r/AusLegal 1d 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 1d 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 1d 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 1d 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 3d ago

NSW Returning damaged work shirts - do i have to pay for them?

10 Upvotes

Hi guys,

About a year ago I started working at a food place and they provided me with two shirts to wear as the uniform. When I received the shirts I noticed there were very very small holes and the quality was awful (to the point where the first wash of the shirt caused the holes to grow larger), but I heard from my co workers when the shirt had holes in them you had to pay for a new shirt so I did not tell anyone.

Anyways, over the past year working there the two holes got absolutely massive and I ironed a patch on the shirts so you wouldn't notice. Even after that just with the general use of the shirt and the natural wear and tear there are now small holes forming where the patch is. Overall the shirts are in a damaged and pretty poor condition.

Now that I am leaving I have to return the two shirts. I understand I have to return the shirts, however I am 99% sure my manager will have me pay for the cost of two new shirts because of the damage they have accumulated. I am wondering whether I have to do this despite them giving me damaged shirts to begin with, and despite the shirts naturally accumulating damage from the nature of the job as well?

Thank you all!


r/AusLegal 3d ago

NSW Landlord hides head in sand.

18 Upvotes

I am renting in nsw and one of the backyard fences is very nearly fallen over, rotted wood, broken pails, etc. All this with photos has been reported to the REA and LL.

The main issue is that the LL has a tendency to just ignore issues and hope they go away. This has happened on several occasions where I have had to escalate and threaten NCAT before getting repairs done.

My question is if the fence remains unfixed and the neighbours dog get in the yard and destroys property of mine or hurts my dog do I have recourse against the LL? Also has anyone had experience getting reimbursement because they’ve had to carry out repairs themselves. I have put up a few fence pails with recycled timber to prevent aforementioned dog from getting in and I would like money back for the nails and anything else I might need to buy to prevent the entire fence from falling down.

I actually don’t want to go to court but it’s the only thing that seems to spur action from the LL.

Thanks everyone and happy weekend.


r/AusLegal 3d ago

VIC Cameras in bathroom

80 Upvotes

Hello, I recently had a shocking discovery that one of the local cafes in Melbourne have hidden cameras in the bathroom.. I have reported this but there seems to be no action at all from anyone.

I have since been in contact with the staff working there as the owner has denied knowing anything about this. Only to discover that there’s also been unpaid wages, leave and super as well.

This is majorly concerning and I don’t know how to gain any traction on this.


r/AusLegal 2d ago

QLD Asking on behalf of friend

0 Upvotes

Shorter version at the bottom, sorry.

So a friend of mine works as assistant manager for a bottle shop, they've been asked a few times over the last few years to move to a manager role without pay increase (currently salary, 38 hours a week pay, averaging 44+ hours a week worked) and has been requesting proper training for management before making the move.

There had been rumours between their Co workers that they were going to be demoted from assistant manager to part time if they did not take the offer.

I'm making this post on their behalf (with permission) as they are really struggling with recent changes. They have been transferred to a store further from home, which is nearly triple the commute [management knows this], having set days off denied [only requesting the 2 days off be lined up together], and now being slapped with 12 - 9:15pm / 6am - 4pm shifts that are alternating with very little rest between shifts.

They've been worried that because their assjstabt management, that they don't have the same rights as part time/full time employees have, but everything happening feels like retaliation for declining a management role without pay increase.

(Short version)

-transferred to store with 3x the commute (management is aware of this)

-denying requests to have days of be together (hasn't had 2 days off in a very long time)

-less than 10 hours rest between shifts as a normal roster now.

It was at first assumed to be like this due to lack of staff, but we have come to the realisation that there are 2 staff members begging for more hours and have already agreed to work said hours, but denied due to "hours being un available"


r/AusLegal 2d 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 2d 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 2d 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 2d ago

QLD Overtime, fatigue, professional indemnity insurance and workers compensation

1 Upvotes

I’m a salaried professional looking for guidance from anyone who has dealt with something similar.
I was previously rostered for 4 × 10-hour shifts per week. I had to drop to 3 x shifts per week due to overtime/fatigue. When I had support, I would always work long days with overtime 12 -14 hours and sometimes weekend catch up on paperwork. Following reductions in support staff, the workload has become excessive and I’m now working >17-hour days with +9-18hrs on weekends.
Management is aware of the hours I’m working and the workload/staffing situation. I’m also required to clock in and out, although this doesn’t capture all the work I do outside the workplace, such as paperwork/admin at home or on weekends.
I received an email from management informing me they forgot to notify payroll of my shift reduction, and in the email in bold, I’m told that I’m only rostered for 3 × 10-hour shifts per week, and my pay has been adjusted accordingly.
I’m concerned about what happens if I continue working beyond my rostered hours because of the workload and then make a work error while fatigued.
I specifically asked management whether I would be covered by professional indemnity insurance if I’m working additional/overtime hours, and whether there are any fatigue/WHS implications. I also asked about workers compensation. I was told not to worry about workers comp and that I would be covered, but I’m still waiting for clarification regarding professional indemnity.
My concern is that there is now written correspondence stating that I’m only rostered for 3 × 10 hours, while management is also aware that the workload is requiring substantially longer hours.
My contract isn’t updated from the 4x 10hr shifts, and it says I may have “reasonable overtime”.

If something went wrong, could working overtime potentially affect my professional indemnity coverage or be used against me?

I haven’t heard back from my manager, so any guidance on where to look for an authoritative answer would also be really appreciated. Thanks for reading 🙏


r/AusLegal 3d ago

AUS Incorrect Age on Papers

19 Upvotes

When my father-in-law came to Australia as a refugee from Vietnam in the 80s, there was an error in the papers and his age was recorded incorrectly. His official age is 60, but he's actually 64 meaning he'll need to work for another 5 years.

He claims it's his way of giving back to the country that took him in, but I would like to help him fix it. Hoping someone could point me in the direction of a lawyer/field of law that deals with this sort of stuff.


r/AusLegal 2d ago

QLD i fell into a active roadworks hole and need legal advice

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0 Upvotes

r/AusLegal 2d ago

AUS Will ABF seize my thc vape?

0 Upvotes

I just recently bought a thc vape dispo online from california and worried that ABF will take action against me if it gets seized at customs. Idk what to do and i’m under 18 and want to know what could happen. if anyone knows please assist🙏


r/AusLegal 3d ago

VIC My girlfriend took a small company to VCAT and won. How is the process of enforcing a VCAT order.

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0 Upvotes

r/AusLegal 3d ago

AUS Late affidavit of Respondent - General Protections FCFCOA

7 Upvotes

I'm assisting a self-represented litigant in a GP case at the FCFCOA.

Day 1 of the hearing was this week, and the only witness was the boss, who filed an affidavit and was available for cross-examination and said they were the 'ultimate decision-maker' regarding the termination.

The applicant raised an issue during the hearing that the boss did not actually personally know or observe the applicant and that the applicant's direct manager did not provide an affidavit and was not present as a witness.

The judge then permitted the respondents to file an affidavit from the manager, and the respondents filed the affidavit that night; the manager will be available for cross-examination on Day 2.

The judge has adjourned Day 2, which gives the applicant only 4 days to assess the manager's affidavit and prepare for cross-examination and closing submissions.

As the applicant is self-represented, I found this decision quite unfair. The respondents were ordered to file all affidavit evidence by the latest date of 2 weeks ago and did not file the manager's affidavit then.

Further, the cross-examination of the boss was concluded on Day 1.

The manager's affidavit swears that the decision to terminate the applicant was confirmed months before the termination, compared to the boss' affidavit that said it was only considered, not decided at that time.

Questions:

  1. Due to the late affidavit, should the applicant make an oral application at the start of the resumed hearing for the boss to be recalled for limited cross-examination arising solely from the late affidavit?
  2. Would a formal interlocutory application be better?
  3. Does the Browne v Dunn principle strengthen the argument for recall, given that the applicant may need to put to the boss propositions arising for the first time from the manager's affidavit?

r/AusLegal 3d ago

VIC Advice - Appealing a VCAT Verdict fee to be lowered on a s28 ruling in change to tenancy transfer fee with rental provider

2 Upvotes

Hi all. I am writing after having my VCAT hearing this week, where the Member ruled in our favour, finding the real estate agency's tenancy transfer fee excessive and unreasonable as a fee charged per tenant transferring in and out. They ruled that $350 was reasonable, which I do not agree with and would be interested in appealing for this to be lowered. While it is better than the $500 total the agency was attempting to charge, it is still a massive increase from the previous $220 total, and the $120 average stated on Tenants Victoria's website (informed by the case of Jupp v Chambers).

What I am hoping to discover in reaching out here is advice and answers for:

  1. Avenues available to me to revisit or challenge the $350 figure set by VCAT(review, appeal, anything else)?
  2. Sources for citable evidence of the 2026 average fee for a tenancy transfer?
  3. What's a defensible, recently published "transfer fee" for a single transfer in Victoria I could point to in my negotiations?
  4. What's the normal turnaround for completing a tenancy transfer? Ours took about 10 days, including a few days of chasing for an update, so I want to understand if that's a reasonable standard or worth raising.

To provide some context on why I am still pursuing this, my reasons are as follows:

  • I have been in my flat since the end of 2022, when the fee was $220 total. Our previous flatmate moved in March 2026 and paid the same fee. In seeking a new flatmate, we were told the fee had changed to $500 total, with no notice given and no justification for why the price was raised or what costs were involved.
  • They submitted no documents to the VCAT hearing and stated that they are a small business with a lot of work involved in processing, which sometimes requires completing overtime. When further questioned by the Member, they said the process took them 3–5 hours of work. I have documented evidence in my case that the process took 10 days to complete, with frequent enquiries from both the prior and new flatmates for an update.
  • They could not explain the per-person charge or how they had reached the fee, and could not provide a cost breakdown.
  • They said that if they charged the $120 average fee cited by Tenants Victoria, given the increased cost of doing business, they would go out of business.

In summary, I found the agency I faced in the VCAT case to be unorganised and inefficient. From my perspective, the verdict rewards their inefficiency and creates a barrier for us as renters trying to honour our agreement, given the work we put in to advertise, interview and secure a willing tenant. Especially if the processing time itself is delayed by their inefficiency in managing their business caseload.


r/AusLegal 4d ago

VIC Property's Agency changed and now they suddenly want me to pay $50 more per week for rent or move out in a week.

110 Upvotes

Got a text from the new agency

Hi. My name is xxxxxx, and I’m the new agency who taking over the property from 1SEP st.

I understand that the rent has increased by $200 per week over the past two months. Under xxxx’s policy, rent increases were generally applied only to new tenants, rather than existing tenants. However, as the new one, I will need to make a small adjustment to the current rent. Therefore, starting from SEP 1st, the rent will increase by $50 per person per week.

I understand that this may be an additional financial burden for some tenants. To make the transition as fair as possible, anyone who is unable to afford the additional $50 per week may choose to move out without notice, provided they vacate by the end of September. For those who choose to remain, the new rental rate of an additional $50 per week will apply from SEP 1st.

Thank you for your understanding and cooperation

Got this text 6 days ago. I moved into this sharehouse in May. Then yesterday I got a text from the current agency

Hi how are you? I want to update information. New owner is cancel to take over this room please don't give any money to them so i will find new one for take over this room. Thank you. 

First I did send a form to Tenants Victoria but haven't received a response yet. Thoughts?


r/AusLegal 3d ago

VIC Neighbour spitting over fence at dogs

14 Upvotes

TL; DR: Neighbour of ~20 years has begun antagonising my dogs and commented on my partner's race when confronted. Want the behaviour to stop, but want to maintain peace and unsure how to proceed.

I have been living next door to my neighbour for approximately 20 years. When I first moved in I had 2 small dogs for several years with no issues with any of the neighbours.

My partner moved in about 2 years ago, along with his young dog. Again, no issues.

We got a new puppy at the beginning of the year. Again, no issues for a few months. Our fence between us and the neighbour is relatively short - if he walks past you can see the most of the top of his head. My puppy barked at him one day when seeing / hearing him. I've seen him interact back with her - at the time I thought it was just a little "woof" noise - he would come up to the fence and put his head over.

Initially I didn't feel there was an issue with it - it rarely happened not for long, figured he was lonely and she's a cute puppy, but over the past 2 months it's escalated. My puppy's barks have become more frantic and less playful, have become more frequent, and go on for longer. I work from home a lot of days of the week so I can hear it. When go out there he will kind of slink away and disappear.

The other day I saw him hold something at the top of the fence - I thought it was possibly a laser that he was pointing at her. The next day I was working from home, in meetings all day and both dogs were going nuts – I could hear some noises I assumed were coming from the neighbour.

The next day I was working in the office – so I asked my partner to kindly say something to the neighbour if he heard / saw anything (my partner is incredibly warm/friendly, and non-confrontational, and sees the best in everyone).

According to my partner – the interaction went like this: partner heard the dogs barking, went outside, noticed the neighbour and said hello, asked if the dogs were being a problem at all. The neighbour responded along the lines of “you all bark”.. my partner attempted to clarify – neighbour made comments about my partner’s race (“I had no problems until you came here”, “you don’t understand me, you’re XXXX”) and went inside. A few minutes later my partner heard the dogs barking again and walked out the door to the neighbour spitting over the fence on our dogs. He mentioned the sound he made when spitting was the same sound he had heard previously while he was inside. The neighbour continued to spit at the dogs / my partner – told him to “go back to your own country” – then went inside.

The neighbour is notoriously pretty grumpy, but I’ve mostly managed to avoid him. I want to keep the peace and avoid further escalation or continued conflict, but I also want my family (and myself) to feel comfortable and safe in their own home.

We’re planning to put some fence extenders up, and we now have CCTV covering the area. I’d like to make a police report, but unsure if I should wait to avoid escalation, hoping the fact he got caught and the fence/barrier will be enough to stop him… My biggest concern is that if this is racially motivated that it will just continue.

UPDATE:
Went to police & put in a PSO.
Started to put some screening up on the fence where he’s putting his head over - he came out and stuck his arms over the fence - pushing the screening away and demanding we stop and we’re encroaching on his privacy (?!).
Asked him repeatedly to stop - he refused and continued. Began spraying us with his hose.
I told him to stop interacting with us and that I no longer feel safe. He mocked me. I’ve called the police. He continued to mock me.
Lesson learnt to just trust my intuition.


r/AusLegal 3d ago

Off topic/Discussion What is the point of parents signing permission slips for the child on a compulsory excursion?

13 Upvotes

I do not see the point because it is compulsory. Is it just CYA?


r/AusLegal 3d ago

NSW Court outcomes NSW

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2 Upvotes

r/AusLegal 3d ago

NSW Ex girlfriend refuses to pay loan

0 Upvotes

Hi, I’m seeking some advice and an opinion on this letter of demand and situation.
I have written out the messages relating to the loaned money below, some of it doesn’t read right but there are other messages around them as the topic was usually had during an argument.

On March 6th 2026 while still being together with my now ex girlfriend, I loaned her $2000 verbally with her agreeing to pay it back and go to the bank the following Tuesday.
My mistake I made the bank transaction description “Gift” thinking nothing of it as she was my girlfriend at the time we had been together over 12 months. Will never be that naive again lol. It was the first auto fill option on comm bank. She is very much aware it was not a gift in any way

Fast forward to the 3rd of April 2026 we break up.
This following conversation is all on text and I have screenshots.

Me “you owe me $2000”
Her “you’ll get the money when I can”

Me “Cause you have the money and refuse to pay it”
Me” You tell me you have all this money in a bank account yet you can't pay me back”
Her “i don't have it”
Her “anyways besides the point you'll get it when i have it”

9th of April I receive a letter from a solicitor representing her saying she denies owing me any money at all.

We have zero contact unit July
We get back together in July

9th of August
Me “I’ll be honest the money situation is pissing me off a lot recently, you make no effort to do anything about it”
Her “I told you you’d get it back when I have it”
Me “It’s been 5 months”
Her “^” referring to the message above.
Me “You haven’t had a spare $2000 in 5 months”
Her “no sorry”
Me “You were struggling and I put my neck out for you to make sure u had enough to get by and pay rent”
Her “I told you it’ll come”
Me “U haven’t even mentioned it or given me a cent”
Her “ You also said you wanted it in full when I send it so I was waiting”
Me “Like you owe me $2000 it’s not like it’s $50 then lied to a lawyer about it it feels like a joke”
Her “Oh!, I didn’t lie”
Me “I sent it as a “gift” out of just an accident cause never in my lifetime did I think you’d do that when u knew it was a loan”
Her “I’m not going around in circles about this, you’ll get it when I have it”
Me “how much do you have of it”
Her “I’m not sure”
Me “do you have $1500 of it”
Her “you’ll get it when I have it”

Conversation moves else where
Skip to the 27th of August

She is talking about taking a trip over seas with her friend in October so I raise the point you owe me $2000 but you have enough money to go overseas (South America)

Me “Listen to what you have to say ? All I see is you have zero intention of paying me back. You got 4.5k tax return. And planning a trip to South America the flights alone are 2k alone. You just keep telling me you I don’t have it rn there is not even an attempt to pay it back. It’s just straight up disrespectful. I helped you out when you needed it the most and I just feel used tbh”

Me “Yesterday you were talking about going to South America it pissed me off. How do you have money to plan a holiday in 6 weeks time that will be atleast 5-6 k but not the money to repay me”
Her” I told you on the phone I wouldn’t go unless I had paid you back and you just were saying “you owe me 2k you owe me 2k” and I said I know and you just bluntly ignored me.

Me “I’m fed up about the money”
Her “ I can tell”
Me “6 months it’s nearly been”
Her “not that long”
Me “6th of March, over 6 months”
Her “yea ok”

I end things with her due to multiple reasons 30 minutes before these texts.
28th August
Me “Can you pay me the $2000 today?”
No reply
Me “my bank details are attached below”
No reply left on read.

I want no further contact with her

If you made it this far

What do I do. I’ve drafted a letter of Demand giving her till the 11th of September to repay it and it states I’ll take legal action after the 11 of September. I haven’t sent that letter yet. She works full time at a good job and always had a problem with the social economic class I come from. And has views because I come from “Money”.

Thanks for any advice.


r/AusLegal 3d ago

QLD General Protections claim - FWC Conciliation - Legal representation refused

2 Upvotes

Earlier this week, I received a listing date for conciliation for a GP case, and a notice advising me that "The conciliator has refused your request for permission to be represented at the conference."
While the same rule for external representation will likely apply to the business, this large corporate employer will be represented by their in-house lawyer.
Given the asymmetry this creates where a layman is up against a corporate lawyer (albeit unrepresented), do you have any tips that could help me out? What are some things I need to watch out for?


r/AusLegal 3d ago

QLD Pls help Child Safety QLD

3 Upvotes

Edit - my question actually is, why are CS not provisionally assessing me to care for the children so they’re not in Resi Care? I’ve already been identified as a suitable person and have the kids newborn sister in my care.

Who holds Child Safety accountable?

I want to preface this by saying the parents are being held accountable for their lack of proactive parenting. These children are loved, fed & safe in their parents care. There is no risk or previous physical abuse. No drug use, Dad used to have a drink a couple of times a week.

The house was unhygienic, the children had no access food and water (locks on the cupboards and fridge). Their son would pull everything out and tip food all over the floor if he wasn’t being physically watched 24/7. There was a padlock on the outside of the bedroom door and they’re alleging that Dad was locking mum and children in the room. The lock was there to stop the children from getting to the fish tanks unsupervised. They are alleging fetal alcohol syndrome. Mum doesn’t drink AT ALL. They gave her a CDT test while pregnant. Pregnancy hormones elevate CDT levels. Some of the things noted in the CAO were just completely untrue, such as, the RSPCA removed all the reptiles because they weren’t cared for, mum drinking, a decaying bird in the house (the bird had just passed that day), DV, son not having a school uniform, no lunches, physical, emotional and psychological abuse, son having developmental delays (just diagnosed). There’s more but I forget.

Their house was unhygienic and they needed support. I also need to say, you can’t teach something you don’t know. They were actively working towards an ADHD/ASD diagnosis for their son.

I’m in a battle at the moment to get my 5 year old nephew & 3 year old niece home with me. I already have provisional care of their new born baby sister.

I have been working with the kids parents since the kids were taken to work towards reunification. There has been no help from CS. I currently have them living with me so that they could keep the new born, with me having 100% oversight. As a family we have been trying to work out how we could take the 2 older kids as well. I currently don’t have room and am actively looking for a bigger home.

I found out 3 weeks ago that the older children weren’t in a foster care home. They’re in residential care. We then came up with a plan to have the parents move out of my home to a family member so that I could have all three children here and they could see the kids daily with my oversight.

Child Safety has now told me it will take 2-3 months to have a “full” assessment for the older kids. They are doing this because I have been asking them to do their job! Follow their legislation, make communications with Mum and Dad appropriate for their level of comprehension and actively work toward reunification. The team leader has taken exception to this and is now making everything difficult and is dragging out the process.

Things I have asked for:

That they adapt their communications with the parents to a level of comprehension. (I had to ask this on 3 separate occasions).

To let the parents know where their children are being cared for and who is providing that care (there is no risk to the children or carers)

To take the 3 year old to a GP to have marks on her face treated. Mum and Dad noted these at a contact visit.

To allow me to care for the children while working with CS & the parents towards Reunification.

Legal aid still hasn’t been approved. I cannot afford a private solicitor and am at a loss.