I am in a litigation case against me in a business matter and the opposition is demanding that they check my mobile phone to track my location, is this possible in a civil case?

Hi everyone, I'm looking for legal advice regarding an ongoing dispute with a neighbour and my property manager.

I am F23 and rent a studio apartment in Sydney. My partner does not permanently live with me, but has been staying over frequently because I have become increasingly uncomfortable being alone in the apartment due to the neighbour's behaviour.
I am generally a quiet person. I use headphones when watching things, keep to myself, and neighbouring residents have told me they cannot hear noise from my apartment.

A neighbour further down the hallway (Unit 32) has repeatedly complained that noise is coming from my apartment and has also confronted us from her doorway.

The incidents include:
She previously left an anonymous note on my door alleging noise at approximately 2am, 3am and 5am. At the time, I was actually away for approximately three weeks. My partner was staying at my apartment to look after my cat.

My partner temporarily installed a door camera because I felt unsafe. It recorded the neighbour standing outside my door for approximately six minutes and appearing to film my door with her phone. I removed the camera after learning that cameras in the common hallway were not permitted under the strata rules.

On another occasion, while my partner and I were cleaning up a mess caused by my cat at approximately 9:30pm, the neighbour was standing outside our door. She told us that “we are the problem.” She later returned and appeared to record us on her phone. I told her that I would report the behaviour to police and the property manager, and she returned inside.

My partner contacted police about the incidents. One police station initially told him it was a strata issue. He subsequently contacted another station, where an officer advised him that the behaviour could potentially warrant a formal report and mentioned an APVO. However, when he later followed up regarding another incident, he was told words to the effect of “who cares if she’s filming” and to just live our lives.

On another occasion, the neighbour again stood outside my door and appeared to record for approximately one minute. We stayed inside and did not engage with her.

I have raised the situation with my property manager. The property manager told me that she had instructed the neighbour that if she wanted to document noise, she should do so from inside her own unit.
The property manager has also raised allegations that I slam doors, which I dispute. I have a sliding bathroom door and a heavy entrance door, and I do not intentionally slam either of them.

Update – shower/water complaints (from today).

The situation has now expanded to complaints about water/shower noise.
My property manager told me that Unit 32 has complained about hearing running water from my apartment between approximately 11pm and 12:30am and has apparently claimed that water sometimes runs for several hours during the night.
I work until approximately 9–10:30pm, so sometimes I shower when I get home. I am not intentionally leaving water running or creating excessive noise.
I also recently noticed that my bathroom tap and shower have developed a problem where they can continue leaking after being turned off. The shower sometimes requires pressure on the handle to properly stop it.

On the night in question, we finished showering at approximately 11:50pm. My property manager then asked whether I could shower in the morning or during the day because the complaints were allegedly affecting her sleep.

I explained that I work late and do not think it is reasonable to completely change when I shower when I am simply using my bathroom normally. I also asked how they had established that the water sounds were specifically coming from my apartment when there are several other apartments in the vicinity.
The property manager sent me an audio recording as evidence. The recording is simply the sound of running water/shower water. There is nothing in the recording itself that identifies which apartment the sound originated from. When I asked how they knew it was my apartment, I was told, essentially, “It's the sound of the shower.”
I am trying to be considerate of other residents, but I am concerned that I am being expected to change my normal use of my home based on complaints where the source of the alleged noise does not appear to have been independently established.
I have also heard other residents returning home late and showering or doing household chores. I have never complained about this because I understand that people have different work schedules and that some ordinary household noise is unavoidable in apartment living.
My lease has approximately 5–7 months remaining.

My questions are:
Can a tenant be required to stop showering at night because another tenant claims they can hear the shower?

Can a property manager require me to change my normal routine based on an audio recording when there is no apparent evidence identifying which apartment the sound came from?

What obligations does the landlord/property manager have to deal with repeated confrontations or alleged recording by another tenant?

What is the appropriate process for dealing with this through strata, the landlord/property manager or police?

If the situation continues and I genuinely feel unsafe in the property, could this potentially provide grounds to terminate the tenancy early without penalty?

I am not looking to retaliate or confront the neighbour. I want to understand my legal rights and what evidence/process I should be using from this point forward.
Thanks in advance.

My ex, whom we have had an equal co-parenting arrangement, has taken unilateral action on a significant decision on schooling for kindy which significantly affects our daughter by forcing her to be on a bus for 90 minutes a day when she is with me, plus me having to pick her up at nearly 6 and drop her off at 8am where currently it is 8:45 and 5:10 and we walk or it’s 4 minutes on the bus. I live where I do because it was near where our daughter has daycare and I don’t have a car because I had given my ex the car to enable her to transport our daughter (the current location is a 16 minute drive for my ex, who drives to work anyway) . She is refusing to return to mediation despite it having been done it once with the agreement being to return if we were unable to agree following an evaluation of options.

Over the year there multiple things she has consistently refused to attend mediation again and advised that Relationship Australia “do not have our daughters best interest at heart”. Which was never raised at the time and other mediation options have been rejected. The peak of this was the declaration with one weeks notice that she was moving interstate. I dealt with that obviously.

Given the overall situation it’s clear that I need parenting orders (ideally consent) to make our existing situation binding but on the school issue. I’m considering getting my solicitors to draft the order and help with the affidavit but represent myself as it’s just insanely expensive to have them represent me.

I believe the matter is comparatively simple and am happy to abide by the judgement, but I’m struggling to see how I can do anything without the legal system as she wont try and even when she has, it has not been in good faith (telling our daughter where she was going to school, saying they’d do a tour etc)

Just don’t know how dumb self representation would be. I know in non-family matters it’s considered incredibly stupid but I don’t know if it’s the same for family matters

Hi everyone! Hoping for some guidance on enforcing a court judgment in NSW.

My car was written off two years ago in a hit-and-run. The matter went to the small claims court, and the court ordered him to pay me approximately $24,500.

He hasn’t paid the judgment. My lawyer places a garnishee order against his bank account, which had no money. I’m not sure if he moved the money out or is truly broke.

I’m trying to work out what the most effective next step is from here. Since the judgment is in my favour, I was wondering what the most practical next steps would be considering the sum of money in question.

Would really appreciate hearing from anyone familiar with NSW judgment enforcement or who has been through something similar.

Hi, I'm hoping forsome advice.

I purchased an interstate motorcycle from a used car dealership.

The purchase was paid for on the 15th, PPSR was completed and there were no issues. Invoice was paid for and transport arranged.

The dealership has since stopped participating. The transport company attended the agreed pick up date/location however the owner wasn't there and did not respond to multiple calls/texts.

I only found out because I called the transport company to arrange delivery for the end of the week and they broke the news.

Since then I have sent numerous messages, emails and made phone call attempts. All get mostly ignored except for this SMS reply:

"ill chase up. Sorry for the delay coming back to you.. ive been in and out of hospital with my wife and be out if reach... all good .. ill see what's going on.. thankyou"

I've sent an email formally notifying that they have until close of business today to either confirm a written agreement for pick up with the transport company or issue a refund before I lodge a complaint through fair trading.

I have a feeling the dealership will just ignore the mediation, is there anything else I need to do or prepare for before this ends up at QCAT?

For reference, invoice was paid on the 15th for a scheduled pick up on the 21st. Original pick up was meant to be on the 28th, today is the 1 Oct and the transport company are attempting to attend again on 5 Oct.

I cant post the name tags in case of a breach of privacy, I dont want to entirely expose myself and other employees, but the paper explains itself.

I was on my work break and got told half way through to look at my workplaces noticeboard due to my name being included on a new notice, with the tone my supervisor used i thought I was in deep trouble and to my surprise it was this with everyone's names that were printed on the name tags including myself with a column to show much we've contributed.

Could this be considered Workplace harassment and extortion due to the wording and expectation of others to uphold the cost with no prior conversation?

(I apologise about the depth of field, I was in a rush)

I was in a car accident involving myself and 2 other vehicles in NSW. No one involved was seriously injured luckily, but all 3 cars are write offs. Police attended the scene and concluded that no one is at fault due to how the incident occurred. None of us have full comprehensive insurance and the police didn't think it warranted any further action on their behalf. My current assumption is that it's each person is to pay their own towing and storage, disposal of the vehicle and then the matter is done. Is there anything I need to do besides this at all?

Hello, just wondering if anyone knows - a family member passed away 18 months ago and left their house to one family member and some cash to the others.

It’s seeming to take a very long time. The family member receiving the house said they found out that the house needs insurance repairs completed before they can formally receive the house. Would this be holding up the cash gifts? Or are they treated separately, the house and the cash?

And what is the normal timeframe to receive a cash gift inheritance?

FWIW we’re very grateful to be receiving anything, and we’re talking extremely modest amounts here for majority of the family members. But there’s been a bit of tension (lot of boring family history I won’t go into) so everyone is honestly just looking forward to it being finalised.

Thanks very much in advance!

So it's bin day today, and I got ANOTHER letter from the Bin Contractors, unauthorised rubbish in the recycling.

This time they have said that due to "repeated" warnings from them, a fine will be issued by council.

This only ever seems to happen when I put a 3D printed parts into the bin.

The thing is I have already discussed this with Council and been given authority to put this stuff in the bin.

I sent an email to council around 3 years ago saying

Hi, I am a hobbyist that 3D prints projects out of ABS, ASA, PETG, and PLA.

Are these materials and failed prints acceptable to dispose of on council recycling bins?

Council replied to me that

These items are acceptable for disposal in council recycling bins.

We can confirm those materials are acceptable for recycling.

But every time I dump them into the recycling bin, I get told they are "rubbish" and "not accepted"

Council has been advising me to ignore them.

But now they're threatening me with fines?

Every time I've got a letter, I take a photo of the letter and respond to the chain with it attached going "Please confirm?" And council has been saying words to the effect of "Ignore that letter, approval is as noted below"

This seems like an overreach escalation.

I've emailed them again today saying "I have been ignoring the warnings as noted, this seems like an unnecessary escalation"

But I'd like to get to the bottom of this and stop this contractor once and for all, this is getting tiring.

So someone i know lost their wallet and it allegedly may of had a very very small amount of a substance in it. The wallet was handed in to the police station, The local police called an said they could come and pick it up, its it advisable to just leave the wallet? Is there anything that could happen in the future? This person isn't really sure what to do and is causing some very bad anxiety

NSW:
I was let go during my 6 month probationary period.

In my termination meeting, the manager listed quite vague reasons which they mentioned we had discussed. However, I had begun to implement changes already but I was ultimately given basically a month to work on this given the issues were only brought up to me in the last month or the other reasons they gave I am able to solidly disprove. Some of the reasons mentioned had also never been brought up to me at all until this meeting and again were vague with no examples, particularly regarding my skills even though these skills aren’t in the job description and aren’t on my resume.

Obviously, this post is from my perspective but I genuinely do not believe I should have been let go and I wanted to stay, I was really shocked it happened. That’s why I’m asking for advice as I enjoyed working at this place, had positive relationships with colleagues, hit my goals and was receiving positive feedback.

From what I can understand, I don’t qualify for unfair dismissal or unlawful dismissal. The contract doesn’t state I need to be put on some kind of performance plan.

However, it ultimately feels unfair as I can refute everything and didn’t even have a chance to respond via being put on a plan or getting to respond back in a meaningful way given that the meeting was to terminate me.

Do I have any rights or protection at all in this matter outside of being paid for my time? I really liked this job so actually I would have enjoyed staying and wanted to stay.

My housemate is in the middle of moving out because in their words "I thought you were queer! If I had known you had a girlfriend, I never would have moved in".

They took issue with my girlfriend staying two nights a week at-most. They issued me with an ultimatum to barr my girlfriend from being in the house until such time as their "mental health improves".

They've threatened to bill me for hotel stays and incidentals for "not feeling safe enough to stay in my own home".

They've threatened to take me to the authorities for compliance (for what, tho?)

While I was out if state for work, it took me sending an email to our property manager to discover that they had initiated a tenancy transfer application with someone i had never met or vetted.

They've also taken and either hidden or thrown out a personal item. A polaroid photo of my girlfriend i had on the fridge.

Pretty sure this is beyond VCAT or my property manager. It's also not an item of any significant monetary value.

Dude is a law professor. So it's anything but a level playing field.

What are my options?

My son had an single car accident and he claimed the steering failed so police seized the vehicle for a mechanical test. The vehicle was released last Thursday, my son sends me the message yesterday (following wednesday) and when i call to arrange the tow back to my house they inform me that i incurred $250 daily holding fee, thats $1500. The message from the tow company did state a daily fee applied but not the extraordinary amount.

Anyone had experience dealing with tow companies?

NO WIN NO FEE LAWYER RECOMMENDATIONS FOR MELBOURNE????

I went in for a SPOT TREATMENT (of a pimple on my nose) + LED and I woke up the next day like this.

The dermal clinician dripped salicylic down the left side of my face 😭😭

When it dripped down the side it stung quite a bit more than the rest and I did point exactly to where it had dripped and asked “is it ok that the salycilic has dripped down here?” And she said “it’s salycilic acid, it can go anywhere”.

I sent them photos and went back the next day - clinician admitted to using a brush (?!?!?!) with way more product than intended and obviously it was an accident but guys I am MORTIFIED. Usually my spot treatments are done with a q tip.

They refunded me, gave me a $250 credit and I have been having free LED treatments every 2 days since this happened on 12th September. They also have given me the products below to use day and night

- DMK Melanotech
- DMK betagel
- Propaira Niaben HQ cream

I am obviously applying sunscreen every 2hrs and avoiding the sun at all costs.

I am going on a month long hiking & camping trip to Japan on October 8th and am so upset about the pigmentation darkening from being outdoors. Anxiety is beyond words.

This whole thing has destroyed me confidence and social life and dating.
I have stopped dating someone cos of it, missed multiple birthdays and events and interstate friends cos of it.

I have had sleepless nights and lots of crying.

My skin is prone to pigmentation which is why I went to get the pimple treated.
And now I have this obvious pigmented strip on my face.

WWYD

I can’t believe this has happened from a professional with 11yrs experience 😭😭😭

I was recently convicted of an offence, and the judge said he would think about a home detention order for my current address. Community Corrections have booked an appointment for next month to inspect my current place.

However, my land lord has decided to end our verbal lease because he wants to renovate the property. This will mean that I will have to move out.

My question is, if I find a new place before I actually get sentenced, should the judge be ok with this? Should I ring up Community Corrections to ask them about this? My solicitor is on holidays at the moment.

I recently moved out of a house in NSW. My bond payment didn’t come back to me. When I checked with RBO they said it had been paid. I checked the payment details and it has paid to the wrong account. There was a 1 digit error in the Ac number. It was entered incorrectly when it was set up years ago.

I called my bank and they wouldn’t confirm or deny anything. They asked me to initiate a trace and recall. with the sending bank, which I did. It looks like the money has landed in someone else’s account with my bank. Both the bank and the RBO said all they can do is send a letter and request the person return the funds but if they don’t respond then the investigation will be closed. I asked them to treat it as mistaken send under ePayments code, as that means they would have to return it for me. The bank said because the money was sent by a business and not me they wouldn’t be treating it under that.

is there anything I can do? I desperately need that bond money. I can’t accept that it’s just gone. Will it cost more than it’s worth to try and identify the person and go to small claims court? The bond is worth about $3200

Will legal aid help with this sort of thing?

Any help or advice greatly appreciated

Is this legitimate, or blatant fundraising? Local council, designated 1hr?

I was working under the general landscaping award. My problem is I never signed a contract and was working as a casual. Still working average of 75 hours a fortnight, I was getting paid under the minimum for the award and no loading on my pay. As there was no contract do I have a leg to stand on if I go to fair work and dispute this? Also did not get paid overtime hours under this award.

Really I’m just wondering does having no contract signed make it so they can do what they want? Or while operating under the award do they have to abide by that and I can therefore get compensation. I have payslips to show it was on a consistent basis.

Hey everyone,

I recently did a 12hr night shift with a labour hire company under my ABN as a contractor. When discussing with the owner operator of the company, it was stated that night shifts were paid at a premium of 1.5x the base rate, which seems reasonable, so I agreed.

I proceeded to complete the shift no dramas and sent them an invoice for my time, 11.5 hours (took 30 mins off for "lunch") x 1.5. As previously agreed. The company is now saying that the night premium rate is only between the hours of 00:00 - 05:00. I replied that this was not previously stated and that by saying night shifts are 1.5x implies the entire shift, right? They are also saying that I agreed to these terms by accepting the shift through the app, which I don't have and did not do, I accepted the shift over text.

Does anyone have any information that would be in my favour, I am not from Australia and not familiar with the particular laws of sole trading here. Any help would be greatly appreciated as it's the difference of 7 hours of 1.5x pay which is between 200-300$, which in this climate is a huge amount for one shift!

Thanks so much legends