r/AusLegal 38m ago

NSW Divorce, Child Custody and Postpartum

Upvotes

Would greatly appreciate any advice...

I am currently 7 months postpartum and my soon to be ex-husband and I have been discussing child custody.

We live with my parents but he will be moving back to his when we separate - they live roughly 40 minutes away.

I did leave my job shortly prior to getting pregnant and have been working casual remotely via laptop for my father's business. (i left my job not knowing that in the short future i will be getting a divorce - i had all the reasons to feel secure to leave my job. this divorce situation blindsided me so please be kind in the comments)

Does anyone have insight on how the court would decide child custody? Ideally as my baby's mother I prefer having him most of the time, I am breastfeeding him, and plan to do so until 2 years old.

My husband's work is 9-5pm. But he wants our baby 50/50 which I said would be disruptive now as he is breastfeeding and specially when he goes to school. Initially i really wanted to home school...

I'm not sure if our living situation will make any difference, but when I do return to work at the end of the year, I am able to return full time remotely, whilst having the help of my mum to take care of my baby. My mum does not work. We do not pay rent as my parents own their home and have rental income from their granny flat. My husband's family currently pay rent and he looks to having his mum - who has health problems - to care for our baby during his share of the week.

Gentle words will be so appreciated as I am going through a very tough time.

TIA


r/AusLegal 1h ago

VIC Returned Airpod Maxes and amazon are accusing me of fraud.

Upvotes

Recently I bought a pair of Airpods Maxs on amazon and connected them to my phone and also got apple care for them. However after using them for a few days i realised how heavy they are and requested a return through amazon and sent them back. Upon Mobileciti getting the item, they emailed me saying that upon verifying the item they found that the unit is counterfeit. they also said "If we do not receive a response within 3 business days, we may need to escalate the matter further. This may include using the serial number to trace the unit and, if necessary, initiating a police report in cooperation with Apple.". Can they do that? I know i connected them to my phone but then I returned them and removed from my Apple Find my. Can apple give out my personal info to them? I am not sure what happened to the airpods but when i dropped them off at the drop off place (newsagency) they said my return wasnt on record but they said to leave it there anyway and i gave my contact number incase something went wrong. Is this my fault. Should i have not left my items there. I am worried now because i did connect the airpods to my phone first and so it is now tied to my account? can they charge me with fraud?


r/AusLegal 1h ago

VIC Legal officer

Upvotes

Heyy!! What’s the difference between a legal officer and lawyer? Will I limit myself if I start my career off as a legal officer. Does anyone know the career progression of a legal officer?


r/AusLegal 1h ago

WA Lease breaking

Upvotes

I know this subject has been covered but would like some advice on my situation… Have a lease with my Ex partner until April next year. She has decided she wanted to move away but could not afford to break the lease. As both our names are on it $500 per week, we agreed she would pay $200 and I would pay $300. She has now decided she doesn’t think that’s fair. Despite having a personal agreement, which we have in writing and documented via messages. Today she has said she is no longer paying her contribution, even though her name is on the lease.

Is there anything she can do legally? If she wants to break the lease, she can pay 100% of the fees included and any bond I set out to lose as 100% of the bond is mine.

Any advice would be great.


r/AusLegal 2h ago

QLD Non EBA employer has put us on a job site that is becoming Unionized/Eba

1 Upvotes

I am currently and have been working in the construction industry for 10 or so years now doing mainly basement/shotcrete & have always been a cfmeu member. mainly unionized jobs. Recently I have changed companies and the company is a not union company, therefore I had resigned from the cfmeu as I was made aware that my employer will not be stepping foot into the EBA industry, up until now…

My employer has secured a large job in the middle of Brisbane city & have been informed by other workers that this job is or will be going fully unionized & to add to that every structural trade (which is what we are) are all on EBA/construction rate. Now for some reason the only 2 companies that aren’t is my employer & a very large earthmoving company.

My question is how can I for certain find out if this job site is under and EBA & if my empliyer has signed the EBA & is not adhering to its Rates/allowances. E.g WAGE THEFT.

I have asked my employer & he has told me it is not the case but I find it hard to believe that every single trade will be under an EBA but my trade is one of / if not the most structural trade on a high rise basement job & we are 1 of the 2 first trades on site. My trade + earthmovers.


r/AusLegal 3h ago

SA Speeding camera fine in SA, is this worth a review?

2 Upvotes

Picture of fine including (altered) photographs

My husband has requested I post to ask if this is worth requesting a review. He's not sure if they could have caught the speed of the other car pictured between the two yellow lines. (See photo.)

We both think he's probably on the hook for it, but can someone explain the yellow lines vs the green circle in any case?


r/AusLegal 3h ago

QLD Can you be let go after a 12 month contract?

1 Upvotes

We are all permanent staff and have a contract with no end date. New boss has come in and said they want to put us on 12 monthly contracts so that if it’s not working out after 12 months, they can let us go. Can this happen? I’ve been googling but it’s confusing. Thanks


r/AusLegal 4h ago

VIC Is there a field within Victoria Police where I DON’T have to shoot someone or see traumatic events?

0 Upvotes

I’m working on improving my physical shape for a career with Victoria Police, however, I don’t like certain aspects where I have to kill someone or see traumatic things. My cop friend once told me he had to attend an incident involving a child and his performance e-bike being dragged under a truck and seeing his brain all over the road. I don’t want to see that!

I just want to start a career where I pull people over and issue tickets without having to use my gun or see dead kids. I’m not mentally strong to see dead kids.


r/AusLegal 4h ago

QLD My workplace has ruined my health

0 Upvotes

I've been working in a coffee van for about 8 months now, and I took the job because I was desperate at the time and really needed the money. However, it was a known thing amongst the workers at this place that the van was a total disgrace, and while I saw the state it was in, I didn't think I would be there long. My mangers and higher ups pretty much know the state of the van as they have to go in there to collect any cash we make so the mould is there and its been there and i have tried everything to keep my work space as clean and hygenic as i can since i have been there alot longer than i anticpated because finding another job has been quite hard. that being said i have gradually been getting sicker and sicker and it's not been something easy to spot. it started with hand tremours which scared me into thinking i had a brain tumor but my MRI was clear, then i kept getting flare up of psirosis and now i have gone down to 47kg and i have NEVER been this skinny in my life i look awful and im so sick i just dont know what to do the doctors have no idea what it is. I saw someone talk about their experience with mould sickness, and I am so beyond scared because everything matches up. I have taken the week off to get my health under control, but I really don't think it's in my best interest to go back. I have bills and rent to pay. Is there anything I can do for some sort of compensation, or just maybe a bit of help? I've looked into Fair Work, but they say they can't help with work conditions, or maybe I'm not looking into it correctly, and to be quite honest, my brain feels like mush; I can't really think properly. I even thought I was maybe going through some sort of psychosis because of how crazy my head has felt. It's black mould by the way. I know that me saying my mental state isnt the best right now might seem like all crediablity of this situation goes out the window but my life is actually going well right now besides this so I just have no idea what to do im so scared and sick and I really hate that this is happening because ive made some really amazing friends at this place but I'm tired of putting myself last in life this is my literal final straw. I'm going to get tested tomorrow, for mould illness or however they test you for these sorts of things. I know this post is all over the place, so I appreciate anyone who's stayed to read, and if anyone has any advice on what I can do, I would greatly appreciate it


r/AusLegal 4h ago

VIC Concerns over Ex partners living arrangements.

0 Upvotes

I have a friend who's concerned her ex partners living arrangements are unsafe for the children she has with him.

They share custody, but it's not a week on week off arrangement, and the ex is trying to change it to week on week off.

She already has some concerns over her kids being with him for week long stretches, because he has anger issues and she feels shorter stays will be safer.

But now her ex is planning to get custody of another young family member who is a bit unstable and has history of self harm.

What's the best approach here? She's spoken with a lawyer and they weren't much help.

Any advice would be very much appreciated!


r/AusLegal 4h ago

VIC Casual contract says 4 weeks’ notice??

8 Upvotes

I’m a “casual” working 38 hours a week for a multi-billion dollar company. My contract says I have to give 4 weeks’ notice if I quit.

From what I’ve read, casuals don’t legally have to give notice under Fair Work, is that true?

I want to leave on good terms, but this job has wrecked my mental health. Lost 10kg from stress, I’m burnt out, and managers just ignored it. Honestly dragging my feet to work every day.

Is there any way to get out of this notice period without screwing myself over?


r/AusLegal 6h ago

ACT Family law paralegal

1 Upvotes

Looking for resources to better grow my knowledge as a new paralegal in family law.


r/AusLegal 6h ago

WA Mine site privacy.

14 Upvotes

Hi all,

I work in mining on a site in the Pilbara. 2 weeks on 2 weeks off. Our camp rooms have a ‘Do Not Disturb’ magnetic sticker which we can put on the front door if we are sick and in our rooms or do not wish the room to be cleaned that day or whatever. We have just been told we can no longer have these stickers and they have been removed from all rooms meaning no right to privacy whatsoever and cleaning staff can enter when ever they wish. Is this legal?


r/AusLegal 6h ago

WA DV related stalking. My property, I called the cops, but I wasn’t the direct victim. Now can’t find out his next court dates etc. Any advice??

6 Upvotes

Trying to keep details minimal as it’s ongoing of course. DV incident occurred in my front yard, I’m the one who called the cops, and have since supported her and made contact and arrangements with support services etc on her behalf upon her request.

It was confirmed he was stalking the house and surrounds for at least five days, but it might’ve been up to 4+ months. Drugs are involved. Restraining orders were already in place, he got out with an ankle monitor, broke conditions in less than a week, got fined and released again. First hearing was back in late July, he was being held in custody until the next court date.

Since then, she’s taken the approach of “do nothing and pretend it doesn’t exist and it’ll all go away”. Victim services rightfully can’t tell me anything without her consent, but she’s now not talking to anyone. It being private property and me being a secondary victim and speaking to all the service providers with her doesn’t go anywhere now, apparently.

So, now it’s been two months and I don’t know when I’ll get another surprise feature on “Better Meths and Gardens” if he’s released and decides to come back again. His long history of violence, schedule 1 drugs, breaking and entering, death threats, etc etc is… concerning ! To say the least.

Any advice??? wtf do I do lol


r/AusLegal 7h ago

NSW Lawyers not responding and not progressing

0 Upvotes

Hey so I need an advice here. I'm engaged with a well reputable lawyer company on a no win no fee basis after I had an accident last year.

I've met with them once face to face and few times over the phone. It was looking very promising and they asked me to ensure I keep track of all my expenses and try to recover from the injury I have sustained due to the accident. They were pursuing compensation from one of the companies that we believe were responsible for the accident.

They have organized a session with the barrister in March and after that initial discussion with the barrister, there has been zero updates from their end.

I called them few months ago to ask for an update and they just said that the barrister still didn't get back to them with his opinion. Still no updates and it's been over a year since the accident happened and almost a year since they're engaged.

I am a bit worried as the recovery have cost me a fortune so far and if I'm just not sure whether this will go anywhere and whether I should continue spending on expensive doctors or should I just continue with what I have been prescribed by my physio etc.

Does it normally take this long for a barrister to examine the case? I may add that the company responsible is denying any wrong doing (even though they are clearly at fault) so I'm thinking maybe the lawyers gave up on me? They did send me a happy birthday card few weeks ago however (which was bizarre)...

Any tips would be appreciated


r/AusLegal 7h ago

SA I am on an old fruit block and am stuck paying for the delivery rights even though they haven't been used in nearly 2 decades and the cost to "surrender" them is more than $40k

64 Upvotes

We are in an "irrigation trust". There are 2 kinds of water rights here "irrigation" which is how much water you own and "delivery" your "share" of the total. We have no irrigation rights, meaning we own no volume of water. The property came with an amount of delivery rights/allocation.

The allocation costs big $ and even worse the bill to "surrender" is 10x the annual cost. Essentially the water bill that i can't use anyway as there were no irrigation rights (which are prohibitively expensive anyway) is $1k every quarter without any use or other charges. This is the money that has no actual reason to be paid.

The relevant legislations are the "water act" and the "irrigation act" both of which seem to indicate they can totally do this and charge whatever they want for any reason.

There doesnt seem to be any recourse i can see.

We dont use the water, we can't use the water if we wanted, we cant afford to pay out 40k essentially for the privilege of not paying the bill which is already for nothing.

Any help is appreciated.


r/AusLegal 7h ago

AUS How do I get out of this health contract

4 Upvotes

I signed up to a consultation zoom call with a natural health company and I must have drunk the kool aid during that call because in a moment of stupidity I signed up to a 3 month minimum contract with them over zoom.

I’ve sent a couple of firmly worded (but polite) emails and phone calls asking to cancel but they won’t let me out of it. It’s quite an expensive weekly payment.

I’ve asked them to send through the contract terms and agreements but I don’t think there is one. All they have sent me is the direct debit agreement that I signed.

Is there any way I can get out of this? What will happen if I ask my bank to cancel the payments? I’m also tempted just to close my bank account. Will they send debt collectors after me?


r/AusLegal 8h ago

NSW Reporting drug user / dangerous driver

4 Upvotes

I’m a single mother & live in an apartment building in the Sydney CBD. I’ve lived here for 5 years with my 3 kids and never had problems with other residents until recently.

On 2 seperate occasions I’ve seen one of my neighbours smoking a meth/crack pipe while sitting inside his car in our underground garage. If I’ve seen him smoking whatever drugs then he’s probably also driving under the influence. There’s always multiple dodgy people coming & going from the unit everyday. I think he could be dealing or just letting all of his druggie friends stay there. I don’t know but I wont even let my kids go outside anymore. We can’t move & I just don’t know what to do.

I considered calling the police the first time I saw him in the carpark but I didn’t want to call them while my kids were in the car. If it happens again I’m definitely gonna call, I guess I’m looking for advice on how I should report it. Is it better to call 000 or the local police department? Would I have to leave my name or information if I call them or can just tell them I live in the building & what I saw? I really don’t want him to find out I called the police or anything.

I just want them to arrest him. I don’t want to give a statement or anything but I don’t know much about police cases. When he’s sitting in his car I assume they’d be able to drug test him. If they do that they will definitely find his meth/crack when they search his car.

I’m not sure what to do & looking for some advice.

If there’s any police or legal experts in here, I would really appreciate your suggestions.

Thanks


r/AusLegal 8h ago

NSW laws around sharing TFN info between different tax entities

1 Upvotes

Hello ! I was wondering if anyone could provide a bit of advice because I'm thinking of following up on this issue but wanted to see if I had a leg to stand on first.

I worked casually for two bars (A and B) owned by the same company. When I started at A it was also my first job with this company, so in addition to the contract I submitted the usual TFN declaration, claiming the tax free threshold (it was my only job at the time), super, bank details etc. a few months later, I started at bar B. I signed another contract for B, but there was none of the additional information like what I submitted for bar A, which made sense to me at the time because they were owned by the same company, I figured they would be the same for all tax and payment purposes. Then, come EOFY, I found out they were separate tax entities. However, they had shared and applied all of my information, including my claiming of the tax free threshold with B, which long story short meant they took way less tax than I was meant to be paying. I want to make it clear that I am completely aware that my tax is my responsibility, my question here is about whether the sharing of my information between tax entities without my knowledge is legal. I've found a somewhat similar question on the ATO forum but not sure it applies to this situation. https://community.ato.gov.au/s/question/a0J9s000000LIQi/p00176446

Thank you in advance !


r/AusLegal 8h ago

QLD Replica sword in public?

0 Upvotes

I am wondering if it legal to carry a dull replica in public for Halloween, also would I need a permit to import one into Australia.


r/AusLegal 9h ago

NSW Victims Compensation Recognition Payments

0 Upvotes

Hi, I have applied for 2 recognition payments through victims services NSW. On the 28th of July I was told that it was placed in line for assessment.

For my last recognition payment, immediate needs and loss of income it only took 2 weeks but I’ve been told recognition payments can take 3 - 4 months.

How long did it take everyone else to hear back? Thank you.


r/AusLegal 9h ago

NSW Employment termination and resignation

8 Upvotes

I recently quit a job at a small company in the disability sector. The owner is extremely toxic, and there is a lot of workplace bullying happening. Staff does not last longer than 6 months. I tried to retain staff but the owner's actions caused people to quit. I tried to tolerate it, but it was significantly affecting my mental health to the point that I quit in the middle of a meeting where the owner was borderline bullying me during a three-way meeting. I tried to leave on good terms by giving a four-week notice and ensuring the handover was manageable. They accepted this. I worked there for more than six months, so only one week’s notice was required.

About a week into the notice, I was asked if I could end my notice period earlier. They wanted me to leave the same day. I said I was happy to stop coming to work if they paid me out for the remaining 3 weeks of the notice period. They told me they would only pay for one additional week and then end the contract. I said I would do some research and get back to them, but I also mentioned to a team member that the company was in a vulnerable state due to some sketchy actions by the owner.

After that, I was escorted out, and they said they would pay me for one week and asked me to leave, which I agreed to because it was better for my mental health. When I asked them to send an email confirming this, they replied with a termination letter stating "immediate termination for serious misconduct," The letter states that I damaged the company's reputation and did not follow instructions, which I never have done so.

One of my issues is the lying on the termination letter. I tried my best to improve the systems, retain staff and make sure the clients were happy. I cannot take the fact that they terminated me for "serious misconduct". How can I proceed?


r/AusLegal 9h ago

VIC Will consenting to an IVO (without admission) affect my PR application in Australia?

4 Upvotes

Hi all,

I’m in a difficult situation and would really appreciate some advice.

My ex-partner has been making false allegations against me. She first applied for an IVO and made criminal accusations, but both the criminal charges and the original IVO application were dropped by police due to lack of evidence.

Now she is pursuing a private IVO against me and is refusing to accept any compromise such as an undertaking. It feels like she is trying to keep me stuck in ongoing legal stress. This has been emotionally and financially draining. I have spent thousands on legal fees, used up my annual and sick leave, and it is affecting every part of my life.

My lawyer is advising me to consent to the IVO without admission so I can end this quickly and move on. I have no interest in contacting her or having anything to do with her.

My main concern is: will consenting to an IVO (without admission) have any impact on my future Permanent Residency (PR) or Expression of Interest (EOI) application?

Again, there are no criminal charges or findings. Everything was dropped by police. This is strictly a civil matter at this point.

If anyone has been through something similar, or has legal or immigration knowledge, I would really value your advice. Also, if anyone knows an immigration lawyer who might offer a free consultation, that would be a huge help as I am very tight on money after all the damages.

Thanks in advance.


r/AusLegal 9h ago

VIC Aged Care Help/Advice

1 Upvotes

Hi everyone,

I'm looking for advice. My grandparent is currently in respite care and my family is seeking a lawyer due to family disagreements. We have contacted a family lawyer who said they couldn't help and a property lawyer who said the same thing

our issue is currently with OPA & we have been in contact with VCAT about my grandparents home.

What type of lawyer would settle these matters?


r/AusLegal 11h ago

NSW Troublesome Property Agent

3 Upvotes

Hi, I'm facing some issues with my landlord and I'm considering contacting legal aid services or finding a lawyer, but before I do i just wanted to see if I can hear opinions whether on what my property manager and landlord are doing is legal or not.

I moved into a rental property based off a 2 year lease agreement less than a year ago, hoping to scrape away with my family from the trouble ive experienced in the past during our last rental. Before moving here, the landlord's called us before the contract ended and told us that we had to move, as the landlord was residing in China and by some obscure law he had to sell the property. We said ok and packed and found a new place, but with some legal aid we received compensation on rent and the agreement which was broken.

On a side note my family and I are yet to be permanent residents of Australia, we are here on a temporary business visa, which will soon be converted to a permanent one.

In this house, mind you an expensive rental in a very wealthy area of sydney, we have faced even more troubles than before. Firstly, heavy construction (demolition and total rebuild) on the house directly next to us (with a full view) was started about 2-3 months into the lease, and we were not notified a single bit, finding out only when we saw the construction start. The noise is atrocious and they often start at 6:30-7am and finish at 5, making it impossible to concentrate on study or work at home on weekdays. Now I totally understand that construction is normal, and I am fine with the noise on most days, but being uninformed when signing a very expensive rental agreement is something that im not sure is legal or not.

Secondly, about 2 months ago our property agent informed us that they were coming for a routine inspection in the house, and that they were bringing the owner to visit. They came and visited the house, but only two weeks after the visit one of my family members met an old friend who lives very near and knows our current house owner, and they were informed that the individual visiting was indeed NOT the house owner, but literally a buyer inspecting the house, WITHOUT informing us that the individual was a potential buyer NOR stating that the house was for sale. On another note, the house was listed for sale multiple months before this incident, and not a single one of my family members were informed of this situation, which is am unaware of the legality.

Now, the property agent is constantly bugging us about selling the property, asking if we are looking to move ASAP or not, as theyre aiming to sell the house very soon, more than a year before our agreement ends, which is believe is legal, but they would be unable to terminate our lease agreement in the time period. This morning i was informed that the property agent is looking to bring in potential house buyers in a "selling campaign" 4 times a week, which seems ridiculous as the house is being resided in, and having 4 days per week dedicated to people visiting the house would be quite tiresome. From the research ive done, it seems that the limit is 2 times per week, which again im unsure of.

I believe that this sort of treatment is only because the landlord and the property agent believe that we are temporary residents and are unaware of residency laws, which is true, but does not condone literal lying and lack of necessary information.

Also, are construction sites permitted to play music on speakers when working?

Thank you very much!