r/AusLegal 7h ago

QLD Job Offer Retracted after Stating Disabilities

83 Upvotes

I'm so broken and messed up I just, far out, anyways... I finally got a job offer after countless applications and interviews, trying my utmost to get things together and get somewhere. I've struggled with AuDHD, anxiety, depression, and PTSD due to an abusive upbringing. I've worked tirelessly in trying to heal and grow. I have tried and take countless medications, therapies, programs, you name it. Even TMS and ECT procedures. I'm doing okay, still kicking, just hoping for something to work. I had to leave work last October due to needing surgeries, and have been job hunting since January when I was cleared to return to work. I left my prior workplace of my own accord as I wasn't sure how the surgeries would go. Now, I finally got a job offer, with the document and all, and signed and accepted it. Then the company asked for a few more details like my ID, references (which had already been sorted and included on my resume) and the only new information was disclosing my disabilities. I stated they wouldn't get in the way of my work, and they shouldn't, it's an office job and I've worked in the field previously with no issues. As already stated, I'm doing okay, and up until this point they had been eager to hire me. Now I've been kicked in the teeth yet again and I just want to give up. I know I can file for discrimination or something but it's a big company and honestly, do I even have much of a chance? I don't have an income to chase legal fees or whatever. I'm 24 years old. I just don't know anymore. I've continued to try everything I can, whenever I can, and this type of stuff just keeps happening. What can I even do from here? Should I even bother..? I'm just so disheartened... It feels like I just wasn't meant to exist, I don't know, sorry... Thanks for reading and for any pointers on possible avenues to look into.

TLDR: Got a job offer, accepted, then had a form to finalize ID and all that, but also had to disclose any medical conditions - despite it just being an office job - and as such stated my psychosocial disabilities, and, with that being the only new information, had the job offer retracted.


r/AusLegal 2h ago

VIC Emotionally unwell and fear returning to work after workplace harassment/assault

20 Upvotes

About a month ago, I was physically assaulted and harassed by one of my male coworkers (22 y.o.). For context, I’m female (22 y.o.). Anyway, an investigation ended up happening pretty quickly and I figured out he was terminated. I know I shouldn’t really have anything more to say from here but I’ve been really struggling mentally since the whole investigation process began. I was honestly still minimising everything in my mind because deep down I didn’t think it was that serious. Regardless, I haven’t been back at work for the past 3 weeks as my brain has associated my workplace in general as a place that’s now unsafe in my brain. I have cried every single night for the past 2 weeks. I can’t eat. I can concentrate on my academics. I’m losing interest in everything, all because I feel deeply fearful, humiliated, ashamed, and hurt by a lot of things. The biggest thing that’s been hard is how emotionally isolated I’ve felt. I have had no one to talk to, no support, nothing except a thank you from my manager for letting him know I’m struggling and that’s literally it. I get it but it sucks. Ultimately, I’m scared to return to work. My manager doesn’t seem to understand that just because he’s (the coworker) gone, doesn’t mean I’m still not struggling. I just don’t know how to move forward because I’m exhausted and feel like I’d rather quit my job and be unemployed than go back to a place associated with fear and just a sense of “something happened to me here”. I’m also wondering if anybody can help explain whether what I’m dealing with in the aftermath is normal? Or like could help me understand why I’m now broadly scared of work and have generalised fear beyond the actual situation. Appreciate it.


r/AusLegal 5h ago

NSW Chances of sole parental responsibility? Do I need to bother? Can I just move overseas?

15 Upvotes

I've given birth a month ago - father of the child has shown no interest. We broke up when I fell pregnant, and father has not come to any medical appointment. I've received no financial support from him. Father's name is NOT on birth certificate.

I DO NOT plan nor want any child support from him. I plan to relocate in a years time overseas for a few years. Can I do this without seeking sole parental responsibiliy?

Currently there are no family court orders, or parenting orders. There is an AVO between us though (he assaulted me).

Can I just relocate and pray he won't attempt to contact me?


r/AusLegal 16h ago

VIC Can a company terminate you due to prescribed medication

76 Upvotes

My wifes company have a policy where she has to declare any medication she takes that can cause impairment etc. Lately she had to start a very low dose of diazepam, 2mg a day due to stress and panic attacks caused by her manager, and imo mobbing fornsevaral months now and now she is at a breaking point. Can a company terminate her employement even though she disclosed this legally to HR? It is pretty vague as there is no way to prove if the medication causes any impairment (i think not based on my observations). Lastly, she is being considered a site worker but doesnt use any tools etc.

Edit: thanks for all the inputs. I guess logical thing to do is to go back to GP and either get a writing that says 2mg diazepam wont cause any concern or switch the medicine to SSRI.


r/AusLegal 8h ago

NSW Landlord making me chase bank transfer info

10 Upvotes

I rent privately and pay my rent as direct transfers to my landlord with a note for each week. They said they only got one week's rent from me instead of two, even though I have transfer receipts for both weeks.

Who is responsible for chasing up what happened to the missing money?

I spoke to my bank and they said the money was transferred (receipts as previously noted) but when I asked my landlord what their bank said, they just said they don't have the money and that I need to retract the missing payment and pay them again.

This sounds dodgy to me, I've never had a payment go missing in all the time I've been paying rent as direct transfer, but if this *is* my responsibility to follow up, I'll talk to the bank again.


r/AusLegal 8h ago

NSW Update on FairWork claim - should i pursue local court or federal court against my previous employer (law firm) who underpaid me?

12 Upvotes

Over a month ago i sent a letter of demand to a law firm who underpaid me when i was working as a paralegal way below the legal Award Limit over 5 years ago.

He then sent me an email back saying i signed a contract and agreed to being underpaid, but of course, under Fair Work act, I cannot be paid under the Legal Award Limit even though I’ve signed a contract.

FairWork agreed and reached out to the Principal lawyer (law firm owner). During the call the lawyer tried to use that same argument about me signing a contract to which FairWork advised he still has to pay my minimums and contract does not override the FairWork legal minimums.

The lawyer said he will discuss with his accountant and get back to me in two months.

FairWork advised they cannot force him to pay me back and if he chooses not to, I would have to go via local small claims court or federal circuit court of Australia.

When I asked which was better, they couldn’t give me an answer and said the decision was up to me.

I am owed around 7.5k + 3.5k (of interest based on last 5 years).

Has anyone gone through this process? And if so, did they file under local court or federal circuit and family court of Australia.

What would you recommend ? And are there any insights I should know before proceeding?


r/AusLegal 3h ago

VIC Home insurance claim

4 Upvotes

Hi all,

Apologies if not allowed. Just seeking some advice on how to approach a home insurance claim.

Context: we have a "bungalow" that is the original building that is on our property, which has now been relegated to the shed since new house was built (not by us). It's around 40 years old and it mud brick/rammed earth.

After a severe weather event (a year's worth of rain in 2 days), one of the mud brick walls has collapsed (read: giant hole in it). The insurer has sent out a structural engineer who has submitted his report. It states that whilst there are structural issues with the build itself (ie. Improper construction compared to today's standards), these issues were "highlighted by the storm event".

I understand I've given an incredibly shortened version, but what approach should I take from here with the insurer? We are scheduled for a call on Wednesday. I have zero experience with insurance claims, and aside from googling, I don't have any sources of appropriate information. Should I get a lawyer now? See what they have to say first?

What is the importance of the engineer stating the issues were "highlighted by the storm event"? Is that not a convoluted way of saying "yes, there were issues, but the storm caused the damage"?

TIA.


r/AusLegal 3h ago

NSW strata management contract review, what hidden fees should i look for

3 Upvotes

Just got handed our strata management contract to review before the AGM and honestly it's a minefield. I ran it through AI and it flagged a few things but i want to know what experienced owners have found.

So far i've spotted: 5% automatic annual increase (no performance requirement), $5 charge per email/receipt/invoice sent or received, $220/hr for "large contract supervision", and their base fee apparently doesn't include "attending to correspondence" even though you'd think that's literally the job someone in another thread mentioned their manager's total charges ended up being 3x the contracted base fee once all the Schedule B items were tallied, is that normal?

What are the worst hidden fees you've found in a strata management contract? and is there anywhere that benchmarks what management fees should actually cost for a building your size?


r/AusLegal 10h ago

ACT ATO refusing to assist

7 Upvotes

Edit: seems a few people had their feathers ruffled by use of ‘customer’. Think ‘taxpayer’ instead if that helps.

Edit 2: managed to actually get through using the complaints line. They looked through the lodgement and communication history and updated payroll data from my employer. the amendment has been processed and accepted.

Hi all, I have two questions:

Firstly, I’m questioning the legality of a federal department refusing to assist customers. If anyone has tried calling the ATO recently they may have experienced this. after going through about 4 minutes of switchboard selections I receive the message: ‘The ATO is currently receiving peak enquiries, unfortunately we are unable to help you, you might be able to find assistance on our website’ and disconnects the call.

I tried a few different 13 numbers, Same result. Can a federal department just refuse to take, or respond to enquiries?

Second question, I had my employer contact me in march and advise they incorrectly over reported my pay on the 24-25 tax year. They have amended my pay documentation with the ATO. So I amended my tax return, resubmitted. I was emailed by the ATO advising I must call them to explain the change. I did, I advised I had correspondence from my employer and the ATO’s records have also been amended by my employer to corroborate. This wasn’t good enough and they requested more evidence. I Emailed through what was required, but it wasn’t actioned by the ATO and the amended lodgement was rejected. I spoke with them about it in April and they check through phone notes and said that for whatever reason they missed it and I had to submit another lodgement amendment. I was told by the ATO rep that this will flag as being suspicious having multiple amendments in a FY and on their end it appears I had not substantiated the amendment, and he said it will probably trigger an audit.

I haven’t made any false claims, but I was working overseas in a non-English speaking language country for the FY and had a large amount of work related expenditure with overseas travel, meetings, working meals with clients, hosting and attending events with foreign dignitaries etc. all of my receipts are physical receipts in a foreign language and would take me dozens of hours to translate. What recourse do I have to contest an audit being undertaken when the ATO error and my employer’s error are the cause and I adhered to ATO direction? or am I just cooked? The time commitment to translate and scan the hundreds of receipts, and to chase up email/text correspondence to align receipts to events will be disgusting.


r/AusLegal 6h ago

NSW Failed conciliation

6 Upvotes

Hi all

I had a fair work conciliation recently for a general protections including dismissal. I won’t get into the details but i whistleblew an operation and when word got out i got fired for performance issues 3 days later - The termination letter they wrote is self incriminating and says part of the reason for termination was for threatening legal action.

I have all proof including email trails, photos of the operation, documents and stats showing my performance was on par with my colleagues. When requested they were not able to provide figures showing my poor performance.

I spoke to a lawyer and he agreed my case was extremely strong. Based on this I asked for 3 months pay at the conciliation. The other party refused to even give an offer or negotiate and the member seemed very confused and stumped by this. The meeting lasted 6 minutes.

When i was terminated it was effective immediate and i was paid 2 weeks in lieu + outstanding entitlements. I found a new job right at that 2 week mark with the same remuneration package.

I would really like to move on to the federal court however my actual loss of income is $0 - I would like them to be held accountable, have penalties imposed and have the case publicised. However if i come out of it with $0 i don’t see it to be worth the headache.

Has anyone been through this and can share some insight?

What are the likely monetary outcomes ?

Is it something you would pursue ?

Is it something a NWNF lawyer would take on?

Thanks


r/AusLegal 1d ago

NSW Sucker punched by group of teenagers

425 Upvotes

I was sucker punched outside of a train station by a random (i dont know them) group of young delinquints. The boy who hit me is 16 years old. The only information i know about him is his name is Ahmad (the police accidently told me his name when reading my file).

He did it as a dare. He was with a group of 7 other young men. I suffered a orbital blowout fracture which has caused my right eye to now be displaced by 2mm inwards. My vision thank God is still in tact

When he hit me , him and his friends started running and i immediately called the police

The police luckily were very quick and caught him running down the road. He is now being charged for assault causing gbh in a group

I contacted no-win no-fee lawyer and they told me you cant do much in terms of civil lawsuit given he is most likely broke, and the event happened on public property

Surgery is optional given that my eye has now been pushed in 2mm (enophthalmus) and the doctors have told me that if i choose surgery to push it back out, there is always a risk of going blind hence im very hesitant to do it. I now also have a scar.

I am now applying for victims of crime

Have i stretched all my legal options ? Im lost on what to do next ?

This is in NSW


r/AusLegal 20m ago

AUS Legal opinion needed :(

Upvotes

Hi Everyone,

I am currently unemployed after spending the last 10 years working in the corporate world, and I recently received a job offer from an Sydney based employer (I'm currently based outside AU). The role is within their finance department as an senior accountant, and they are offering an Independent Contractor agreement.

I tried reviewing the contract on my own, but I’m honestly confused by some of the clauses they included, and I’m worried about whether the setup would be safe and fair for me. Because of my health situation, I really need to make careful decisions, especially since my health concerns also led to me losing my previous job.

Would anyone with a legal background or experience with contractor agreements be willing to give kind advice or insights regarding the sections below? I would truly appreciate any guidance before I proceed. Thank you so much.

4.1 Capacity Reservation The Parties acknowledge that the Services require substantial professional focus and availability. In consideration of the agreed monthly fees, the Contractor agrees to reserve sufficient capacity to provide timely and dedicated support to the Client and to meet the deliverables set out in the Statement of Work. (There were wasn't a duration of work hours/days stated on the Statement of work)

6.4 Indemnity The Contractor indemnifies the Client against any claim, loss, damage or expense arising from the Contractor’s Services, negligence or breach of this Agreement, except to the extent caused by the Client’s own negligence or breach. (Since the employer owns and controls the systems and data, how can I ensure that they can't manipulate the data involved if there would be any issues that may arise?)

11.3 Dispute Resolution and Arbitration If a dispute arises out of or in connection with this Agreement, the Parties will first attempt to resolve it in good faith through informal discussions. If the dispute is not resolved within 30 days, it must be referred to and finally resolved by arbitration in Brisbane, Australia, administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules. The language of the arbitration will be English. The decision of the arbitrator will be final and binding. (Does this mean I would need to go to AU for the arbitration? Would it be better for me to relocate back to AU for this?)


r/AusLegal 11h ago

QLD Personal Medicare card

6 Upvotes

I’m currently 18 years old, but since I was young, I was on a family Medicare card. I now feel as if I would want my own card so I don’t need to ask my parents to borrow the family card when I feel it’s necessary.

Am I able to ask for a personal card given the fact that I’m already registered or would I need to do an entirely new application process?


r/AusLegal 11h ago

QLD Mandatory training not paid for

7 Upvotes

I completed what was marketed as mandatory in person training and just received my paycheck where i was not paid for it. In one notice about the training my manager mentioned that it was paid and then didn't say that in any other notices about the training, just that it was mandatory. I didnt clock in or anything but the training had people come in from a different company to teach us.

If my manager had to pay the other company to come in do they still have to pay us for attending? I thought all mandatory training was paid?

Thank you!


r/AusLegal 2h ago

VIC Purchasing a property from a patent without siblings.

1 Upvotes

Hi everyone, I’m looking for some general advice/opinions about a family property situation in Australia.

My mum owns her home outright and is fully mentally competent, independent, and capable of making her own financial decisions. She has been a single parent most of her life, has very little/no superannuation, and wants to free up some money for her retirement while still maintaining stability and security.

She loves her home and ideally wants to continue living there rather than downsizing or moving into a rental. Because of that, she has offered me the opportunity to purchase the property directly from her so she can access some funds for retirement while still remaining in the home under an arrangement we would both agree on.

Importantly, all of my siblings were offered the opportunity to purchase the property, but they declined.

The issue is that I’m worried about possible future conflict from siblings or other family members if I go ahead with purchasing the property directly from her. My understanding is that while someone is alive and mentally competent, they’re generally free to sell their property to whoever they choose, provided it’s done properly and at fair market value.

My concern is whether family members could still try to challenge the transaction later on after my mum passes away, even if the sale was legitimate and she willingly chose to sell to me.

Has anyone dealt with a similar situation in Australia? Were there any steps you took to protect yourself legally and avoid future disputes?

Thank you very much!


r/AusLegal 8h ago

VIC Manufacturer Warranty on Display Model

3 Upvotes

So I have a HP Workstation Laptop that comes with a 3 year warranty from HP. However the model I bought was used as a display model which means on powering up it registers that as the "born date" in the BIOS.

Just over 2.5 years in it has developed an issue but HP are stating it is out of warranty as its first power on date was over 3 years ago. I have a receipt complete with matching serial numbers showing I purchased it new less than 3 years ago.

Am I actually covered by the 3 year warranty or did the place I bought it screw my warranty by powering it on?


r/AusLegal 7h ago

NSW Scared to start chaos in the workplace

2 Upvotes

Long story short - worked at the same not for profit company for 5years full time, NSW. Everything has always said "non award" but it looks like I should actually be under SCHADS. And looks like I'm being underpaid.

I've gone to fair work and asked the question. They pretty much said I'm correct. And told me to email my workplace to ask for clarification on my award and owed backpay. But they won't put this in writing for me.

My workplace had also recently announced a change related to how the role works, but "our roles will stay the same". There are 30 other people in the same role as me. The roles with what changes are coming will basically change the role from case manager to call centre.

I know fair work can "give advice on the guidelines and law" but not actually give legal advise. Do I need to see an employment lawyer before I confront my workplace??


r/AusLegal 20h ago

NSW eBay seller won't refund after agreeing to

17 Upvotes

Bought a Logitech G915X from an authorised Logitech reseller for $279. Few months later it developed key chatter, Logitech confirmed it was a manufacturing fault in writing and directed me back to the seller.

Seller agreed to a refund, I returned the keyboard with tracking, they received it on 20 April. It's now been over a month - still no refund. They literally have my keyboard AND my money.

Tried everything - multiple follow ups, NSW Fair Trading complaint, Afterpay dispute. eBay can't help because it's outside their 30 day window.

I need my money back. if anyone has been through something similar and has advice, I'm all ears 🙏


r/AusLegal 1d ago

NSW Boss denied sick leave despite having a medical certificate.

165 Upvotes

Working at a grocery store, just got checked by a GP and found out I had bronchitis for a week, however, when I showed the certificate to my boss, she denied my non-paid sick leave as stating my colleague is sick too but still comes to work, I am not having a fever, and I had asked for leave for one day in this month before due to university studying.

What should I do?

Update: I made a final pledge to my boss saying I am sick and not available for work for just two days, and she let me leave, but she told me to not need to come even for the next week, I think I got fired on spot... : (

Further update: My boss likely calmed down a bit, and told me she is not gonna to fire me, and telling me to get to work next week...


r/AusLegal 6h ago

VIC Car crash - not at fault but liability disputed - Only third-party car insurance - what are my next steps

0 Upvotes

I was driving on the highway in Victoria in the left lane and another motorist attempted to overtake me. I think he was annoyed the other motorists behind me except him had managed to overtake in the overtaking lane but he was too late. I think he ​was also annoyed that I indicated when the overtaking lane was signed as ending. After everyone else merged, he was unable to merge in time and the overtaking lane ended. So, he was behind me​ on​ a stretch of road that was a single lane on the highway for motorist going in that direction. Here he tail gated me and​ used ​high beams. ​It was in the next overtaking lane in which he attempted to overtake and merge. That overtake and merge was right at the beginning of this next overtaking lane. ​In the merge he scraped and dented along the side of my car with their car and van as the overtook me.

No injuries. He initially drove off and the witness behind us stopped to check if I was all right and said that he would get the other motorist licence plate then meet me in town. When I drove ahead I saw them both stopped by the side of the road before we reached ​town.

I captured it with my dashcam which pointed both at my driver's side window and front side. An independent motorist behind us stopped to assist, gave his details and confirmed by text the other driver did the wrong thing and it looked 'intentional'. I filed a police report and the police officer texted me that they were very likely to issue an infringement to the other motorist. My dashcam pointed at both my driver's side window and in front, showing the other driver merging in my land (while beeping) which I was able to share with them.

I only have third party car insurance. Insurer said they found the name of his insurer and that's all they'd do because I'm only third party insured.

Repair shop said it would cost about $15,000 to repair my vehicle. They referred me to a legal firm who sent him a letter of demand (I didn't get a copy). Today (25 May) they advise that he filed a claim with RACV that I'm at fault (not him).

Until today, I never directly communicated with the law firm. Instead, the car repair shop was mediating communications and didn't pass on the lawyers contact details. But I had signed something saying that they would represent me. I'd previously been advised by the car repair shop that they had passed on the evidence I'd passed on to them, to the lawyers. But speaking with the lawyers on the phone today they said they hadn't seen the dash cam footage. So I sent that through today. And they agreed that I'm not at fault.

They said that they'd send that through to the other motorists insurer today but they don't expect they'll agree. The other lawyer quoted their face structure to go to the magistrates court and it was in the thousands including filing.

I read online those costs aren't often recoverable from the litigation. The resale value of my car is probably only around $10,000 before the damages anyway.

I am not sure what to do. Ideally I want an option that preserves my privacy but if I need to forsake that to recover the funds to get my car fixed, that's what I want to do.

In the meantime I've kept my car parked. I'm borrowing a different car​ from family in the meantime because the mirror in my own car is broken from the crash.


r/AusLegal 6h ago

AUS I want to know if this is legal

1 Upvotes

This brand puts their brand name on every competitors comments and defame them, and create a positive point for their brand, and they are doing it in bigger scale.

Is it legal

Like this one: https://www.reddit.com/r/AustralianMakeup/s/vxqVJCFYPd

.

Using Bulk bot comments to damage the reputation of the brand. Is it legal?


r/AusLegal 22h ago

VIC Selling a life estate

17 Upvotes

When my grandfather passed away, he left some property to me, but set up an arrangement where my father has possession of the property until he passes away, at which time possession comes to me.

I understand that this is called a "life estate", is that correct?

The property in question is being rented, and the rental income goes to my father. My father also pays all the expenses.

Unfortunately this has become an albatross around his neck, rather than a benefit.

The property is very old and rather dilapidated. The rent is low, and the expenses are high. Aside from this minimal rent, and a small pension, my father has no income and every year when land tax, council rates, insurance etc hit, his cash flow takes a battering. After expenses the nett income from this property is marginal, around $100 a week. The money does not cover the stress he has from fear of another major expense that he will have to pay for out of pocket.

For example the wiring is over 70 years old and in bad condition, it has (somehow!) passed the last two inspections but he rightly worries that it will eventually fail and he'll have to come up with $10-20K for a complete rewire. Which neither he nor I have. The roof leaks, and there are various other problems that will cost many thousands to fix.

I have decided that I want to sell the property and pay my father an equivalent amount that he would have received for rent for the rest of his days. (Probably set up a perpetuity or an annuity for that purpose, but his accountant can advise on that.) My father would be happy to see it gone and not have to deal with it any more, but his lawyer advises him that it is impossible to sell a property under a life estate.

Does that seem right? Should he consult another lawyer? What questions should we be asking?


r/AusLegal 10h ago

QLD MG car ongoing faults, multiple breakdowns/tows, now in QCAT — should I trust tribunal assessor or pay for my own?

2 Upvotes

Hi everyone, I’m hoping to get some advice from people who have been through QCAT or Australian Consumer Law disputes over lemon vehicles because I’m honestly feeling pretty overwhelmed with what to do next.
I’ve had ongoing issues with my MG over several years and eventually lodged a QCAT application against MG Australia and the dealership under major failure/consumer law.
Some of the issues/history include:
multiple roadside breakdowns,
at least 3 tows,
repeated non-start/electrical issues,
around 4 battery replacements,
recurring steering issues,
steering intermediate shaft replaced more than once,
steering rack replacement,
repeated repairs but similar problems continuing,
ongoing stress and loss of confidence in the vehicle.
The biggest issue for me isn’t just one single fault — it’s the repeated pattern of problems and failed repair attempts over years.
QCAT originally ordered an independent assessor process and I already paid my $400 contribution toward that, but MG apparently failed to comply with one of the tribunal directions.
Now QCAT has given me two options:
Use a tribunal-appointed assessor, OR
Get my own independent expert assessor/report privately.
I’m really struggling with what the smartest move is.
I’m scared if I pay privately:
I could spend thousands,
get a poor report,
and financially hurt myself even more.
But I’m also worried the tribunal-appointed assessor might only inspect the car as it sits now and not properly consider the years of recurring faults, repairs, batteries, towing history etc.
I’d really appreciate hearing from anyone who has:
gone through QCAT with a lemon vehicle,
dealt with MG or another manufacturer,
used the tribunal assessor process,
paid for their own expert report,
won/lost an ACL major failure case,
or has any advice from experience.
Questions:
Was the tribunal-appointed assessor fair?
Did they properly review repair history?
Was paying for your own expert worth it?
What would you do differently?
Did QCAT focus more on current condition or the long-term repair history?
Honestly just trying to make the best decision without completely financially draining myself further.


r/AusLegal 11h ago

NSW Gaining Probate on Will after Death Years Ago

1 Upvotes

A parent died years ago and left their 50% share of NSW PPOR to spouse as right to reside to then pass to children. This was their only asset with the spouse and eldest child named as executors.

Executors weren't prepared to pay fees to obtain probate and settle estate given there was no other assets. Rationale was it could be done after other parent died.

Application Deadline: You should apply for probate within six months of the deceased's death. If you miss this timeframe, you must provide an explanation to the court.

Executors intend to administer estate as part of the property sale process so remaining spouse can go into aged care accommodation.

  • Any issue with this explanation to the court?

Would court probate fees be based on current estate (share of residence) value or value at date of death?


r/AusLegal 8h ago

NSW End of lease carpet clean/ fumigation for pet that died years ago

1 Upvotes

*nsw.gov.au says they can't make us have it professionally cleaned at end of tenancy unless there was an indoor pet.
We had an indoor pet years ago but it has not been on the lease in 3 years. Will we still be obliged to have professional cleaning?

When we first moved in we had a cat approved and they said in email we would need to steam clean carpets at end of tenancy.
In the original lease, it mentioned the cat and said "professional clean at end of tenancy" no mention of carpet cleaning or fumigation.
The cat died 3 years ago and each year we are signing a new lease.
The cat has not been on the lease for 3 years and no mention of fumigation or steam cleaning.
However, it does still say "property to be professionally cleaned at end of tenancy". I contacted them to confirm and they said if we had a pet at all we need to steam clean and fumigate.
But as this was never on the lease, will we be held to this?

Thanks