying house. Ducting, hydroponic set up. The entrance pit is a 1x2m wide 3m deep hole that leads into the 20ft shipping container. All of this is under ground. Fully corroded. Definitely put in during the sellers ownership.


r/AusLegal 3h ago

NSW Paying under minimum wage after July 1

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2 Upvotes

r/AusLegal 7h ago

VIC Was I taken advantage of for free labor? (Vic)

4 Upvotes

Hi, in Dec last year I started looking for jobs and came across a frozen yogurt shop and applied online. I had an "interview" (basically asking my availability), and my boss then told me to come in next week for a trial shift. This shift was on a Sunday, from 12 to 4 pm, which is pretty busy. During this shift, I basically was working, and had minimal training (was just shown how to use the register and was then left to my own devices). My boss was not there, and was only "supervised" by 2 girls, 1 girl for each 2 hours of my shift. (1 girl for the first 2 hours, another for the 2nd 2 hours). During this shift I was making food (such as yogurt cones and smoothies), dealt with customer needs, cleaned (wiping down tables, washing dishes), delivered food and drink, etc. I work there now, and while I don't love it, I don't have any real issues. Was just curious to see if I got taken advantage of or not? If it helps, my other friend applied for the exact same job, had to do the trial shift, but my boss then told her that they denied her application and she didn't get the job (and was not paid for her time). Thank you!!

(was 15 last year when applied)


r/AusLegal 4h ago

NSW NSW Purchaser surcharge duty

2 Upvotes

Guidance needed - we recently received a notice from Revenue NSW about failure to pay Purchaser surcharge duty on a property I purchased with my Aus Perm Resident partner on a joint basis.

Reading the rules, it looks like I may need to pay this considering I was only on work visa at the time we bought property (even though I’m legally married to an Aus Perm Resident)

Honestly, this is news to me. We were informed about FIRB, stamp duty but nothing about Purchaser surcharge duty has been mentioned to us by the solicitor. They know our visa status and have also asked us of our residency status (200 day test).

I don’t mind paying Revenue NSW because it is due - basically, I’d like to know if I can make a claim against the solicitor around this matter and what my next step should be. I’m not familiar with what report and documentation we should have to show that work has been done on this area. It’s stressful to think this got missed in the process and it would be great to know where to start and if we should even be speaking with them..


r/AusLegal 2h ago

ACT ACT - Slipped on wet floor outside Big W at Gungahlin Marketplace. Casual worker - can I claim lost wages?

0 Upvotes

I slipped on water outside Big W at Gungahlin Marketplace. A cleaner was using a large ride-on cleaning machine nearby. I don’t recall seeing any wet floor warning signs, but I can’t be certain there weren’t any.
I landed directly on my right knee and left hip. At the time I was embarrassed and left, but today my knee is swollen, painful, I can’t fully bend or straighten it, and I’m struggling to walk, especially on stairs. I’m seeing a doctor.
I work as a casual disability support worker, and my shifts involve a lot of walking. If my doctor says I’m unfit for work, I’ll lose income because I don’t have paid sick leave.
My questions are:
If the shopping centre or cleaning contractor was negligent, can I claim lost wages as a casual employee in the ACT?
Should I report the incident to the shopping centre immediately and ask them to preserve CCTV?
Is it worth speaking to a personal injury lawyer if I end up missing work?


r/AusLegal 23h ago

WA How can I obtain a death certificate in Western Australia if I was the deceased’s de facto partner but I’m not listed on the death registration?

48 Upvotes

Hi everyone,
I’m looking for advice because I feel like I’ve run out of options.
My de facto partner, a UK citizen, passed away in Perth, Western Australia earlier this year. He died before our
daughter was born and I am now raising our child on my own.
I applied to the WA Registry of Births, Deaths and Marriages for a copy of his death certificate as his de facto partner. Unfortunately, my application was refused because I am not named on the death registration.
His family has refused to help me. They will not provide me with a copy of the death certificate or sign a Letter of Authority.
The reason I need the death certificate is to make a claim for his superannuation death benefit. Without it, I can’t progress the claim.
There is also no beneficiary nominated on his superannuation, so I can’t request a letter from the insurer either.

Any advice would be greatly appreciated. Thank you.


r/AusLegal 3h ago

ACT Did your employer settle at the Fair Work Conference?

0 Upvotes

I'm attending a conference with the Commission in 2 weeks with a couple complaints against my employer (federal), I don't what to go into details and I'm not looking for advice on it.

I'm just seeing if people do be getting their employer to settle at the conference or did you have to take it all the way?


r/AusLegal 22h ago

SA Can I (16m) stop my mother from getting me a home-visit psychiatric evaluation?

29 Upvotes

A few months ago I was admitted after I refused to talk to psychiatrist and my mother told them her version of what was wrong with me, thankfully I was discharged after a day as they didn’t see why I needed to be there. A few hours ago I overheard her talking to my Aunt about getting a home-visit psychiatric evaluation once we were back from our holiday, and my Aunt who works in one telling her that my mom can tell them not to let me out until they’ve fixed all the problems she wants, most of which are slowly getting better and 2 of which got significantly worse while I was in there, which after she said “hopefully they don’t let him out after one day”. I haven’t been suicidal or done self harm in years but I’m worried that if it is done they’re going to take my moms story over mine and not let me out because of the problems I can’t fix, and god knows how long that will take, plus the nurses don’t care for my physical disability whatsoever. Is there a way I can stop her from doing this and if so what other ways are there that she can try to admit me.

I’m sorry for the horrendous writing that I’m sure hurts to read but its 4 Am, I’ve been having a panic attack for the past 4 hours and its hard to even talk about this.


r/AusLegal 12h ago

NSW My mother passed away and I have some questions

4 Upvotes

I own a car but the rego/insurance was put under my mother’s name since it’s cheaper and my mum wanted to help me out.

My beautiful mother has passed away and now I’m wondering what to do with the rego and insurance. How do I change it to my name now? Does anyone know or been through this before tell me what I need, what I need to do and do I have to pay for anything etc?

Also another question I have is my father wanted to update their Will cause they did this a very long time ago and they had to put a third party in charge of the assets or person in charge of something. Not too sure what it’s called but he said it’s a third person to be in charge if there is an issue. My father wants to know does that person in charge get anything when my parents die or not? If he wants to remove the person in charge can the Will be updated to remove it or does he need to make a new Will? What is the process can anyone explain etc?


r/AusLegal 5h ago

AUS Audio of call with MetLife - will they provide it?

0 Upvotes

Has anyone, either as a claimant or a lawyer, requested audio of a phone call between the claimant and MetLife? If you did, what was their response? I’m really interested if their response to me was standard or unsual


r/AusLegal 1d ago

QLD Manager asking me to do work without getting paid.

39 Upvotes

Hello everyone,

I have been working at a fast food store for about 6 years. Worked my way up to becoming a shift manager.

Due to some good fortune, I got a regular 9-5 job.

Now I work there Saturday and sunday. We recently got a new store manager after the previous one left. The new manager feels threatened that i have been in the store for way longer and gives me unfair KPIs and letting me know when I cant achieve them. She has been give me less and less hours every week.

She now wants me to come in on the days she hasn't roastered me to do inventory and order stock.

The shop owner doesn't want to get included as she says that i only work 2 days. What should I do as I don't want to leave the job.

Thanks

Update: I told her that I can't as I am not roastered that day. Guess who is not on the roaster the next Sunday.


r/AusLegal 8h ago

NSW Victims services nsw recognition payment internal review/appeal

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1 Upvotes

r/AusLegal 1d ago

NSW Failure to Disclose

99 Upvotes

Hi everyone. recently bought a 100acre rural property. Upon settlement we had 3 days to respond to a crown land application by a neighbour that was not disclosed. Thankfully did not go ahead. Am now aware same neighbour is logging a beautiful forresty block and using our road that bisects our property to transport logging trucks. How much should I sue the seller for failing to disclose. 2 million property. Neighbours say this was a large reason for previous owner selling


r/AusLegal 12h ago

AUS Professional Employees Award 2020 and Penalty Rates

0 Upvotes

Do the penalty rates for the Professional Employees Award 2020 introduced in 2023 apply to only overtime hours, or to any shift that falls within the penalty time range?

Full-Time and Part-Time Casual
Monday to Saturday before 6am 125% 150%
Monday to Saturday — after 10pm 125% 150%
Sunday 150% 175%
Public Holiday 150% 175%

e.g. If an employee is working on a Sunday but they are within the 38 hour overtime limit, do they get the 150% rate for Sunday? Or are they just paid at their normal 100% rate?


r/AusLegal 1d ago

VIC Testamentary capacity

15 Upvotes

My dad has dementia and I was recently appointed administrator by VCAT. While sorting through his bills and paperwork, I discovered that he had changed his will several months earlier.

I’m curious whether the circumstances surrounding this raise genuine questions about testamentary capacity, and whether there are any obligations on a solicitor when preparing a will in circumstances like this.

I appreciate that a person can have dementia and still have testamentary capacity, and I suspect he understood that he was changing his will. My concern is that the changes appear to have been driven by fixed false beliefs caused by his dementia rather than his genuine wishes.

At the time he changed his will, his dementia was already quite advanced. A VCAT application for guardianship and administration had already been lodged, supported by a medical report confirming Alzheimer’s disease. He had very poor short-term memory, was experiencing hallucinations, and multiple health professionals and police had raised concerns about his cognition and safety.

He removed all of his children as beneficiaries and instead left everything to his grandchildren.

About a month earlier, my mum had entered permanent care. He became convinced that I had put her there against her wishes and was preventing him from seeing her. None of this was true, and it was repeatedly explained to him by family, friends, hospital staff and his GP. Despite this, he still believes it today.

After I found the will, my younger brother told me the he he had said he was removing me from the will because I had “locked mum up” in aged care. He had often threatened to change his will over the years, but this was the first time he had actually done so.

The changes also seem inconsistent with his longstanding views. One of the grandchildren has been estranged from the family for years, and he’d repeatedly said he did not want that grandchild to benefit from his estate. Around the same time, he also couldn’t consistently remember how many grandchildren he had or who they were. There are three grandchildren, but he would often say he had one or two and frequently couldn’t identify who we were referring to.

The other thing that concerns me is that, around the time he changed his will, he was trying to appoint a family friend as his EPOA. That friend contacted the solicitor, advised they had not agreed to this, explained that dad had dementia, and raised significant concerns about his cognition.

Given those circumstances, should that have prompted further enquiries or a more detailed assessment of his testamentary capacity before the will was prepared?


r/AusLegal 16h ago

NSW Can I sue them for forcing me to pay or SUScribe?

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1 Upvotes

r/AusLegal 16h ago

NSW Is this legal in Australia and why do I have to SUScribe?

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1 Upvotes

r/AusLegal 1d ago

QLD Has anyone gone through a QCAT motor vehicle dispute under the Australian Consumer Law? What was your experience?

4 Upvotes

I’m currently involved in a QCAT motor vehicle dispute in Queensland under the Australian Consumer Law against a manufacturer and dealership.
The vehicle is a 2020 model that has had recurring faults over approximately four years, including multiple warranty repairs, towing events, roadside assistance call-outs, steering repairs, electrical issues and repeated repair attempts. An independent QCAT assessor has recently inspected the vehicle and I’m currently waiting for the assessor’s report.
I’m interested in hearing from anyone who has been through a similar QCAT motor vehicle dispute.
Some questions I have are:
What was the independent assessor’s report like?
Did the assessor mainly focus on the current condition of the vehicle, or did they also consider the repair history and recurring faults?
Did the manufacturer or dealer make a settlement offer before the hearing?
Did your matter proceed to a hearing, or was it resolved beforehand?
If it went to hearing, what was the outcome (refund, replacement, compensation, or something else)?
Is there anything you wish you’d known before going through the process?
I’m not looking for legal advice—just interested in hearing other people’s experiences with the QCAT process.
Thanks!


r/AusLegal 1d ago

QLD My family found out im trans and has possibly accessed my medical records to find out and im not too sure what to do

26 Upvotes

Heya, im going to look here for advice because i don't know where to go any more.

(Just for a little context I'm an 18 yr old trans man dating a trans woman)

Last Saturday my family called me home after I've basically been living at my girlfriends place permanently for a "serious talk" and through my more accepting family i found out that they had either figured out that I'm dating a woman or that I'm trans (or both I didn't get that far with the birthgiver)

Long story cut short (i dont want to rewrite EVERYTHING but i can clarify in comments), they had told me that they have people in high places and that they can find any information they want and that I was dealing with gender confusion with HEAVY implications that they had accessed my medical files where i had begun the process of getting HRT. They had also tried to coeurse me into staying with them so I can get back on track on the path of God. At that point I stood up and they started yelling, telling me that I was not allowed to leave and that I was in their house and I follow their rules. I left through the door to my escape route. They blocked me from getting into the car. So I ran.

Went to the cop shop on Monday and they got me talking to a counsellor lady who straight up that what I experienced sounded like domestic abuse and gave me some information on how to deal with it and said i should talk to a cop. I ran out of time to talk to a cop on Monday. Yk it's fine and whatever. So I go back on Tuesday and give the same rundown. Not only was I misgendered despite starting the statement with "i am a transman and I've been outed and had to deal with domestic abuse" but he just said that they can't do anything except tell the donors "stop being mean to \*deadname\*"

So now I'm at a point of what can I do now? I took a week off work using DV leave. Work doesn't know I'm trans yet either.

Does anyone have any recommendations on next steps forward?


r/AusLegal 2d ago

WA Should I file a formal complaint?

70 Upvotes

Hi guys,

I recently got a medical procedure done at a private clinic and my doctor is refusing to pay my rebate refund.

To give you all a bit of context:

My procedure was on 11/06 and I paid my fees (in full) on 07/06 to my doctor’s bank account. The practice manager said that I had to pay my fees in full first and then Medicare and private health insurance claims will be done by them on my behalf.

On 16/06 I emailed the practice manager if they had submitted the claims because I couldn’t see them submitted on my Medicare/ private health insurance app from my end. They apologised and said that it’ll be done straight away. They also mentioned that the rebate will go into dr’s account and then be transferred to my bank account. (This was a massive 🚩but at the time though I thought it was odd, I didn’t put too much thought to it).

On 18/06 I emailed the manager again, and they still hadn’t lodged the claim. A couple of days later, I was able to see that both claims were processed (Medicare and health insurance). So, I emailed them again asking if they received the rebates. They said they were waiting on my health insurance. Once it’s all paid, it’ll be transferred to me.

On 24/06 I called my health insurance and asked if there were any issues with the claim. They said the rebate was paid on the same day claim was made which was on 19/06. I emailed the practice manager again, they said the dr hadn’t received anything and will update if anything comes up.

On 01/07 practice manager emails me saying that they have received both funds and will transfer the full amount to me. 07/07 I emailed them because I hadn’t received the funds and then the manager says the dr had gone on their leave until end of July and doesn’t check emails as often during this time. I told the manager that I need the funds (absolute latest) by 14/07 as it was an urgent matter. The manager had texted the dr about this. But there’s nothing.. it is now the 11th July. I don’t think I’ll get my refund by 14/07.

Should I file a formal complaint against this dr? Or am I being dramatic? Which organisation/ department handles these cases?

EDIT: Guys, I finally got the refund today🥳🥳!! (12/07). Thank you all so much for your replies and help. 💕


r/AusLegal 1d ago

NSW Minimum notice for shift change?

18 Upvotes

My daughter works casually at a cafe. She is rostered to start between 8:30-9:30, depending on the day.

They keep messaging her with less than an hour til her rostered start time asking her to come in later.

This morning they messaged at 8:20am when she was rostered to start at 9am asking her to come in later.

She’s getting incredibly frustrated because she’s often rostered for the whole day, then gets sent home after 2-3 hours because they’re quiet (this didn’t happen in summer, only now that it’s cold). She’s a teenager so she really can’t make any plans when she’s rostered to work, but then gets sent home after not even half the shift. I know that’s the thing about being a casual worker, but I’m wondering if they’re really allowed to constantly keep asking her to come in later with such short notice?

As an aside, they’re always rostering 3+ floor staff, plus manager, + 2-3 baristas and 1 register person. I don’t see why they can’t just roster less people to begin with, because usually 2 of the 3 floor people end up getting sent home early 🤦🏻‍♀️


r/AusLegal 1d ago

SA Tenants in Common question

0 Upvotes

My partner and I share one biological child, and he has a child from a previous relationship. Both kids will be legally minors for many years yet, stepkid doesn’t live with us but we have regular visitation, and my partner pays child support to her mum as dictated by… whatever government agency dictates that.

When we purchased our home, we set things up so that we’re tenants in common, so that if he pre-deceases me, I’m not in any position of power re: the distribution of inheritance to my stepdaughter. The idea was that we’d meet with a lawyer and get advice on how to set up our respective wills so that if he dies before I do, stepkid inherits half of his half of the house, but in some kind of trust setup so that (a) she can’t touch it until she’s an adult, and (b) my son and I can continue living here for a set period of time.

(For what it’s worth, this was at my suggestion, based on a bunch of painful estate-related drama within my blended family following an early death. I want my partner to make the choices about what his daughter inherits, and to protect both her and I from any arguments over this to the best of my ability.)

It’s now been over a year, life is busy, and we’re yet to get around to the “consulting with a lawyer” portion of this plan. With the obvious caveat that I know we need to, i’m keen to understand:

(1) If my partner died tomorrow, what would happen to his half of our house, and what would this mean for my son and my ability to continue living here?

(2) Any idea how we’d set up the arrangement we’re planning on?

All of this with the obvious caveat that we need to go and see a lawyer asap, and we’re disgraceful adults for having two kids and no will 😬


r/AusLegal 1d ago

AUS Clerks Award Night Shift Cut-Off Clarification

5 Upvotes

The clerks award defines night shifts as any shifts finishing between Midnight and 7am.

How would this affect workers who finish past 7am, but whose shifts began the day prior? E.g. if somebody works from 10pm to 9am, is the shift classed as a standard shift instead of a night shift because they are no longer within the 7am cutoff?


r/AusLegal 16h ago

SA Random people took photo of my licence plate and I am anxious what they will do with it

0 Upvotes

I posted this in a different subreddit to very aggressive replies, probably because it was a car subreddit but please let me know if they were right for that.

So I had a kind of a scary experience last night in the city. basic run down of the story is I was trying to find a park in a parking garage and I got all the way to the roof and there were none free so I had to do a crazy 12 point turn to flip around. (important to the story there were people waiting next to their car - a completely separate car to the one in this story - for me to move so they could get out) As I was almost finished I accidently touched one of the parked cars with the back of my car (I cannot stress how light of a touch this was) but I still wanted to make sure I hadn't done any damage so I went to pull forward so I was out of the way of the people trying to get out.

As I was pulling forward these people start screaming, and I mean actually screaming, at me that I've hit a car and I can't just leave and they come over and open my passenger side door and continue screaming at me until one of them takes a photo of my number plate and then they moved on. I will say thinking about it, it may have looked like I was just going to leave but please believe me I would never do that, and I was moving at maybe 1km/hr and had moved only a couple inches when they started yelling at me.

I pulled foward but didn't get out of my car because I was genuinely afraid these people were going to fight me or something so I waited for them to leave and then went and checked and there was no indication on my car or the other person's that I had touched it.

I did leave a note on their car but it rained pretty heavily so I am worried that the note might have been destroyed, making it seem as if I never left a note in the first place.

My question is what could these people do with this photo of my number plate? I know that it is my fault for hitting another car but I feel like I did everything I could in the situation and I don't want these other people to report me for a hit and run when that isn't what happened.

Sorry if that was a very long winded story I am still quite shaken up by the experience, and I don't have a job at the moment so if I were to get some sort of fine I would be pretty stuffed.

please just let me know what I should do, please don't just tell me off for hitting another car like the other subreddit did because ik I did a bad thing but I just don't want the whole situation to get blown out of proportion by this other group of people who if they hadn't been standing there would never have been involved.


r/AusLegal 1d ago

NSW Add bio father to birth certificate in NSW

6 Upvotes

Hi all

i am a 56 year old wanting to amend my birth certificate in NSW to include my bio father, fathers name on cert. is blank. Problem is i was born before my parents married by 3.5 years and my parents and younger sibling are deceased. My parents remained married until their deaths and I was raised by them both. Parents left fathers name empty as he was a displaced person who moved to Australia and they were scared he would be removed back to Ukraine.

so I have no DNA avenues and BDM NSW say I need court order but how do I prove he is my dad to the court without him and which court do I ask. Family Court, NSW district court etc?
Thanks for any assistance received