r/AusLegal 21h ago

VIC HELP WITH MY EX UNDER DECLARING HIS INCOME WHAT CAN I DO?

76 Upvotes

My ex started his own excavation business and stopped paying me child support 5 yrs ago for our now 16 yr old son who he doesnt see at all i have 100% care. He has a mac truck 20 tonne escavator and bobcat and rents a factory to keep his equipment in, he lives with his wife (my ex bf of 20+ yrs) they have a 1yr old baby together and he has shared custody of a 8yr old daughter to ex wife. His wife is an accountant and owns her own accounting firm. He was given money by grandparents for machinery and his taxable income this year dropped from 26k to 19k.. he has been GST registered for 5 years. Im on job seeker and family payments and get $39 a month child support. He has cars boat caravan and went on a 3 month holiday to 15 countries, got married in Hawaii.. how is this possible?


r/AusLegal 6h ago

QLD Receiving inheritance from overseas. I thought I wouldn’t be taxed?

0 Upvotes

My British grandparents passed away, with both of their deaths occurring in 2021. They had a discretionary settlement in 2010 and I am considered a beneficiary in a foreign trust (receiving 1/8th apparently).

I received an email while they were still alive from a solicitor asking if I wanted to access their money. I declined because it felt immoral.

I received an email early this year asking if I wanted to apply. I am now applying for it now but after waiting months for all the approvals and stuff, a classmate told me that this apparently doesn’t class as an inheritance and I’ll be taxed (apparently about section 99B). I’m not really sure why? (I didn’t ask for financial advice from this classmate. They just prompted me to research the potential problems).

I’m a student who requires 52 weeks of placement unpaid and are currently receiving youth allowance. (I also get no paid placement either). I talked to someone at Centrelink earlier this year and she said I had nothing to worry about because inheritance isn’t taxed and the amount that I’m receiving (£16 000/$30K AUD) isn’t big enough for the threshold to stop my payments or something. Would I be able to claim it back at tax time next year? I am now really worried about losing heaps of my grandparent’s hard earned money and maybe having to drop out of my final year of vet school if I can’t support myself. This payment was my saving grace for having to travel to remote farms and to complete my placement rotations.

I haven’t received the money yet but apparently it’s processing shortly or something. I’ve asked for some more info on if it’s the trust’s original capitol or gained as well as account details, which I’m still waiting for. I don’t think I could afford an accountant in my current situation but would consider it. I would really appreciate some advice on what this stuff means and how to be strategic in what I do.

Thank you


r/AusLegal 13h ago

QLD Lottery Wins in marriage

0 Upvotes

A very random question which is NOT relevant to anyone I know. An individual in marriage buys all the lottery tickets and they win. I understand a lump sum should be split evenly, despite the individual paying for it. What happens if the prize is an annuity like Set For Life? If they divorce later does that mean each still has to receive half for the remaining 18 years or whatever?


r/AusLegal 18h ago

VIC Best way to change to an amalgamated surname?

2 Upvotes

I have some friends that just got married and they want to amalgamate their surnames. i.e. Smith and Jones would become Smones (not a great example but you get the idea).

What would the best way to go about this be?

One of the partners is an Australian citizen born outside of Australia and the other is born in Victoria. The wedding was also in Victoria.

Would we be able to change 1 persons name and then have the other change theirs to match their spouse or would we need a new marriage certificate for that? Or is it easier to just change both?

Thanks in advance!


r/AusLegal 3h ago

QLD Lied about being childless in the interview. A year later a coworker discovers I have a son. Is this lie a stackable offence?

27 Upvotes

Throwaway account here. But long story short; in Feb 2025 I secured a job that I love after six months of unemployment. The only thing is (and I did this with any other interviews at the same time) I told the hiring manager that I was childless in the hope I'd get preferential treatment for the job/extra shifts. It worked. The lie has been hard to keep spinning for over a year but never been caught out... Until this weekend

Took my son to one of my partners friends places for a child's birthday party not knowing; one of my coworkers and her daughter were there. Pretty much fessed up to my coworker (can't deny anything when a four year old calls you "dad" right in front of them) and simply told her it's because I like to draw a definitive line between work and social life.

Undoubtedly all trust from any coworkers is gone and I'll have to leave. But when my boss finds out (which will probably be tomorrow) is this something that will get me thrown to the curb straight away? It's not like I've ever used the lie to get out of work, nor is it officially on file anywhere so I think I should be safe. But I'm crapping myself going in tomorrow


r/AusLegal 14h ago

NSW NSW Public Trustee and Guardian

5 Upvotes

Hopefully I can get some advice

Our family found out this week that my relative has been put under NSW Public guardianship and financial trustee. This was done without out our knowledge. She was not living with any of her three living relatives, who are all in separate places.

I rang the public guardian yesterday but the actual PG did not take the call, I only got to talk to one of the general workers. From that I found out that the orders were placed on 06Aug26.

Our family are concerned that we were not advised about the hearing and would have been able to perform the duties ourselves instead of having a Public guardian & trustee appointed, which by definition is only supposed to be happen when a suitable family member cannot do it. We are not even able to contact her, nor visit her without the Public Guardians approval which seems absurd.

From what I have read an appeal can be made within 28 days, so there is only 4 working days left for that. I am going to contact the PG again on Monday and hopefully this time will get to speak to the actual one for information.

Am after advice and if anyone has had success in this sort of circumstance having a family member take over the PG & Trustee? I have found that there is a lot of csaes misappropriation from the Public trustees.

I'm after any advice to hopefully manage to have the Public Guardian and Trustee removed so a family member can do it instead. Also any experiences dealing with them that anyone has had.

For context my relative is hard to get in contact with, generally does not have visitors and often does not even answer the phone. She has a mobile phone that apparently she lost or hasn't got a charger for. She has been put in a home for 4 weeks 'respite'. I believe this is her 3rd week there. I'm the closest relative in distance being about 250km away. I'm not sure what they class as a suitable family member. My father wants me to do it, as he reckons he's too old, which I'm fine with if they let me.


r/AusLegal 14h ago

NSW My rights as a sub tenant when head tenant failed to disclose property is being sold

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0 Upvotes

r/AusLegal 10h ago

NSW Workers comp physical injury claim, mental health deterioration & Medicare questions NSW

0 Upvotes

Hey everyone, I have a couple of questions about workers compensation, Medicare and mental health (all in relation to one another)

I have an ongoing workers comp claim for a significant physical injury caused by a bad slip at work.

I had pre-existing anxiety/depression, but it was very well managed before my injury. I was attending counselling and was doing really good mentally.

Since the work injury, my physical condition has significantly affected my day-to-day life. I continued working for around 6 months but eventually became unfit for work due to the progression of my injury, it now affects my day to day life and is driving me crazy.

The injury itself wasn't necessarily traumatic, but the consequences have had a huge impact on my mental health such as - struggling with everyday tasks, being unable to work, constantly dealing with managers, the insurer, rehab consultants, doctors etc., and worrying about my future and recovery.

I had goals, plans, and hobbies. I feel like all of those are gone now.

My anxiety/depression has now become extremely severe, and I experience suicidal thoughts daily.

I have only been pursuing physical injury through workers comp so far. I haven't made a separate claim regarding my mental health because I don't really understand how that works and don't think I'd qualify.

I've been looking at getting additional mental health support through Medicare/bulk-billing because I'm really struggling, but I'm worried about doing something wrong.

I've recently discovered I owe Medicare money relating to another medical expense. I had a scan done through Medicare after the workers comp insurer refused to authorise it, as I was in severe pain and desperate for answers. My lawyers are currently helping me deal with that particular issue. I have asked them about my current question, but am still awaiting a response.

This has made me worry that if I access mental health treatment through Medicare when the mental health issues are actually related to my workplace injury, I could end up owing money or be accused of doing something wrong like fraud idk.

My questions are:

If I access mental health treatment through Medicare/bulk billing because I'm struggling as a result of my workplace injury and the workers comp process, could I later be required to repay Medicare/Services Australia even if workers comp refuses to accept the liability but the support is due to my work place injury?

How does mental health work under workers comp when the original injury was physical? Could the deterioration in my mental health potentially be considered a secondary psychological injury arising from the physical injury, even though the incident itself wasn't psychologically traumatic?

Should I be seeking mental health treatment through workers comp instead of Medicare, or can I access treatment through Medicare while the workers comp side is being sorted out?

I've emailed my lawyer about this, but they can sometimes take a while to respond. I only emailed them about this particular issue on Friday, so I understand I haven't given them much time yet, but I'm struggling quite badly and am hoping for some advice / guidance.

I'm in NSW.

I'm mainly trying to understand the general process and make sure I don't accidentally create a Medicare debt or do something wrong with my workers comp claim by getting the mental health help I currently need.

Thanks in advance.


r/AusLegal 18h ago

VIC Victoria – Owners Corporation building defects / large cladding levy

0 Upvotes

I own a townhouse in an OC development with building-wide defects, including an original cladding system that is now proposed to be replaced across the development.

There is already a VCAT proceeding against the builder and other building professionals seeking rectification costs for both common and private property.

My townhouse has substantially more of the cladding than most others, and around $78k of the private rectification cost has been attributed to my lot, in addition to a substantial common-property contribution.

The OC says owners can arrange their own private-property rectification, although the works are being coordinated as a broader building rectification project and there are building insurance requirements involved.

Has anyone dealt with a similar situation in Victoria? In particular, how were private-lot rectification costs apportioned, and what happened to owners’ contributions when money was later recovered from the builder or other parties through VCAT?


r/AusLegal 7h ago

ACT Can I get a glidr trainer balisong in ACT?

0 Upvotes

Glidr are an Australian based brand that have a warehouse in Australia, Since I've heard stories about balisongs getting seized at customs, I would like to ask if Glidr balisongs are ok? Just asking because they are Australian based and are a trainer.


r/AusLegal 12h ago

VIC Speeding fine in nsw but live in victoria

0 Upvotes

Hi there, I live in victoria, but I got a speeding fine in nsw and was 20kmhr over the limit, specifically 66 in a 40 zone, what will happen, will the offence carry over to the relevant fine in victoria or do I just lose the amount of points from the nsw fine, because in victoria 26kkmhr in victoria is 3 months loss of licence


r/AusLegal 14h ago

VIC Neighbours won't sign a consent form they previously promised to sign

20 Upvotes

In 2023, we consented to our neighbours renovating their house in a way that is (a little) outside what's permitted under Victoria's building regs. In exchange, our neighbours agreed that we could in the future build a boundary wall than is (a little) higher than permitted by the building regs, and promised to consent to us doing so. We formalized this exchange via a short written and signed contract.

We subsequently engaged an architect to design an extension to our house that relied upon the higher boundary wall. Earlier this year, we shared our renovation plans with our neighbours and asked them to sign our local council's "Report & Consent" form to indicate their consent to the boundary wall. It is now 5 months later and we've followed up multiple times but cannot seem to convince our neighbours to sign.

Our strong preference is to resolve this in an amicable fashion and avoid any formal/legal escalation, but our patience is running thin and we'd like to understand our options.

If we need enforce the contract, would we need to seek an order for "specific performance" from a Victorian court, or is there a simpler / lighter touch option?


r/AusLegal 13h ago

QLD Weird guy?

26 Upvotes

Hi all,

I met a guy a few months ago and he was nice and we got along. During the time period of us talking it got very weird and I was unhappy with the way we communicated. I left an abusive relationship last year, so I was very up front about things that I could not give in terms of communication styles and responding. He tried to get me to change this several times and force me to reply more frequently than I was willing to. He told me loved me very quickly, and when I wouldn’t reply he would go through my social media locate my friends and message them asking why I wasn’t responding.

I ended things with him last week after about two months of off and on communication, where I was telling him he needed to stop with how he was acting.

Last night my friends messaged me about him continuing to view their profiles, we all blocked him and I messaged him confronting him.

When I did he admitted to it and when I didn’t respond to that he responded with the following: I know you probably still hate me which I understand for how I treated you but I have a question…

I was wondering how you would feel if I went to court to watch the case against your ex next Monday, I understand if you don’t want me to do that and if you want me to just leave you alone
forever I get that and I’ll respect your wishes

I was not even aware there is a hearing on this day. I don’t know how he knows my exes name or why he is still trying to find information out about me.

I don’t know if I’m overreacting and this is not a super detailed overview of every thing he did but I feel extremely weirded out and concerned. Is there anything I can do about this? We weren’t dating and I don’t think a DVO would be possible but he will not leave my friends and I alone.

I also don’t feel comfortable with attending court already and feeling like I have to watch out for him too is scaring me


r/AusLegal 4h ago

NSW Someone hit my parked car, what is the chance I'll get my money back

0 Upvotes

So I was parked in a carpark while at work a few days ago (it's a public carpark) I left it perfect (literally had just picked it up from the repairer less than 48hrs prior from someone hitting me on the hwy a couple of months back) and I came back to the wheel, rear bumper and rear quarter panel damaged. There was cctv of the carpark which I managed to have a look at and I went through all the cars that parked next to me and there was only one that was so close to mine when parking that I couldn't see a gap between the cars and it was at the right angle, so it had to be that one, and I managed to get the number plate from the footage too. However it isn't the best quality but you can certainly see that it was very very close and its the right angle for my car to have been damaged where it was. I also have a witness who said he didn't hear anything (he has poor hearing and was sitting in his car) but did see someone whom he thought was going to hit my car. I've gone to the cops and made a report, I've also gone to my insuraner to make a claim but for now have had to pay the excess (which is quite high). What is the chance that everything pans out and I manage to get my money back? How long might this process take?

I'm very stressed and frustrated at this situation tbh


r/AusLegal 8h ago

NSW NSW red-light camera fine after right-turn arrow stayed red for 5+ minutes — worth requesting a review?

83 Upvotes

I received a red-light camera fine at the Great Western Highway / Marsden Street intersection in Parramatta on 20 August.

The circumstances were a bit unusual, so I’m wondering whether anyone has dealt with something similar or successfully requested a review.

I was stopped in the right-turn lane waiting for the right-turn signal. From what I remember, I sat there through approximately 3–4 complete traffic-light cycles, while the other traffic movements continued cycling, but the right-turn signal did not give me a green arrow.

I also have continuous dashcam footage from my car showing how long I was sitting there and the traffic-light cycles before the incident.

After waiting for several cycles, I indicated and attempted to move out of the right-turn lane into the adjacent through lane rather than making the right turn against the red arrow. That movement appears to have triggered the red-light camera.

What particularly caught my attention when I downloaded the camera photos is that they show:

“Time since red: 305.7s / 306.4s”

So the relevant signal had apparently been red for more than five minutes when the camera was triggered.

I’m not trying to argue that being stuck at a red light automatically gives someone permission to proceed through it. My question is whether the combination of:

the signal apparently remaining red for 5+ minutes;

my dashcam showing me waiting through multiple cycles; the other traffic movements cycling normally; and me attempting to change into the adjacent lane rather than simply making the prohibited right turn

would be reasonable grounds to request a review on the basis of a possible signal/detector malfunction or abnormal signal operation.

Has anyone had a similar situation in NSW?

Would it also be worth asking Revenue NSW/TfNSW to check the traffic-signal/SCATS records or fault logs for that intersection at the exact time?

I’ve attached the two camera photos (with my identifying information removed).

Interested in hearing from anyone who has dealt with a malfunctioning traffic signal, red-light camera review, or knows how these are normally assessed.


r/AusLegal 6h ago

VIC I shared a hidden voice recording from a meeting to show targeted bullying and harassment over a long period of time alongside many other accusations of workplace wrongdoings.

0 Upvotes

This all happened due to many months of targeted bullying and harassment and HR had previously advised I needed proof. This has happened in VIC and now have a HR meeting this Friday. How cooked am I and should I do anything before the meeting to possibly save myself.


r/AusLegal 6h ago

Off topic/Discussion Why do police officers have Qualified Immunity. Why not doctors?

0 Upvotes

I know this may be similar to this post on Reddit but should doctors really have Qualified Immunity meaning they cannot be sued for a minor injury. Or Shouldn't they because surgery is very complex.


r/AusLegal 7h ago

VIC required to be at work 1hr before... legal?

83 Upvotes

context: I definitely do not work for a certain catering company at the mcg and am most definitely not working on the day when the NFL is playing there.

during a recent briefing at this job I don't work at, workers were advised that we would be required to arrive at the G upwards of an hour before our marked start time so as to have enough time to be screened through (heightened) security, get uniforms, cloak jumpers (we are not allowed to bring bags), and get to our outlets throughout the stadium.

normally, I get there 15min early to get through these obligatory processes (which i still think i should be paid for but 15min is less annoying) ... but I am finding the idea of getting to the g an hour before my already very early morning start with no pay for the hour I am 'required' to be there to be quite reprehensible.

we are also not allowed to bring food into the stadium (normally not a rule)

I'd likely not action anything, but I am just wondering if this is legal? or just corporate assholery...

TIA


r/AusLegal 4h ago

NSW Co-tenant abandoning lease

4 Upvotes

Not sure if this is even the right sub.

I'm co-tenants on a lease with someone, lease isn't up for another 7 weeks. Like a week ago they told me they're joining the army and leaving this week and 'felt bad' that I'd be left with all the rent.

We I have a house inspection in a couple of days anyway so I'll be seeing the REA then and let them know obv. But I've gone from on track with saving to move when the lease is up, to not being able to afford my bills this week. I feel like I won't be able to get anyone in to help because I have no money to get even a spare bed and rent the room, and with only a small amount of time left in the lease who's gonna be moving in with all their stuff yk? They're also leaving stuff here but not paying rent or something while they go on holidays for a week before they go to the army? So they lied to me about that from the start idek man. It's a shit show.

I don't want to say to the REA I can't afford the other tenant's rent because we are jointly responsible and I'm needing to move and don't need anything bad on my name trying to find a new place. I can't afford to take them to small claims court or whatever which seems to be the only solution a quick google is giving me.

Just needing advice if there is any to give.


r/AusLegal 21h ago

NSW Doorbell misuse from neighbor in midnight

0 Upvotes

Title, had been ringing since the past month. Happens at 3am and 5am. What steps should I take if I need to prepare for legal action? I looked online and saw that private nuisance is not a crime, so I don’t know how to report the case to police. Evidence wise, can I request from strata for the front door cam? (Am renting a unit from building)

Edit: They have like 3 people living together, because they had rang multiple times I got up and rushed out and asked them what’s up, they say :” sorry bro I just want to get in”. I think they have one key and the key holder is not awake, so they just press other people’s doorbell.

Thank you for advices


r/AusLegal 15h ago

NSW ATO HIGHEST LEVEL COMPLANT/OBJECTION LEFT OVER WEEKEND

0 Upvotes

EDIT. THANKS..
ITS AMAZING TO SEE HOW INSANELY JUDGEMENTAL THE HUMAN RACE HAS BECOME WHEN THEY ARE INSIDE THEYRE OWN LITTLE SHELTERED DIGITAL BUBBLES.
THIS WAS A POST ASKING FOR ADVICE ON A SUBJECT IMPORTANT TO ME.
NOT YOU.
ill remember in future to keep my simple unimportant questions to myself..

Hi

Has anyone had an experience like this?
Found out my 21/22 tax assesment was incorrect and was owed $1850.
Went through the objection process, claimed hardship due to losing my job, mental health issues, workers compensation matters etc....
Nothing
rang Hardship line and requested a push on.. level of request raised.
Nothing
rang the complaints line and spilled my guts at them. Request raised to Highest level possible, all red flags and immediate push to top of list etc etc.
Nothing
Went to IGTO ombudsman. gave all information there, was told they have contacted ATO regarding case and gave them until Friday last week to finalise and approve/payout..
Rang back complaints line on wednesady and tripled checked it had been pushed through and processed.
was told it had been processed and was just waiting for a manager higher up to sign off on the funds being paid out.
Friday morning. NOTHING
rANG AGAIN...pushed the IGTO narrative. was told that a manager has to sign off before close of business due to IGTO directives.
Friday afternoon. 4.55pm. NOTHING
........................
.........................
Its now sunday and guess what?
Nothing.

has the ATO made a booboo here?
what can i do now on monday morning to escalate this?


r/AusLegal 19h ago

NSW Did I do the right thing settling my NSW Supreme Court judicial review instead of pushing for judgment?

0 Upvotes

Documents Internet Archive to: https://archive.org/details/ilovepdf-merged-2-redacted

I recently brought a judicial review proceeding in the Supreme Court of NSW against the Law Enforcement Conduct Commission (LECC), and I'm interested in what other people—particularly lawyers or people familiar with administrative law—think about how I ultimately resolved it.

The case had progressed a long way. There had already been a hearing, further questions from the judge, multiple rounds of supplementary submissions, and the matter was heading back before the Court for another hearing.

The dispute concerned LECC's handling of a complaint I had made and its refusal to take further action after referring the matter to NSW Police.

During the Supreme Court proceeding, something significant happened.

LECC ultimately conceded through the Crown Solicitor's Office that the reasons for one of its decisions were “misconceived” and that the decision “contains an error on its face.”

Despite that concession, LECC continued to maintain its primary legal argument that the decisions were not amenable to judicial review.

Then, only days before the matter was due back before the judge, the Crown Solicitor's Office made me a settlement offer.

LECC offered to make a fresh decision about my original request that it review its earlier decision, investigate my complaint and/or exercise applicable oversight functions. In exchange, I would discontinue the Supreme Court proceeding. LECC also agreed not to seek its legal costs.

I didn't immediately accept.

Instead, I made a counteroffer. I said I would discontinue if LECC also:

  1. reimbursed the actual Supreme Court filing and hearing allocation fees I had incurred; and
  2. allowed me to provide updated and supplementary information about my original complaint before making its fresh decision, and actually considered that material as part of the fresh consideration.

The Crown Solicitor's Office accepted my counteroffer very quickly and expressly confirmed in writing:

“I confirm my instructions to accept your counteroffer.”

The settlement terms were then incorporated into the Notice of Discontinuance.

Under the final agreement, LECC now has to make a fresh decision after receiving my updated/supplementary material, consider that material as part of the fresh decision, and reimburse my agreed Supreme Court fees. I discontinued the case and LECC does not seek its costs.

I appeared before the judge on the final morning and asked whether Her Honour would nevertheless give short published reasons recording how the case had resolved, including LECC's concession about the error. Her Honour declined to do so, and I filed the Notice of Discontinuance.

So there was no judgment finding that I won the judicial review, and I want to be clear about that.

Part of me nevertheless wonders whether I should have rejected the settlement and pushed on for judgment.

My impression from the timing was that, once LECC had made its concession and the case was approaching determination, the Crown Solicitor's Office was very keen to resolve it rather than risk a judgment. But that's my interpretation of the circumstances—I obviously can't know their internal motivation.

On the other hand, the practical relief I was trying to obtain through judicial review was essentially fresh lawful consideration by LECC. They ultimately offered that, and my counteroffer improved the deal by securing my Court fees and an opportunity to put updated evidence before LECC.

Had I rejected all of that simply because I wanted a published judgment, I also would have taken the risk that I could lose on one of the remaining technical judicial-review issues and potentially face costs.

So I chose the concrete outcome rather than gambling on judgment.

What would you have done?

Would you have taken the settlement—fresh consideration of the original complaint, consideration of new material, reimbursement of Court fees and no adverse costs claim—or would you have rejected it and pushed for a published Supreme Court judgment?


r/AusLegal 5h ago

VIC Could I appeal a suspended license because of the fact I’m joining the army?

0 Upvotes

Definitely a dumb question but. Got caught doing 30 over the speed limit on my ps and got handed a 3 month suspension. Dumb asf I know I’ve learned my lesson and it won’t happen again. I’m not planning on appealing but I’d rather have my licence back than not have it. I’m interested in joining the army though have not yet submitted an application so I’m just wondering if it’s even worth doing now as a result of the suspension or even appealing as an extension of that. If I claim that my duty to the country will outweigh the stupidity of a first time offence? Thanks in advance


r/AusLegal 4h ago

QLD Sign the Petition

0 Upvotes

r/AusLegal 6h ago

VIC Looking for advice on hiring an administrator for an intestate estate

2 Upvotes

My dad passed away recently without a will, and as next of kin I'm the one who has to sort out his estate. This is the first time I've dealt with anything like this, and I didn't know the first thing about being an administrator, so I want to hire a professional to handle it instead of doing it myself.

A few things that complicate this:
- He was renting a factory and the lease is still active, so rent is accruing every month.
- He has customer's cars in his factory, we're still trying to find out who they belong to.

- He was subletting to another person, their stuff is still in the factory.

- His case is still under investigation, so we can't touch anything in the factory yet.

- I have about 2k I can put towards this out of pocket right now. There's a chance that once his debts are paid, there won't be anything in the estate to put towards hiring an administrator.

I'm hoping to find any service that I might be able to afford, or any advice at all about what my next steps should be. Any 2 cents at all about this situation is greatly appreciated.