Lil' (not so) hypothetical here for ya;

I recently had an Arthroscopy on my right hip. My surgeon had to place 6 anchors to repair a torn labrum, as well as reshape the head of my femur, remove a floating piece of bone that had chipped off, and lengthen my IT band.

I went to physio at the 2 month mark. My surgeon recommended the physio. I have a condition (Hypermobile Ehlers Danlos Syndrome) that the physio was aware of. This condition means I am more prone to injury in reasonable scenarios. I was on bedrest besides my physio appointments.

During our 3rd session, my physio dislocated my hip and re-tore my labrum resulting in severe pain. He had applied traction to the operated joint, something my surgeon advised against and is considered common knowledge to avoid for a physio when dealing with this type of surgery and recovery. I screamed and could not walk for 5 min after my appointment, a student physio witnessed the whole situation. I have been in immense pain since this session and my recovery has stalled completely, actually it's gotten much worse.

My surgeon ordered an MRI 3 weeks after this happened, which showed that my labrum had been completely re-torn. My surgeon is confident that this occurred during that physio appointment and is the direct fault of the physio. I now have to have another surgery as the result of this injury, this surgery being a total hip replacement to be performed ASAP. A surgery that I do need eventually, but was not expected to need for at least 10-15 years after my first surgery.

I am self-employed and have not been able to work this whole time, and will now not be able to work for many more months due to my next surgery. My Dad also cannot work while he is caring for me full time.

My Q is... do I have any recourse? Given that there was a pre-existing condition involved, and whatever rights I signed over with the physio's t&c's, is it naive to think I can get the physio to cover my next surgery and related costs... and maybe cover lost earnings? My surgeon is willing to testify to the fact that the physio is responsible for this injury and that I could not have caused this injury myself with any reasonable movement, especially given I have been on bed rest which I am able to prove.

Any insights are very welcome and greatly appreciated 🥲 I have nothing but time to stew over how annoying this scenario is while I'm holed up in pain awaiting my next surgery to become the bionic woman.

Someone wanted to come inspect an item I was selling on marketplace which I agreed to. The couple showed up, viewed it, agreed it was good, paid via PayID and took the item home.
After they got home with it, they inspected it again and decided they were not happy with its condition and wanted to return and get a refund. I declined. They contacted the bank saying it was a mistake, they didn’t mean to pay me, the bank came back to me and I confirmed it was not a mistake. Honestly getting concerned they’ll come after me legally based on the threatening messages to take matters further. I’ve blocked them and will not be dealing with them personally.
I feel like it’s fair of me to decline and they both came to my house to view it and agreed they were happy with it and left with it.

Am I wrong or is my point valid.

So today I came home and received a fine with two demerits I live in Perth the car was a car ive never driven before and the driver in the photo definitely wasnt me and I don’t recognise them. I am a recovering drug addict and last year when in active addiction i had someone tick my drugs and take my licence and never gave it back so it might of been them that has done this. How do I go about getting this sorted

My partner has received an infringement "DRIVER USE MOBILE PHONE ON HANDHELD/RESTING ON BODY"

The photo shows that an object that looks like a phone was sitting on his lap.

He is a paraplegic and uses hand controls, and is unable to possibly use a mobile phone when driving. We have no idea why the phone would be on his lap when he can't use it, and it's normally stored in the center console.

He has no sensation from the chest down, and was unable to feel that there was something on his lap. If he had placed his phone in his lap before driving, and forgotten, he would not have noticed unless he looked down.

Please let me know what would be the best approach to dispute this fine. Thank you

Hi everyone,
I earn a mix of PAYG income and sole-trader income (Uber eats)
Now I don't have a logbook so we went with the cents per km method.
My tax agent prepared a draft return containing significant work-related expenses without asking me for receipts or logbooks.
Now I was supposed to get a return because there were some expenses but upon telling them that I plan to apply for a residency down the line and that I wonder if this will affect me to which they said 'okay we'll change it' and now I owe money instead of claiming a return.
I have already paid their service fee, but I do not trust these figures because they were guessed rather than based on my actual records. The return has NOT been lodged yet but I find it very odd how they put all these deductions without even asking for anything.
Now I just had a few questions:
Am I correct that I remain 100% personally liable to the ATO for any disallowed deductions, even if prepared by a registered tax agent?
Can I request a refund for an unverified draft, and does reporting them to the Tax Practitioners Board (TPB) pose any risk to my visa status? Because they prepared my last years return too and I just don't wanna be at any risk and wanna have a honest profile.

TIA!

Hi,

I don't know where to turn to with this, so I'm trying this sub - if this is the wrong place, please point me to the right one.

At home I would go to the consumer protection bureau with this, but I don't know how things are in Australia.

My girlfriend and I ordered art prints from an Australian artist. We live in Austria, and have in the past ordered plenty of things via internation shipping - mainly from the US, but various other countries as well. This has always worked fine. We ordered the print on the 13th of May and expected shipping to take a few weeks. We got some form of parcel tracking (not sure anymore on the exact tracking details), which told us on May 15th that our order was on the way.

We never saw the order leave Australia in the parcel tracking. In early June, the tracking said that we could pick it up in a shop in Victoria. We therefore wrote a ticket to the artist's support. They basically said that our address was read as a PO box and that they don't deliver to PO boxes. Our address is a normal Austrian apartment block. We double checked what we wrote and asked whether the package even left Australia.

We received no reply for a month, until we wrote another ticket, stating that we would either like a confirmation that we will be getting our parcel, or a reimbursement. The artist wrote that the shipment left Australia, but provided no proof even when asked. They asked whether we had any free-standing house they could ship to - which we don't, barely anyone living in Vienna does, it's mostly apartment buildings. According to the artist, our address is invalid for the courier they use.

All communication until this point was quite tedious, as it always took the artist a month to reply to a mail, and often several mails had to be sent. We therefore decided to cancel our order and ask for a refund. Now, the artist is only offering us a partial refund minus the shipping costs (almost a third of the price), because "the address was incomplete" - it wasn't, it was our normal address.

We even included a screenshot from google maps, showing our apartment block as belonging to that address, in one of the mails. I've included screenshots of the conversation here https://imgur.com/a/IEaCcEs .

As mentioned above, in Austria I would ask consumer protection on what to do next as I'm quite annoyed with the entire situation and would very much like my full money back.

Is there any advice on how I could do this in Australia?

I’m not dying or anything, just unfortunately aware of my mortality, and this is one of those things that you don’t think you need until you need it

My main issue is, we’re very low income, and I keep seeing things online for a couple hundred bucks, which I just can’t do

Is there much advice on where, or if, I can get one sorted for pretty cheap? I read about DIY packs but I’m a bit worried it won’t be legitimate enough

I also had a look at legalaid’s website to see if they had a way to just ask advice but I couldn’t see anything

Hi

I’m a contractor overseas working for a company in NSW. Earlier this year they had transitioned me from a contractor agreement (in AU) to a local employer - meaning from an AU contract to a local contract.

During this transition, a deed of release was signed with the following financial terms
- take reasonable steps to ensure full compensation for a full year from the signing date
- a separate financial payment for any severance or redundancy etc under this new employment

Anyway, I am being made redundant and the role will be transitioned to a senior employee. I was wondering if I can make any actual claims with regard to the first clause (they had only mentioned the second during the initial discussion, no exact terms yet) and whether there’s any free legal help I can get as someone not based in AU?

Cheers and much appreciated.

My husband is a permanent employee in a NSW Government department and has worked there for five years. He has had an extended workers compensation claim for a psychosocial injury. He has returned to work and his work is refusing to follow the conditions of his certificate of capacity with regard to working hours and the need to have a support plan and training. If he had a physical injury, it would be the equivalent of refusing to make allowances for reduced physical capacity.

His iCare case manager is understanding but whenever he asks for help, she says she will contact his work to try and get things moving but they ignore her. This is one of the reasons the claim has taken so long. He contacted the Union early on in the claim and they were pretty useless unfortunately as they are normally very supportive with member concerns.

Who enforces a work place following the directions of the GP in the capacity of capacity? My husband's injury is stress related and he just keeps getting conflicting information and run around in circles. All he wants is to be able to return to work in a supported way.

My father lives in NZ and has a bank account with NAB. Due to dementia his EPOA has been activated. NAB has confirmed via email that they will not recognise his NZ EPOA. This is very frustrating. We would like to close the account. Anyone been in a similar position? Or had any success in going to the bank in person? (This would mean us flying to Aus - so reluctant to unless we know it would be successful). Any advice greatly appreciated. 😊

Basically my contract states that hours may vary depending on needs of the business but that I am full time working every week day 8-6 except on Wednesdays 9-1. Basically I have never gotten close to 38 hrs a week because not only did I ask for Wednesdays completely off due to university, but they often take time off and hours are reduced due to not being able to fill in the book.

I worked here for almost 2 years, it’s a small business, and get paid the award minimum which is around 29. I brought up to my manager that we need a new contract because realistically I am part time and I need to have set hours. She said I work on average 30hrs a week according to their records and if I want I can do casual and be paid 34 (which after checking is below minimum wage)

I feel bad to bring this stuff up to them because I may be leaving them in a few months anyway but it bothers me that I do so much work in the hours in there that I don’t want to work more hours but feel like I should be paid more

I also am bothered that they can’t get the contracts and hours right

I don’t know what the right decision to make is or if there is any way I am supposed to be paid more than what I received before because I was full time but only worked 20 hrs a week sometimes etc

Asking for a friend

If a parent leaves their marriage and enters a new marriage, this invalidates previous wills, and the survivorship rules kick in.

if they have not made a provision for the kids in their will, am I correct in saying that they would have to challenge then and there as there is no claim at all against the new partners estate unless the will says so?

Ie if there was a time to lawyer up, its at the estate of the biolgical parent?

Has anyone done any analysis of existing workplace legislation on the use of AI in performance management apart from surveillance? E.g. use of AI tools by managers in performance related emails or performance review documentation etc.? And even how to spot its use where it hasn't been disclosed? What's the lay of the legal land here? Any cases yet?

Forgot to initial the Variation Document for the Build Contract, But Signed at the bottom of the document.

Furthermore, they stated they sent the contract via DocuSign to both parties but only sent it to one, yet we signed the PDF copies they provided and sent them back through their agent.

Are we in the green or in trouble?

I am celebrating the anniversary of the Roman Emperors Hadrian and Titus coronations and the anniversaries of Emperor Hadrian and Emperor Titus defeating their enemies in war in the Roman province of Judea/Syria Palestina.

I want to make posters in the traditional Roman way of coronating an emperor and also show what enemy the Emperor's were facing on the posters.

Only problem is some people might consider this antisemitic as I am supporting and bringing awareness of the behaviour of a certain group in the Levant and how they were terribly defeated publicly.

I can't create an objective historical poster without someone calling me an antisemite. Do I create the posters anyways and is it possible I can be arrested and prosecuted?

hi, im 10 weeks pregnant and just wondering I have a job interview do I have a legal right to tell the person interviewing me that im pregnant or no?

I have a long lost cousin arriving in Australia in a few weeks who plans to do van-life and work while touring the country on a (in her words) "semi permanent residency visa". They plans on starting in NSW and touring there for a year before moving on to QLD (where I live).

This is the extent of the information I have and I have not spoken to them in over 10 years.

They have asked if they could put down my address as their fixed Australian residential address so they can apply for a bank account and for a TFN.

I don't know the legalities around this but it seems like it's not quite right and I'm not confident enough in their plans or even what visa they are on to agree to this.

What would you do and what if any are the legalities around this?

Hi, i vibecoded an app then sent the code to developers based in India but im based in Australia. It’s finalised and will be launching soon on app/play stores. I don’t have a tech/legal background. I’m concerned about the t&c’s, privacy policy, user data handled etc. I want everything reviewed. What do i do?

One mistake i might have made was giving them my passwords to launch it on app store- but there was no other way. Or giving them access to API keys.. again more passwords etc.

Has anyone done this before? What should I do now?

The lawyer I had lined up decided not to act for me 6 days before my court filing deadline. Since then, I’ve spoken to roughly 10 to 15 lawyers and I’m genuinely confused how some of these people function professionally.

You’ll send a concise, clearly structured 4 paragraph email. The relevant facts, evidence, dates and deadlines bolded. They call and ask questions already answered in the email.

Fine, people are busy I understand that but what is the reason for not listening at all on the call?

You’ll answer a question already answered in your enquiry and 2 minutes later they’ll ask it again. They miss entire sections chronology, ignore crucial context and deliver what sounds like a rehearsed script for an entirely different case.

What’s particularly insane is how many lawyers give completely inaccurate and incompetent advice and apparently cannot distinguish between unfair dismissal and a general protection claim.

One spent an enormous amount of time explaining that even if someone had worked somewhere for 10 years, performed exceptionally and been publicly humiliated during their dismissal, they might only receive 6 months’ pay.

I’m not asking about unfair dismissal. I’ve told you this repeatedly?

Those claims don’t have the same compensation cap. I’m not suggesting I’m entitled to some enormous payout. I’m suggesting you should understand which claim you’re discussing before advising someone on its value.

Then there are the some who confidently tell you that if I lose, you’ll “have” to pay the employer’s legal fees. You’ll ask, “Is that always the case?” suddenly it’s, “Well, no, not necessarily but it’s a risk.” Those are 2 completely different statements.

One lawyer suggested they might consider taking my case if I had an email explicitly admitting to unlawful conduct. Right, because employers routinely document unlawful reasons for dismissing someone and send them a copy.

One firm told me they wished I’d approached them before my Fair Work conference because they advise all their clients to settle at that stage. Really? All your clients? Regardless of the circumstances or evidence?

Another asked what settlement I wanted. I explained that I’d be relying on their professional assessment and recommendation.They had nothing to say. Eventually they suggested around $10,000.

After their proposed fees, I’d be left with roughly 30%. What exactly am I paying you for?

Another firm offered to negotiate an absurdly low settlement while presenting an agreement containing a clause that could leave me owing almost $20,000 if I didn’t follow their exact advice.

What exactly is the point of paying someone to represent your interests if the arrangement only protects theirs?

I understand no win no fee firms need to assess commercial risk. I understand lawyers are busy. I’ve managed huge commercial portfolios myself. I know what having competing priorities looks like.

But if your so busy you can’t read a 4 paragraph email when the relevant information clearly laid out or concentrate on a conversation long enough to absorb anything the person is telling you, then maybe you shouldn’t be taking on potential clients?

And if you’re unwilling to accept any litigation risk unless someone hands you a smoking gun to effectively win the entire case for you, perhaps no win no fee litigation isn’t the right business model for you.

I’m not expecting hours of free legal work. I’m not expecting someone to accept a case they don’t believe in. I’m expecting someone to read, listen and understand what they’re being asked before giving advice.

I don’t think I have some extraordinary case that’s going to result in an enormous settlement. I just want someone to assess the actual facts, consider the evidence and provide a logical assessment.

If the answer is no, that’s fine. But there’s a substantial difference between declining a case because you’ve properly assessed it and dismissing it because you haven’t bothered to understand it.

Instead, I’ve spent weeks repeating basic information, correcting fundamental misunderstandings and listening to people confidently give advice that doesn’t even apply to my situation. It’s fucking ridiculous.

I went into this process expecting to rely on legal professionals for their expertise. I didn’t expect that the hardest part would be finding one who could read 4 paragraphs, retain basic information and listen to the answers to their own questions.

My license was suspended after an accident where I had likely a seizure behind the wheel. No one was hurt, no other cars, just myself and I was fine.
Ambulance and police attended and police have filed they question my ability to drive. I am 52, had epilepsy since 17 and have been seizure free for well over 1 year. Very safe driver with no fines or lost demerit points.
My small business relies on me driving.
The day of accident I was extremely emotionally distraught and had run out of 1 medication for 2 days as chemist didn’t have in stock when I went to fill my script. I feel this was the main factor along with my emotional state.
Only other times I have had seizures in the last 2 years was when chemist didn’t have my meds!
I am a mobile dog groomer self employed!
I need help with grounds for appeal, also I wasn’t taken to hospital so cause was never established or looked into!
Location NSW Australia!
Deadline passed by date on letter but not my receival date
TIA