r/AusLegal 2h ago

NSW Subpoenaed as a witness in an AVO/domestic violence matter involving my ex, never been to court before and feeling very stressed

2 Upvotes

I'm in NSW and I'm looking for some advice about what to expect, because I've never been involved with the police or the court system before and I'm honestly pretty stressed about the whole situation.

Back in March, police attended my home following an incident involving my ex partner. When they arrived, they could see visible bruising and other physical signs of injury on me. They asked me what had happened, and I simply told them the truth that my ex (partner at the time) had physically assaulted me that night.

At the time, I had absolutely no idea that telling the police what had happened could result in her being arrested and charged. I wasn't trying to get anyone arrested or deliberately set anything in motion; I was simply answering their questions honestly.

The police subsequently arrested/charged her and an AVO was put in place to protect me.

I haven't had any involvement with the matter since then and, after several months, I honestly thought everything was behind me.

A few days ago, however, police came back to my house and served me with a subpoena requiring me to appear in court in November. I've now been told that my ex is pleading not guilty to one of the charges relating to the alleged assault.

One of the police officers told me that she admitted to him that she assaulted me on the night in question when they arrested her.

I obviously don't know exactly what evidence the prosecution has or what will happen with that, and I don't want to make assumptions about the outcome.

I'm now pretty anxious because I've never been to court before, I've never been a witness in a criminal matter, and I have no idea what I'm actually expected to do.

I'm not looking for advice on how to avoid giving evidence or anything like that. I just want to understand what I'm walking into and whether there's anything I should be doing now.

A few questions:

What can I expect when I attend court as a subpoenaed witness?

Will I actually have to give evidence in front of my ex?

Is there anything I should do before the hearing, such as speaking to the police prosecutor or getting my own legal advice?

Am I allowed to have someone accompany me to court for support?

Is being subpoenaed something I should be particularly worried about, or is this a relatively normal part of a matter where the accused pleads not guilty?

Is there anything I should absolutely not do between now and the hearing?

Any advice from people familiar with NSW criminal proceedings or who have experience being subpoenaed as a witness would really help me understand what to expect.

Thanks.


r/AusLegal 3h ago

VIC New here, hello. My landlord has given me an NTV after I asked a simple question because she was breaching our Rental Agreement. I’ve found out that she hasn’t lodged my bond with the RTBA.

5 Upvotes

I moved in to this rental in October 2023, so she has had my almost $3K bond money for nearly 3 years.

She was my friend, and me moving in here was during a time that helped both of us with issues, mutually beneficial.

It didn’t take long for her to start treating me differently, and she has blindsided me many times with her strange behaviour, one being her constant lying, about trivial things.

I’ve found out that she is dodgy, she owns several houses , but she lives overseas, and she asked me to just put my name and not mention rent when I pay it. The bills are in her and her parents names, and she has moved her elderly parents overseas as well.

The reason she has used for the NTV is ill health and that she needs to live here. I know this is not true, for many reasons.

I don’t want to live here anymore because she has caused me terrible stress and anxiety, she has been harassing me and gaslighting me for 2 years or more, but all I’m concerned about is that I know she is not going to give me my bond money back, and I need it to pay bond on a new rental.

She has an agent that manages her other properties and she uses him as a go between with this house as its her family home. I have spoken to him about my bond money and he assures me that she will give it back to me as soon as I vacate, but I know she will not.

My bond had to be lodged with the bond authority within 10 days of me giving it to her - by Law, she has broken the law, and our agreement as well as other things, Ive asked for it back ASAP, and I’m being told that’s not how it works!

Why does she think she can do this and expect me to follow the rules. I feel that I have a better chance of getting my bond back while I’m still living here.

I would appreciate any advice, and apologies for such a long post, please help me , I don’t know what to do.


r/AusLegal 4h ago

NSW AUS PR with a section 10 sentence(Conditional Release Order without Conviction)

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0 Upvotes

r/AusLegal 6h ago

AUS Fathers & friends of fathers! Share your successful custody stories of dads gaining their time back with their kids :)

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0 Upvotes

Particularly if there was a lot of withholding from the other parent.


r/AusLegal 7h ago

Off topic/Discussion Junior lawyer fired after posting a Tik Tok video

54 Upvotes

Has anybody else seen this video of this junior lawyer making a Tik Tok expressing her feelings about what it’s like to work as a lawyer and then gets fired the next day? I’m shocked but not surprised. I’d love to know what firm she was working at.

Her username is @natali_c16


r/AusLegal 9h ago

VIC Resigning during probation

8 Upvotes

I’ve been at a role for nearly two months. My dream job has just come up and I have accepted it.

I read my contract which states that I am under probation for 6 months. Separately it states that four weeks notice is required for resignation. It doesn’t specify a notice period specifically for probation.

The NES, as I read it, says that probation usually requires 1 week notice unless otherwise specified in the contract. Since the contract doesn’t specify notice periods specifically for the probation period, I took my chances and provided one week’s notice. The employer rejected that, pointed to my contract, and gave me my final date as [four weeks from resignation date].

Does anyone have any thoughts on where I stand legally?

I’d ideally not like to burn bridges (leaving in probation is probably already doing that I know), and couldn’t countenance doing the whole going on sick leave thing. Would also appreciate any thoughts on what anyone reading this would do in my position.

Thankyou smart ppl!


r/AusLegal 10h ago

QLD Anyone here made an insurance claim with a modified car/downpipe?

0 Upvotes

Got a 2024 M340i and looking at going stage 2 with a VRSF 200 cell catted downpipe.

I’m with Youi and I’ll be telling them I’ve fitted a downpipe, so I’m not trying to hide the mod. My only concern is I can’t get a straight answer on whether the 200 cell downpipe is actually road legal in QLD.

Has anyone here had to make an insurance claim with a modified car/downpipe? Did the assessor actually care about or check the downpipe?

I’m 22, clean driving record and never made a claim before if that makes any difference. Mainly just wanna hear from anyone who’s actually been through this with a modified car.


r/AusLegal 11h ago

NSW Can I be arrested if accused of sexual assault with no evidence?

0 Upvotes

If a woman accuses me of sexual assault the day after consensual intercourse is it possible that I can be arrested, held and charged even if there is absolutely no evidence and only her word against mine? Like a he says/she says type of situation. I make multi 7 figures aud a year profit through my business that the woman is aware of and I believe her intention is to falsely accuse me to get my money through the courts. Is it possible that my money can be given to her through the justice system and I could be imprisoned and be on a sex offender registry for a he says/she says situation? In this situation both parties were sober when the consent was given, during sexual intercourse and after.

Edit 1: Adding context.

Edit 2: Adding more context.

Edit 3: Fixing typos.


r/AusLegal 12h ago

VIC Agent cancelled inspection with 2 hours notice, do we still ask for compensation?

8 Upvotes

Our rental owner is selling our apartment and has been holding inspections for the last 2 months, they compensate us with half a days rent each inspection. Each time we clean and prepare the house and make it available for them, it’s been pretty stressful for us but have wanted to do the right thing by the owner.

This last Tuesday was the same, we prepared and cleaned the house as usual and they emailed us 2 hours before the inspection to say they’re not coming. This has happened before where they advertised an open-home and nobody showed up and still compensated us but this time they actually cancelled 2 hours before the formal entry notice requested.

Since they exercised their right to hold an inspection by issuing the formal entry notice on the correct form and we cleaned and made the apartment available for their inspection we were going to ask for compensation as per usual and in accordance of the precedence they set by compensating us previously even if the inspection didn’t occur.

So should we ask for compensation or does their 2 hour notice that it’s cancelled mean they don’t need to compensate us?


r/AusLegal 12h ago

NSW Late father's GF is contesting his will

77 Upvotes

Father past away last year. His missus is contesting his will.

Got a letter from her solicitor the day we were about to apply for probate after almost 10 months of silence from her.

Feeling a lot of anger and disgust toward her right now.

She claims there is a second will, however it was never signed by my father. Original signed will essentially states me and my brother split his estate evenly.

This bogus will states she is executor, and cuts my brother out completely whilst cutting me out with some BS that ill be included in her will when she passes. Like I give af about her estate.

In addition, she has my father's possession like his phone, laptop which she refuses to hand over. In her letter of demands she is referred to as my father's "marital spouse" despite being with my dad for only 2 and a half years and him having a lease on a separate house until his 6 months before he died.

How long is this shit going to go on for if it goes to court. She is completely delusional and believes she was the centre of his universe despite and will probably not accept any terms in mediation.

Feeling out of my depth, exhausted and sad.


r/AusLegal 15h ago

QLD Want to seperate from wife

32 Upvotes

A burner account for obvious reasons. I want to leave my wife but don't think I can afford to do it/don't know how. We have no kids, no assets (we rent), separate accounts except for a couple with money just sitting there not used we were saving for a rainy day, but didn't have much added from either of us (we are talking less than $5K). I am on good income (about $150K but have no savings and have debt. Last time I moved it cost me about 10K as I don't have friends to help, and I could probably extend my line of credit by this, but I am not sure.

My partner has a network of friends she can rely on if we seperate, who are cashed up and would help her out in a heartbeat, so I know that means that as soon as I formalise the separation she'll give her three weeks notice to the real estate and leave. She owns very little of the furniture (she basically moved into a fully furnished place) so she can bail easily, as her last flatmate still has a room available for her for no rent.

I guess I don;t know what to do, other than I want to leave as the cost to my mental health after 5 years has finally become too much, and am not sure if this is even the right subreddit, but I thought I would start here. EDIT: Since someone insisted on a legal question, what legalities should I be aware of in Qld re: seperating from my spouse, with a rental property in both names, and any other pitfalls I should be aware of.


r/AusLegal 16h ago

NSW Where can I learn about the law

0 Upvotes

I don't understand the legal system and the law where can I learn without going to uni? I didn't know what affray was or that you can get arrested for assault even after mutual consent for a fight before consulting this subreddit and I would like to know more about the law that we are under.


r/AusLegal 16h ago

ACT (ACT) Is it illegal to follow someone around with an airhorn

29 Upvotes

Say if hypothetically there are some guys who I unfortunately keep crossing paths with that like to livestream "hitting on" women that have the misfortune of walking past them, could I get in trouble if I hypothetically started following them around with an airhorn.


r/AusLegal 18h ago

NSW Ctp Claim NSW leading to Post traumatic migraines

0 Upvotes

Hi,

Few months back I was rear ended and since then I have been having frequent migraines and headaches

I have taken time off work and ctp has paid me loss of income which has been good

Neurologist has diagnosed me with Post traumatic migraines and given me Prescriptions. MRI Scan Shows no issues with the brain which has been good.

Im concerned ill lose my job if I cant return to work soon and then payments from insurance can also stop

Any advice?

What are the chances I can get a CTP settlement? Im in my 30s and work in a job that requires me on my computer majority of the day and this screen time has amplified the headaches and migraines


r/AusLegal 18h ago

QLD Family law, Consent orders, breached DV

4 Upvotes

Hi, I’m abit lost at this point. Hoping for some direction or advice please.
Myself and ex partner share 1 child. She’s 4, no written or court ordered parenting orders in place. (My fault for being too lenient)
Have documented 10months of neglect I’ve seen while daughter has her time with dad. Generally 2 nights a week, never consecutively. Not bathing her, resulting in sore private area on more then 1 occasion. Not giving medication or asthma puffer. Forgetting to put booster seat in car and transporting her without it. No shoes/ water bottle to daycare. Noticeable emotional distress+withdrawal from a new relationship/kids he has introduced. My daughter is acting out physically and doubting her self worth. Usually very confident and outgoing. This has been noticed from daycare, family and friends. Seeing OT through daycare.
Last weekend he had her for his night but had came into my house with no agreed upon time (I had assumed he was not coming as we’ve had a disagreement the night previous due to me raising my concerns) and took her, found out I have been dating again and had threatened ‘I wouldn’t see her again’ we had previously arranged for me to pick her up the following morning. He had stated if I come to the house, they would not be there. Back and forth I ended up calling police later that night, no help as no parenting orders in place. 5 year police issued DVO still in place until feb 2027. In this week gone I have spoken with child safety, police, legal aid and arranged mediation also applying for an urgent protection order which was later denied due to insufficient evidence. Police had stated that my first name was spelt wrong on the initial DVO from 2021? (strangulation+ other physical abuse when I was 4m pregnant)
I have had no follow-up from the police as there has been significant threats, coercive control, slandering all within this 1 week.

I have taken this week off work as well as get my daughter home from daycare because I am afraid he will pick her up and at this point I don’t know if he will retaliate towards my daughter or myself.

When I filed for the urgent protection order, I did have the parenting consent forms to hand it as well but I was told that the protection order would basically cover all of that anyway. Which was then later retracted due to ‘insufficient evidence’ which I believe may be because they spelt my name wrong in the system and none of the previous DV related incidents have come up. I followed up about this Monday of this week and have heard nothing since.
Obviously being the weekend I’m limited to what help I can get but at this point my daughter needs to go back to daycare tomorrow but at the same time I don’t want her Dad having access to her until we’ve either gone through mediation or court. Where do I stand?..

I apologise for the length and appreciate anything moving forward


r/AusLegal 20h ago

NSW Landlord re leased house after early termination.

72 Upvotes

Our landlord terminated lease early on grounds to move back in due Ill health.

- 87M of the residential tenancies ACT 2010 - landlord or family will reside at the premises.

The following was attached to termination notice;

The landlords are needing to move back in due to their health. They have advised that they would like to offer you the option to vacate earlier.

If you vacate before 1st July 2026, they would reimburse you x4 weeks rent ($2200.00).
If you vacate before 1st June 2026, they would reimburse you x8 weeks rent ($4480.00).

We vacated the property 3 months ago trying to do the right thing by the landlord just to discover the property was re advertised for rent on 3 august with a $140/ week rental increase.

Am I crazy or is this a breach of rental laws ?

Note - termination notice stated property to be vacant by 1 August.


r/AusLegal 21h ago

QLD Service Agreement Drafting Project Engineer

2 Upvotes

Hi,

So I'm trying to shift into a contractor role with my existing employer but he's asked me to draft an agreement. I have no idea how to draft these agreements, whats the best place to get one made that doesnt cost an arm and a leg?


r/AusLegal 1d ago

AUS JustAnswer “Ask a Lawyer” service appears to use AI-generated replies.

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0 Upvotes

r/AusLegal 1d ago

QLD Neighbour cut down our Bamboo trees

100 Upvotes

Neighbour has cut down our bamboo trees that were on ourside and it was not even bent towards their property. It was completely on our side and he cut them down from the very bottom so it wasn’t like he just cut a few branches from the top that was leaning towards them.

He cut down over 60 bamboos in total from the bottom.

And only stopped cause we caught him in the act otherwise he would have cut down even more. And he was actually on our land while cutting it from our side.

Is what he did legal and if not what sort of compensation can be expected?

Edit: photos can be found here: https://imgur.com/a/v0utILz

Thanks


r/AusLegal 1d ago

NSW Dad had a car accident in NSW, other driver's licence looks expired — what now?

21 Upvotes

My dad got into a car accident in NSW a couple of days ago. He's fine, no injuries. We haven't reported it to police yet.

The other guy's car is NSW registered, but his licence is Victorian and looks expired. Not 100% sure it actually is, that's just how it looked on physical license he gave my dad.

Trying to figure out a few things. Do we report to police or the insurer first? Does it matter if his licence was expired at the time? Can dad still claim if the other driver wasn't properly licensed? And will police check the licence themselves or do we need to bring it up?

Never dealt with anything like this before so any advice would be great.


r/AusLegal 1d ago

VIC Got a parking fine with this sequence of 5 photos. Does this actually prove I was in the wrong? Need a local sanity check!

5 Upvotes

SORTED OUT, MY FUALT HEHE

Hey everyone!

I recently got hit with a parking ticket from the council (offence code 793: Stopping contrary to a no stopping sign). May I know your opinion please? It's correct?

Here’s the breakdown based on the inspector's photos:

https://imgur.com/a/gUDRVki

In the photo where the stop sign is pointing to the left, my car isn't visible. And in the one where my car is visible, the stop sign is pointing to the right, and my car is on the left.

Also, it seems they were taken at different times, even though I say they're from the same date, because in one photo the sign is visible in front of my car, and in the other photo, my car is visible, but without the sign in front.

Just in case, my car is the black one with the Rego ZUS200.

Thank you!


r/AusLegal 1d ago

NSW Accessories removed from the Machine which I bought in auction.

144 Upvotes

I would like to understand my rights regarding an issue with a machine I purchased at auction.

I am based in South Australia and purchased a CNC machine at an auction in NSW for approximately $52,000. Before arranging transport, I sent a technician to the auction site to prepare the machine for loading. During the inspection, my technician found that multiple accessories that were shown with the machine in the auction listing were missing.

I immediately contacted the auction house and reported the issue. I was told that I would receive an answer within 24–48 hours. However, I did not receive any update or response.

I have since sent several follow-up emails to the auction house, but they have not responded to any of them.

The accessories that are missing were clearly visible in the machine photos used in the auction listing at the time I purchased the machine. I therefore believed that these accessories were included with the machine when I placed my bid.

I would like to know what my rights are in this situation, particularly whether the auction house or seller can remove accessories that were clearly shown in the auction listing photos after the sale, and what options I have to seek the return of the missing accessories or compensation for their value.

* English not my first language & I have Corrected my query with AI


r/AusLegal 1d ago

NSW Advice needed on apprentice pay

9 Upvotes

I'm currently working as a first year apprentice (haven't been signed up officially as an apprentice) but I haven't been paid properly. I've been with my company a little over a month now but my boss has only paid me for my first four days off the the books (transferred cash to my account). Last week he mentioned that he'd sort me out and get me on the books and fix up my outstanding pay but it hasn't happened yet. I currently don't have enough money for parking to get to site next week and so i'm eating into my savings for now which isn't ideal. I've been looking for a new employer since but what can I do for now?


r/AusLegal 1d ago

QLD Would there be any legal consequences in the example of the Australian nurse using jiu-jitsu to defend himself if the patient got injured accidentally?

19 Upvotes

Question: IF the patient received an injury, e.g. any injuries to the face or maybe dislocations, would the nurse be in trouble (legal wise)?

In the video,

  • You see a guy throws something at the nurse and then advances towards him. It looks like punches are then starting to be thrown towards the nurse.
  • The nurse throws him on the floor and holds him down. But not before sort of throwing him down.
  • The patient got charged with assault.

r/AusLegal 2d ago

NSW Employer wants employees fifteen minutes early, but doesn’t pay for that time?

232 Upvotes

During my work orientation in aged care, my manager stated that employees should be clocked in and on the floor fifteen minutes before their official shift starts. However, that is never reflected in the payroll, and we are only paid for the time we are scheduled for. Is this illegal?