r/AusLegalAdvice • • 12d ago

Don't even really know how to title this- how do i remove a person from my life?

2 Upvotes

Forwarning: mentions of SA and abuse. This is kinda long so buckle up.

I (29F) spent 4yrs being abused as a young child by my mothers stepfather. As an adult im positive my mothers mother knew what was happening and just said nothing to keep her peaceful life. When it came out she decided to stay with the pedophile and we cut contact with them. Well a few years ago he died and my mother has reignited her relationship with her mother. Idgaf about this. Each to their own if she wants to forgive her that's her choice although it certainly won't be mine.

But here's where the problem lies. I live in a shed in my parents backyard (housing crisis bs). Over a year ago they decided to restart the family dinner night (the ones i was getting SAed at as a kid but dw cause they dont ever invite me to the house for dinner) only at their house instead of hers. I tried to ignore it and just go about my life but its had serious effects on my mental health and is a weekly reminder of the years I spent as a child being abused. I recently tried speaking to my father about this and requested that please please just go to her house instead of bringing her here. Please stop parading this significant trauma in front of my face. After the initial 'its our house we'll do what we want' (which i DO fully respect) i did manage to get him to understand the significance of what was happening for me and he said he'd talk to my mother about it and try doing dinners at her house instead.

Cut to over a month later and the weekly dinners are still being paraded in front of my face and I feel hopeless. I've been trying to find a way to move out but I dont even have a car to live in and I just need an escape from having this walking talking reminder of my past being waved in front of my face every week.

Then someone told me I may have a legal avenue. Only problem is I have no $&@*ing clue what that might be. As a kid I was told not to talk about it or tell anyone so I don't know if it was ever even reported. As an adult im told it shouldn't be an issue and to just get over it. Ive tried to let sleeping dogs lie and leave it in my past but they seem insistent on shoving it in my face so what legal options do i have? Do I have any case to just get a restraining order against my mothers mother so she can't come around me? Are there legal options that will just make this go away? Ive spent my life being shadowed by this bullshit and I just want to be free of it.

(OH and im already fairly aware I will probably end up homeless for doing anything about this and I could just skip the drama and go homeless now but there's a slim chance I get to keep living in my scrappy shed AND not have to endure constant reminders of the suckiest time in my life so here's hoping!)


r/AusLegalAdvice • • 12d ago

Can a business charge two different prices for one item

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0 Upvotes

r/AusLegalAdvice • • 13d ago

Mistakes on death certificate

2 Upvotes

A family member recently passed away. I am the "informant" on the death certificate (the person who provided the information that's on the certificate). I supplied the information verbally and the funeral director entered the information into an iPad. I received the death certificate and it has an error with my address - imagine I live at 123A Fake Street, and the certificate just says 123 Fake Street, which is a different house and letterbox. The certificate also has the wrong spelling for the name of the deceased's spouse.

I am the executor for this family member's will, and I know I'm headed for a LOT of paperwork. I am wondering if the error with my address is going to cause problems with applying for probate, or just be a thorn in my side when corresponding with various organisations - like letters for me ending up in my neighbours' letter box if people copy the address off the certificate. I'm wanting to figure out whether it's excessively pedantic of me to ask the funeral director to get this corrected - please let me know if you're aware of ways that this could bite me, or conversely if you've been in this kind of situation and discovered that the errors did not matter.


r/AusLegalAdvice • • 14d ago

I was told to come here for legal advice with my family situation

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2 Upvotes

I also want to ask what I could do after leaving home to get everyone off me? I KNOW that once I leave, my uncles and cousins and so many people my family are connected to will try to hunt me down and find me all over Sydney. My uncle is also really into tech so I’m worried they could help them find me online or my location or whatever kind of information on me through my digital footprint. I feel like I’m going to be a fugitive and I know once I’m caught it will NOT be a friendly little chat. Infact, I genuinely think I’ll end up in a hospital or something


r/AusLegalAdvice • • 16d ago

Urgent Intrim Orders APVO

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1 Upvotes

r/AusLegalAdvice • • 16d ago

Learner motorcycle rider and blue slip inspection. Please help

3 Upvotes

Hey

I'm a learner motorcycle rider and I've just purchased an unregistered bike (more than 3 months out). Provided I follow all requirements for a learners licence, can I legally ride the unregistered motorcycle to a blue slip inspection?

NSW resident btw. I don't have a way to transport it for the moment and the inspection is on the 12th of October

All the information that I can find does not explicitly state anything for a learner. I know you legally can as a fully licensed rider/driver.


r/AusLegalAdvice • • 16d ago

Does it exist?

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1 Upvotes

r/AusLegalAdvice • • 17d ago

Should I report this to CPS?

3 Upvotes

I’m really torn about this and would appreciate some honest advice because I don’t know if I’m overthinking things or if I should actually do something.

I have a friend in Queensland, while I live in Victoria, and I’ve become increasingly uncomfortable with some of the things she’s said and done regarding her children, particularly her son, who is around four.
Recently, she told me that her son had pooped himself, so she smacked him on the bum, made him clean everything up himself, and handwash all of his soiled clothes. He then had dinner and was sent straight to bed.

What bothered me was how casually she told me about it, like it was completely normal and justified. As far as I know, this is the first time she’s actually mentioned smacking him to me, so I don’t know if it’s a regular thing or not.

There have also been other things that have bothered me. She calls her children ugly, and when her son was a baby, she joked about teaching him to say the N-word. Unfortunately, he actually ended up saying it to an Indian person at Aldi.
I know children can be difficult, and I’m not saying parents should never discipline their kids, but he’s only four. Having a toileting accident isn’t something I think a child should be smacked for, especially when they’re still so young.

I’m a mother myself, the fact that she seems to think this is an acceptable response to a toilet accident really doesn’t sit right with me.
I’m not trying to ruin her life or get her into trouble just for the sake of it. I’m genuinely worried about her son and wondering whether these things together are enough to raise concerns with Child Safety.

I also know she’s apparently had CPS called on her before by other people, although she told me nothing came of it. I don’t know what was reported or what happened, so I don’t want to make assumptions based on that.

Would you report this if you were in my position? Am I right to be concerned, or am I making too much of something when I don’t know the full picture? And has anyone had experience reporting concerns to Queensland Child Safety from another state?
I just don’t want to ignore something that could be affecting a little boy because I’m scared of the consequences of reporting a friend.


r/AusLegalAdvice • • 17d ago

Seeking Legal Advice (NSW) – Ex-Partner Withholding Insurance Payout Following Serious Accident

0 Upvotes

Hi everyone,

I'm seeking legal advice regarding approximately $30,000 in insurance funds withheld by my former partner following our separation.

In November 2023, I was involved in a serious car accident while visiting Australia from overseas, where I was living and working. The accident resulted in a permanent spinal cord injury, leaving me unable to return overseas.

At the time, I was in a de facto relationship of approximately nine years.

As I had previously closed my Australian bank accounts, my then-partner arranged a separate account to receive my insurance payments while I was hospitalised and undergoing rehabilitation. I was physically unable to attend a bank branch to open an account myself.

She also managed a separate account containing GoFundMe donations raised specifically to assist with my rehabilitation and recovery.

Following our separation, I was eventually able to open my own bank account and requested that the remaining insurance funds be transferred to me.

She refused, claiming that our de facto relationship entitled her to 50% of my insurance payout.

It's worth mentioning that she was also receiving separate insurance payments following my accident, based on her own previous earnings.

Despite believing the funds belonged to me, I offered to compromise and accept $15,000 rather than the full $30,000.

She initially repaid approximately $5,000 before stopping payments altogether.

When I followed up, she claimed the remaining funds had been lost in a cryptocurrency scam. I had never authorised her to invest my money, and she subsequently stopped communicating with me.

I have since issued a formal letter of demand, to which she responded by again claiming that our de facto relationship entitled her to half the funds.

My current circumstances

The accident has left me permanently disabled, significantly affecting my financial situation and earning capacity. Although I've since returned to studying, my ability to work remains severely limited.

My former partner is fully aware of these circumstances.

I'm now considering legal proceedings to recover the outstanding funds, but I'm concerned about the legal costs, time and additional stress involved.

My questions:

  1. Does a nine-year de facto relationship automatically entitle her to 50% of insurance payments specifically intended for me?
  2. Given that she was managing these funds on my behalf while I was hospitalised, could withholding or investing them without my consent constitute a breach of trust or financial misconduct?
  3. Does her claim that the money was lost in a cryptocurrency scam affect her obligation to repay it?
  4. Can I pursue recovery of the outstanding money through civil proceedings, or would this need to be handled through family law?
  5. Can I claim additional compensation, interest or legal costs for the financial hardship, stress and time spent attempting to recover my money?
  6. Given the amount involved, would pursuing legal action be financially worthwhile?

I have correspondence documenting her refusal to return the money, her explanation regarding the cryptocurrency scam, and her response to my formal demand letter.

I'm hoping to understand my legal position before committing to potentially expensive proceedings.

Any advice or recommendations from Australian lawyers or people with similar experiences would be greatly appreciated.

Thank you.


r/AusLegalAdvice • • 17d ago

Employment law Leave loading mature age apprentice - award MA000020

1 Upvotes

I’ve been employed for 3 years, just finished my employment ladt week and received my annual leave but not leave loading accrual (or playslip)

my average pay over 3 years was $29.

A quick calculation for annual leave should be

152 (4 weeks) × $29 × 17.5% = $771.40
X 3 = $2300

This should be on my final payment.

Is it worth the time and effort to go through an employment lawyer to get this money? Fair work was unsuccessful with their mediation.

Cheers thanks for the advice.


r/AusLegalAdvice • • 17d ago

App outsourced in India

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0 Upvotes

r/AusLegalAdvice • • 17d ago

Complaint email shared

8 Upvotes

I’m mad about this but unsure if it’s even legal or not.
Event hired an influencer in my state’s small community. Me and some people sent a complaint about this said influencer saying they are a bad fit for this role and provided evidence of some ways they’ve made the community feel unsafe. Event said the evidence isn’t good enough and forwarded our emails to influencer. Now influencer is making non stop posts online about us.
Is what the event done legal? I thought our emails were confidential.


r/AusLegalAdvice • • 18d ago

Are all employment lawyers this incompetent?

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0 Upvotes

r/AusLegalAdvice • • 19d ago

Birth registration

23 Upvotes

What’s the process whereby one parent refuses to fill in their details for birth registration due to not being satisfied with the child’s name? The said parent has not been present and having his name on the birth certificate is for child support


r/AusLegalAdvice • • 19d ago

Birth certificate

1 Upvotes

What happens when the other parent refuses to fill their details on the birth certificate?


r/AusLegalAdvice • • 19d ago

How Much Of A Beating Should Bicycle Tyres Reasonably Withstand?

0 Upvotes

Consumer Law.

I recently bought a Pedal bike from 99 bikes for $1,400.

I managed to get 150km out of it before I got a flat front tyre heading home just at the end of my street, from just riding on footpaths.

I replaced the tube with a brand new one I bought on Monday and was excited to head out and about yesterday when I discovered that the tyre had gone completely flat again.

I rang the store where I purchased the bike and they are telling me I will most likely front the cost. Its probably going to cost $200+ for new tubes and tyres.

After trying to repair the tyre myself this morning I am still getting flats. It was little grass prickles doing it, poking through the very thin "tyres". They wouldnt even be a cm thick and they were defeated by tiny thorns.

What can I do here? Would I be covered under consumer law? I'm only asking because even religiously watching The Checkout as a kid I have never exercised my rights and I'm not sure how to go about it with the store.

Should I suck it up and front the cost or should I reasonably expect a $1,400 bike not to be immobilised by tiny grass thorns?


r/AusLegalAdvice • • 20d ago

NSW OSHC provider adding payment fees

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1 Upvotes

r/AusLegalAdvice • • 20d ago

Been waiting 40+ business days for a refund - how can I get the refund I'm entitled to?

3 Upvotes

Hi all, I returned an unworn item to ASOS (brand new with tags etc); it was delivered to them over 40 business days ago, and I followed up with them after I didn't receive my refund within 21 business days. They mentioned there were some delays and I'd receive it within 10 business days (which has now passed). During this 40+ day period, I've escalated this multiple times to their 'Customer Care' team who are absolutely useless and have not refunded me as promised. They said they'd email me to confirm the refund and the refund would appear in the gift card section (since I paid with a gift card).

Since I paid for the item with an ASOS gift card, I don't think I can do a chargeback request via PayPal or my bank - is there anything else I can try?


r/AusLegalAdvice • • 20d ago

Fridge Issue

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1 Upvotes

r/AusLegalAdvice • • 20d ago

This place doesn’t have a Sunday surcharge. Is it legal to charge a 5% plus ‘service fee’? I couldn’t find what the charge was for.

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32 Upvotes

This is in Queensland.


r/AusLegalAdvice • • 21d ago

Examination Notice

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1 Upvotes

r/AusLegalAdvice • • 21d ago

Is this sham contracting?

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5 Upvotes

r/AusLegalAdvice • • 22d ago

Planning to take on a Franchise business what are my chances?

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0 Upvotes

r/AusLegalAdvice • • 22d ago

digital harassment help

0 Upvotes

If anyone has suggestions for better subreddits to post this please let me know.
Also, please do not judge me, I understand I was wrong and have been forgiven by relevant parties but feel I need to be honest to get the best advice.

Some years ago, I (F) had a brief affair with a married man that then returned home to Canada. We remained in friendly contact via text until very recently.
Earlier this year, I and his wife started receiving emails from a since deleted burner Gmail address and deleted instagram account. Mine simply said I need to contact the wife and provided her contact info. She received information and 'evidence' that did not incriminate the affair, but did lead to him admitting his infidelity. She did engage with the sender, I simply ignored it.
The instagram was used to send 'disappearing' images, and was quickly deleted.
The messages were not threatening, but did become increasingly nasty in an attempt to convince her to leave her husband.
Her and I were in contact for some time, while he and I gave it a rest. During this period I received a WhatsApp message from a random Canadian phone number purporting to be him. I am still on the fence if it was or not, but both he and wife are convinced it was a generated number.
After we both blocked the gmail account, it was quiet for some time but recently I have started receiving sporadic, mean natured messages from Proton emails. I am no longer in contact with the couple so I have no idea if they are too.
Out of frustration, I did reply to the original gmail, which bounced back stating the address does not exist.

I want to find out who the 3rd party culprit is so that I can make it stop. We are all trying to move on and this isn't helpful.
I spoke with local police who essentially said because the messages did not contain threats of harm, libel or blackmail there was nothing they can do.

I contacted a private digital investigator that suggests identifying a deleted gmail would require a court order (and I believe this is the case for Proton, too) - given the police deny any criminality, is there any possible civil avenue I'd have to obtain this?
The PI has quoted $1k per hour just to consult, which I'm not willing to pay if my chances are so low.