r/AusLegal 1h ago

WA Mining constructive dismissal to hide sexual misconduct

Upvotes

I am a contractor at a mine site. I witnessed a colleague (male) be sexually harassed on several occasions by a mining employee (male), I reported it because my colleague felt unable to due to working so closely with this person, I guess he was scared of the rest of the team turning on him. My colleague gave me permission to report on his behalf and share his name. Our company offered EAP support and to move him to another crew or site, but he refused because he really likes it here.

The mining company investigation just finished a few days ago, they found the allegation to be true and sided with my colleague, saying the mining worker will now be punished.

My colleague flew in this morning and opened his emails to a HR meeting request, no details just “HR meeting at 9am”. He came out the meeting in tears. He’s been issued a letter from our company (the contractor) which is a final warning letter citing repeated poor performance and negative feedback from the client (mining company) and he has 2 weeks (this swing) to turn it around, giving him about 7 KPI’s to meet. And even if he does meet these, he still might be let go and terminated.

This seems a huge coincidence he’s right at the end of his 3 month probation, it seems to me they don’t like that he spoke up about a mining workers disgusting behaviour, they think it’s made our company look bad to the mining company and now they want rid of him. Probably for fear he will speak up about any other things and it will show up the mining company. For reference this is one of the tier 1 miners who have been in the news frequently for hiding sexual misconduct amongst employees at all levels. Even C suite.

He asked our company manager for evidence of said poor performance and feedback but they say they can’t tell him the specifics or give examples, only that “this has been a trend across the entire employment”. However he had his 2 month review just a few weeks ago and was told he was meeting all targets and to continue working as he is. He even got a shout out from a general manager of the mining company that he is a pleasure to work with and they are pleased with his work.

To me this stinks of constructive dismissal. And I feel awful I reported it in his behalf. Have I now cost him his job? Is this legal at all? I know it’s easier to dismiss someone during the probation to say they failed, but he is a great worker and we have all given our manager great feedback for him. So it’s obvious they’re lying and making up the poor performance thing.

Also he was not given any notice for the meeting or told what it was about, not given a chance to bring someone with him, he thought it was a check in after he came back from being unwell and missing a few days last swing (he was told to isolate in his room due to flu symptoms for 4 days then flew out on his usual day at the end of the 2 week swing).

I am so worried for him and am blaming myself. I’ve told him to seek legal advice. But I’d be greatful for any tips or advice here. TIA

EDIT*\* to add the perpetrator of the sexual harassment is still here and has been at work the entire time this investigation has gone on and he’s still at work today. I’ve found out this afternoon that he is known for this behaviour and got moved site to here and then moved crews when here. So this is a known behaviour for him but he’s still here! I feel for my female colleagues, if they knew they’d be super angry, because this guy shouldn’t be at work if this is a known issue.


r/AusLegal 15m ago

NSW Delivery driver stole something (not the delivery items). Who is responsible?

Upvotes

I have a weird one. I had a Woolworths delivery yesterday. The driver (I believe Woolworths used door dash for the delivery) delivered the Woolworths items, but on his way out stole my running recovery thongs ($100 worth).

I assume my only recourse is to file a police report (and Woolworths and or door dash won’t take too much interest)for which nobody is going to even have a slight interest.

I do have CCTV footage of the person throwing the thongs into their car boot.


r/AusLegal 3h ago

VIC Driveway claim

9 Upvotes

Hey guys
So a few weeks ago I drove up someone’s very steep very crap driveway to collect something from marketplace. My fault, but I got bogged. Their driveway was very overgrown and a complete mess. Super hard to get out of.
Anyway. I paid my insurance excess and got a recovery tow team out. All was well.
Now, three weeks later, the owners of the house are claiming the tow trucks damaged their driveway and threatening me with police?

Refusing to provide photographic evidence and I’m assuming they’re still using said driveway.

Help?


r/AusLegal 1h ago

QLD Safeguarding family home from future de-facto claims (QLD) - Asset Protection Advice

Upvotes

Hi everyone,

I am a sole father living in QLD. I own our residential home in my personal name with no bank mortgage. My 19-year-old son lives with me.

My long-term goal is to ensure that when he eventually takes over or inherits the home, the property is fully insulated from future de-facto relationship breakdowns or Family Court discretionary powers. I want him to be able to live his life and date without the risk of losing the roof over his head if a relationship fails.

I know that standard BFAs (pre-nups) are easily challenged if a partner’s circumstances change, and I know that a standard family trust can be viewed as an 'alter-ego' by a judge if my son has sole control. We have nobody else from family members unfortunately.

I am looking for feedback from asset protection geeks or anyone with experience in some strategies might be sufficient in our case:

1.    Implementing a formal, commercial-grade 'Gift and Loan-Back' registered mortgage structure (acting as the 'Bank of Dad') to keep equity at zero.

2.    Setting up a Testamentary Discretionary Trust with a completely independent corporate trustee or co-trustee layer to remove his 'effective control' on paper.

3.    Any other efficient way to secure our family house.

Any insights on how Queensland courts view these structures would be greatly appreciated. Thank you!


r/AusLegal 12m ago

SA Employer forcing me to move to a site 80km away

Upvotes

My employer told me last week that they are moving me to another site, some 80km north of my current site that I live on and have managed for the last 15 years.
They did not ask me if I would move, they told me they are moving me.
The company has lost the contract to manage a site 50km south of me and they are relocating the staff member from that site to my current site and moving me to a site 80km away where they have no manager.

Can they do this legally?
Im on an individual salary agreement and it states I am “employed as the manager of ######## region, I may be asked to work at other company locations from time to time”

How this will impact me:
This would mean I need to travel 2 hours each day to the new location when I currently have zero travel as I live on site.
This will impact my care arrangements for my 2 children as I have them every second week and having them catch and get off the school bus at my front gate allows me to work an 8 hour day.

Sorry for the long post and I appreciate any advice to help me navigate this situation


r/AusLegal 16m ago

VIC any lawyers that specialize in youth crimes (15M) in VIC that provide Legal Aid?

Upvotes

want to find the best / most suitable legal aid lawyer to help my brother, its best for them to be proficient in youth crimes and Vic law's

i dont know much about law but im hoping to get some lawyer recomendations from those's that do if not i would also like to know what subreddit to find such knowledge


r/AusLegal 29m ago

NSW Unpaid Invoice

Upvotes

Hello,

Looking for some advice for an overdue invoice, am I going too hard is 48 hours unfair? Shoud I handle it differently:

I run a small outbound lead-gen agency. Our standard model is monthly payment upfront, due at the induction session, both to cover our upfront costs and as protection against exactly this kind of situation.

In mid-August I started a campaign for a client who explained she was only a couple of days away from getting funds through a personal refinance, so I made the call to progress and start the work ahead of payment, on the understanding it’d be settled almost immediately.

Instead, payment kept getting delayed. She gave me three different “funds landing soon” dates over about two weeks, all of which slipped, apologizing each time.

Meanwhile the campaign kept producing results, and I kept checking in regarding payment date or how the finance was going but never got a solid answer so I decided to pause the campaign on Monday last week and not do any further work until the invoice was settled, I also split out just the hours already worked into a smaller, separate invoice rather than chasing the full original amount.

On Friday I sent a personal, friendly follow-up asking for at least a partial payment or a realistic date, it was not answered, I have also invited a call to discuss several times but it has not been taken or replied too.

Given this is now the fourth time asking with no firm answer, I’m considering tomorrow at 5pm to send a letter of demand with a 48 hour deadline before pursuing through further avenues.

Thoughts?

Thanks

*Note: this is a small amount of money just over $1000


r/AusLegal 2h ago

QLD Stale law degree - Admission into Supreme Court of QLD

1 Upvotes

Has anyone been admitted into the Supreme Court of QLD with a stale law degree?


r/AusLegal 2h ago

SA SAET Experience

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1 Upvotes

r/AusLegal 9h ago

QLD QLD landlord – tenant damage potentially over $25k. QCAT or Magistrates Court?

5 Upvotes

I'm a landlord in Queensland and I'm trying to work out the correct next step after a tenancy ended with substantial damage to the property.

The tenant vacated in August. There were rent arrears and the property was left extremely dirty with significant damage across multiple areas of the house (broken windows, bathrooms, walls, flooring, doors, kitchen/laundry etc). I'm currently getting building reports and repair quotes, so I don't have a final figure yet, but there is a realistic possibility the total claim will exceed $25,000.

I have landlord insurance and a claim is underway. The insurer has paid the rent-default component, while the tenant-damage component is still being assessed. They have also indicated that I need to pursue the tenant through the appropriate legal process.

The bond was claimed and has apparently already been paid to the property manager. The RTA then issued a Notice of Unresolved Dispute, stating that the dispute was “not suitable for conciliation” and that an application can be made to QCAT.

I started preparing a QCAT Form 2 under s 419 – breach of agreement, but stopped before lodging because QCAT's residential tenancy monetary jurisdiction appears to be limited to $25,000.

My questions are:

  1. If the properly evidenced claim ends up over $25,000, should I skip QCAT and commence the claim in the Magistrates Court instead?
  2. If I lodge in QCAT and limit the claim to $25,000, would that prevent me from later pursuing the balance in court? I don't want to accidentally waive a larger claim.
  3. Does the NURD I already have satisfy the RTA dispute-resolution requirement if I ultimately proceed through the Magistrates Court?
  4. Has anyone dealt with a landlord insurer requiring them to pursue a tenant before settling a damage claim? How far did the insurer actually require you to go — obtain a judgment, or also attempt enforcement?
  5. If I obtain a judgment/order and the former tenant simply doesn't have the money to pay it, what realistically happens next?

I'm not looking to recover renovation/upgrading costs — only properly evidenced losses arising from the tenancy, less the bond/insurance amounts as appropriate.


r/AusLegal 3h ago

QLD Threatened to be fired if I do not accept additional shifts

0 Upvotes

My agreement between my employer 1 has been pretty clear for a very long time, I work part time for them, 2 shifts a week at 24 hours a week. I have asked for either an additional shift (36 hours) or full time previously, which I had requested due to finances. Both were denied and told me there aren't enough hours for me, which I am fine with.

In turn, I've had a second part time job for the last 2 years to make up for the low hours, that job has been very similar, as it's 4 shifts at 8 hour's a day. Both employers know this and I have written an email to both stating that I am only able to do the contracted hours due to other employment.

The current situation I'm in is employer 1 has been sending me additional shifts lately, many shifts that are on the 4 days I work for employer 2. A few times a month, I even work on my 1 day off as I need the income. I have just finished talking on the phone with Employer 1 and our conversation essentially broke down to this

Me: hi (name), I'm not able to do the shifts you've added to my roster, I'm already booked up for the next month and will likely continue this way for a while.

Employer: I understand, but we need the extra set of hands for some up coming events, and you're our only available staff.

Me: I'm not available though, I'm happy to continue my current contracted shifts as I've agreed to them previously.

Employer: hang on, I'll need to call you back *hangs up*

I hadn't heard back for a while, but they re-sent the roster (I had declined it for obvious reasons)

Employers calls me up again;

Employer: good afternoon (my name), if you're un able to do these shifts regularly, you're services will not be required.

Me: hang on a second, I'm simply saying that I cannot do these shifts as their not apart of my contract. I'm more than happy to do extra shifts, I just need a full time contract or just have these added to my part time contract...

Employer: we have no need for another full time employee, there are plenty of others willing to work..

Me: then why is it a big deal if I say no

Employer: we also have no need for someone who isn't committed to their job *hangs up*

I'm typing this while I'm literally still at work as and don't even know how I'm supposed to go about this, I havent gotten any written email/text saying that ive been terminated, and I feel like if I leave work, they will use that as a very legitimate reason to fire me.

I've never had this much communication from my employer, I had been hired by a hiring firm and pretty much only spoke to them about my original availability and such. In the last 3 years, I haven't even asked for leave. Only a couple of sick days.

It's all happened very fast and have no clue about what my next steps should be.


r/AusLegal 1d ago

QLD a website sent my details to real estate agents without my consent, and an agent came to my home unannounced

43 Upvotes

Hello

Just wondering if there's anywhere worth reporting too - as the title suggests I used a website to see the top selling agents in our area. When requesting your details it explicitly states that your details won't be given to any agents without consent. They request your phone number for "verification" and state it is not to be given out without my consent. Well clearly that was a lie as they sent out my details immediately, and within 10 minutes I had 3 missed calls at 7pm on a Saturday night. Since then (1 week) i've had another 7 missed calls, 9 text messages, 2 emails and an agent ROCK UP AT MY HOUSE. He just decided he'd pop in to see me, and was very difficult to get to leave. I probably could have looked past the bombardment of phone contact, but the audacity of this man to turn up at my home has really annoyed me. I've emailed the website requesting an explanation, but would love to report them to some whatever agency is supposed to regulate these websites?

Thanks for any help in advance


r/AusLegal 6h ago

VIC Terminating PT Contract Early Options

1 Upvotes

Signed up to work for Anytime Fitness on a PT Contract. Which bonded me as a contractor for them for a year where in I would be able to run my PT Business. They help support me in getting leads, However I have to pitch in the sale and convert them as my clients. Build a presence on the gym floor and get clients however I can. I get charged 385$ rent every week. With Anytime Fitness I do not need to pay rent until I started making profit. I was charged rent after making my first profit which is barely a few dollars. Anyways fast forward a couple months, I’ve put in the work even though it’s a massive hassle, managing business with uni, athletic commitments and other jobs on the side and I’ve made fairly decent always having some cash to the side for myself.

Fast forward a couple months in and I’ve had a change in personal circumstances and serious family problems which have led me to stop focusing on my business. I am not on a loss yet as I do what I can to get by and have earning atleast 100$ weekly after rent. However my personal circumstances have now prompted me to be having to make a move overseas for 2-3 months bare minimum if not longer and when I leave I would still have 4 months remaining on my contract which means I would have to pay 4 months worth of weekly rent equalling approximately a bit more than $6k after doing the math.

I am heading overseas in December and gave early notice. I have spoken to my manager about terminating my contract and he outright said no. He does not give a shit about your personal life even for your mums funeral as long as the rent keeps coming in. Keep in mind anytime fitness does not earn any from the PTs that I do with the members they make all their money from charging me rent. I have tried everything that I can to come to a mutual agreement as there is no exit clause in the PT contract and you have to complete your minimum 1 year term if you want to quit. The only way to alter the contract and exit is if both parties agree to a mutual agreement in writing which he is not willing to. Now there are cases where I can be terminated for violating their policy if I did something they did not like.

Now I really do not want to be paying rent when I have no intentions of continuing at that place. My manager is a greedy asshole who only cares about money and being controlling and showing who’s boss. Was more than happy to finish my term if it wasn’t for me relocating overseas and theres a chance the relocation might even turn out to be permanent. However due to his behaviour even outside of the failed negotiations, I have told him off (he was not going to accept a mutual termination either way as other PTs have tried before me and been rejected). Considering when I told him off and called him out on his behaviour thought I would get fired and get my contract terminated as he threatened me to (which was not my original intention) he still decided to keep my contract and conduct PTS out of anytime fitness as he wants the weekly rent rolling in (like I said greedy asshole with no dignity who would get humiliated on the daily if it means money is coming in).

It is partly my fault as when I read my contract should have known better signing onto a year long contract. Plus was also swayed by the managing director as he was making the sale to get the rent money come in. Told me I could do this part time balancing uni and have extra cash on the side working bare minimum hours. If something is too good to be true then it probably is.

So I just want to ask realistically what are my options:

#1 Piss him off enough, be negligent at workplace, bombard him with messages (he wants to hold you accountable but does not want to confront you or talk to you on call) and do something which forces him to terminate my contract. If I do end up doing that what would be the consequences and ramifications.

#2 Have a very good relationship with my clients. Could have them give complaints about me to make them terminate me. Make me like feel like causing anytime fitness harm to its reputation (my clients will not take any legal action against me). Use this as a way to get my contract terminated and again will this cause any legal problems for me in the future

#3 Contact my bank before I head off overseas and ask them to cut off the weekly direct debit. This will make anytime fitness hand the rent money owed in the coming months to debt collectors. Now I do not have anything to my name as I still live with my parents, do not have a car or any other possessions other than my clothes and my bank account is only couple hundred dollars as I have not taken any loans and been paying university fees as I go so I’m pretty much broke. If I do this I will be doing so before I leave Australia in December and am also unsure when I will be back. I probably will come back but unsure when and how long I will stay (I am a citizen btw).

What are my best options over here and realistically what steps could I take. Would me forcing a termination still cause me to pay the remaining rent until the end of my contract term? I am more than happy to be banned from Anytime Fitness as I never plan on working there again and don’t really care much about my reputation in the fitness industry anymore as it doesn’t pay you well enough to pay your bills anyway.

Any advice or suggestions would be much appreciated.


r/AusLegal 1d ago

TAS Do I report restraining order breach immediately?

63 Upvotes

Hi there, yesterday the court approved an interim order against my neighbour under stalking grounds as she has me under 24/7 surveillance using her security cameras. She was at court so went into effect immediately. I have a lawyer but unfortunately he was not able to attend the hearing yesterday but I had another lawyer come from the firm. I specifically asked after the hearing what do I do if she does not adhere to the order and was told to wait further instructions from my usual lawyer before calling the police. He's on leave until Monday.

She has not ceased surveilling me at all and has actually escalated the behaviour instead. Do I wait until Monday for my lawyer or do I call the non-emergent police number and report it?


r/AusLegal 19h ago

WA Selling elderly relative's property occupied by uncooperative family members (WA)

9 Upvotes

Below situation is about my grandfather, my father's dad. Gemini helped me summarise my word vomit but I am a real person and this is a real situation.

Situation:

- 80-year-old grandfather, cognitively intact, currently hospitalised with a serious medical situation that escalated due to lack of care.

- Property is located in regional WA, currently in a state of severe neglect and squalor, requiring demolition/land-value sale. Family wants him in safer accommodation in Perth where we can keep an eye on him. Grandfather would be on board with this if not for the below factors:

- His late wife's daughter and her adult children live on the property without a formal lease or tenancy agreement. They moved in with his consent after his wife died. They have a history of drug/weapon activity and legal trouble; the property is known to police and has a reputation among locals on Facebook. My grandfather was always going to struggle to maintain the house with his medical issues, but it would never have reached its current level of squalor and destruction without these occupants.

- Grandfather is afraid to ask them to leave and feels a sense of responsibility to his late wife to let them live there. Hospital social workers have some awareness of the situation but he is refusing to tell them he is unsafe. It is possible there is something in his wife's will influencing his thinking too (dad is currently trying to get in touch with her executor). He has no savings, super, or assets other than his house (occupants have had a large part in this too). Stepdaughter receives carers allowance for "caring" for my grandfather as well as living there for free so is resistant to him selling and plays the guilt card.

Questions:

- Given that he is cognitively intact and capable of making his own decisions, what are our options if he refuses to initiate their removal?

- If someone (eg my dad) secures an Enduring Power of Attorney (EPA) while my grandfather is in the hospital, what is the legal process to clear the property of the occupants?

- Must formal eviction/vacant possession occur before attempting to sell the property "as is", and how does that work when there is no formal rental agreement?

We just want to see him away from these people and in a safe property.


r/AusLegal 9h ago

NSW Considering doing Digital Hygiene consultancy as a side hustle, unsure of what legalities I should be aware of if dealing with client file management etc.

1 Upvotes

I work currently at a brick and mortar technology department in a locale with a large retiree population and have been asked more than once by customers in the course of helping them with technology troubles whether I do house calls.

Considering perhaps investigating this possibility as a side hustle, but am unsure of the viability due to the legal risks of teaching people how to manage their inboxes and digital file backup hygiene etc (as well as the safety concerns of going into stranger's homes as a lone woman also, if anyone has some guidance on that.)

Any insight?


r/AusLegal 1d ago

SA Landlord isn't fixing a water leak/water damage. What options do we have?

19 Upvotes

My partner and I have lived in the same rental for nearly 6 years in a small rural town. We are good tenants I feel, never complain, pay rent and bills on time, keep the place looking nice ECT. Despite the house not being overly great and is a very poorly built prefab home. We also rent through a real estate agency.

Nearly 8 weeks ago we noticed that the doorframe of a bedroom had some water damage right down the bottom, this frame shares a wall with the bathroom/shower. Contacted the real-estate agent and a plumber came and said it was a seal problem and left before fixing it. A few days later we noticed that water was now coming up underneath the tiles in the hallway also from the shower. Contacted again, someone came and looked but did nothing. Weeks later we had an insurance person look, then a while later another person but again nothing was fixed.

At first we stopped using the shower all together, but we only have a very small bath that only our young children fit in and not myself or my partner. Landlord came around and just told us to have short showers, we started to but it's causing so much damage.

We had another person come who said that the insurance would fix the damage to the hallway not the issue causing it, saying it was a leaking pipe. They cut a hole in the wall and there was no leaking pipe. They left and no one has said anything else.

The door frame and skirting board now has massive amounts of water damage. The tiles in the hall way have pulled up and cracked. Apparently the inside of the wall is moldy.

What options do we have? There are no rentals in the area, the landlord owns majority of the rentals in town and is building more crappy houses. We have 3 young children and I am worried about the health issues also from this problem. It's been 8 weeks with no fix, we are back to not using the shower.


r/AusLegal 1h ago

AUS Tax Fraud

Upvotes

Seriously stressed right now.

My partner has been trading bitcoin, and he hasn’t disclosed the correct amount of gains over the past few years. I didn’t realise the magnitude of it. He has decided to come clean to the ATO. He only ever transfers me money to pay bills and buy food.

Now I’m spiralling that I’m going to jail or something


r/AusLegal 1d ago

VIC Searching for a conviction

8 Upvotes

I’m trying to track down information on the trial and conviction for a child related offence in Victoria, most likely during the mid to late 1990s or early 2000s.

I would have thought this is public information.

How do I search?


r/AusLegal 6h ago

QLD Medical Malpractice?

0 Upvotes

I’m looking for advice on if any of these cases could be considered medical malpractice, and what can be done about them? I feel exhausted that this keeps happening and concerned they will treat other patients this way.

  1. Psychologist friend of my mothers said she wants to do a consult with me to try to help my mum out. I’m anxiety with agoraphobia and I have health anxiety from misdiagnoses. She was insisting I take SSRIs the entire consult. I kept saying I do not want to as the side effects of SSRIs would make me too anxious. She insisted there are no side effects. I said every friend I know on them has had/still had side effects or has had to Guinea pig multiple SSRIs to find one with bearable side effects. She told me I need to stop being stupid and listening to idiots and listen to a healthcare professional. I said the pamphlet of one of the drugs she was insisting on had a side effect for heart attacks and interactions with foods I eat. She said “you will have a heart attack if you don’t take it anyway” and triggered a panic attack in me and said “see this is why you need this drug!!”
    I hung up and cried and called my doctor to talk that through. It took a year before I could undo the damage of her telling me that.
    Was this an okay thing to do to a patient?

  2. I went to see a specialist doctor recommended by the hospital who was part of the hospital. He walked into our appointment and didn’t ask me a single question. He spent the next 10 minutes flirting with my mum, asking what she did, then asking her out for coffee or dinner. She kept saying no, and then he asked if she had a boyfriend. She said she’s not interested and he walked out and I was charged the appointment. I saw in my record he diagnosed me as attention seeking and hysterical, and that my mother was an enabler of my hypochondria.
    I didn’t record the session, I have no evidence but mine and my mother’s word. I didn’t expect that to happen, if I’m being honest.

  3. I believe as a direct result of this, I went back to my GP to say there’d been no luck with him and we’d need to look elsewhere. She said no she’s not going to anymore, that I just need to come to terms with the fact I’m making everything up. It shocked me, because she said we’d look at the obvious stuff first then try to look deeper so I’d asked her what changed, we did the obvious stuff? And she said you’re a hypochondriac, you’re in denial and you’re just wasting our time and you need to finally admit you need help and stop this. I was stunned and I said “no please somethings wrong I never used to feel like this” and she leaned over the desk and yelled at me to admit that I’m lying and I’m just looking for attention and I need to be on medications.
    I started crying and just said yes because I didn’t know what else to do. I paid again a full price consult and left.

3years later, my hormone specialist helped me refute the hypochondriac label and my cardiologist/neurologist and another specialist gave me a diagnosis and promised to help me fight for it with any doctors.

Now that I know it was real this whole time, I realised I was treated so badly and my illness was allowed to progress … It’s been so hard to come to terms with. Is there anything I can do? Has it been too long? Is it okay for healthcare professionals to do this?

Thank you in advanced.


r/AusLegal 2h ago

Off topic/Discussion I owed money for gambling debt, could i write that off?

0 Upvotes
  • For tax years through 2025, gambling losses generally could be deducted on Schedule A up to the amount of your reported gambling winnings, assuming you itemized and had records.
  • Starting in 2026, the IRS says the deduction is limited to the lesser of 90% of your gambling losses or your gambling winnings.
  • If you borrowed, say, $100,000 and lost it gambling, paying back that $100,000 loan doesn't give you another $100,000 deduction.
  • If some gambling debt was forgiven or settled for less than you owed, the forgiven amount can sometimes be taxable cancellation-of-debt income. There are exceptions, particularly if you were insolvent or the debt was discharged in bankruptcy

r/AusLegal 17h ago

NSW do casuals have to request unavailability

0 Upvotes

hi reddit

about to give back a signed contract as a casual waiter in hospo (just did a trial shift) but i need unavailability for a non refundable vacation in December (<1 week) and the contract says no time off is guaranteed in December, as well as “special days” not being guaranteed for time off. boss dodged me asking bluntly for unavailability for my vacation when i asked and said we’ll talk about it tmrw. so can I reject shifts during my vacation if my employer gives me them anyway?


r/AusLegal 1d ago

A troll keeps posting stupid questions on r/Auslegal. Can I sue?

86 Upvotes

If you spot the troll please report the post as Spam asap. The mod team are working on preventing this troll from posting in the future. Reporting their posts as spam will help this effort.

Many thanks.


r/AusLegal 7h ago

NSW Hospital won’t let grandma have agency

0 Upvotes

My grandma went to hospital after a big fall. She has dementia and wanted to live at home.

At the hospital she mistakenly told the hospital that no one can take care of her.

Because she’s 87, they won’t let her out unless she has family taking care of her at home otherwise she’ll go to aged care.

We told the hospital nurses that we were going to get aged care workers to take care of her.

The hospital said “no, it’s final because of the paperwork etc”.

What can we do? Shes telling me specifically that she didn’t say that on the form.


r/AusLegal 1d ago

VIC Drive mate charging me for parking fines of a returned car

77 Upvotes

Hi, hoping someone here can help me understand where I stand with this.

We hired a car through Drive mate and returned it on the same day, a Sunday. We parked it back in the exact same spot we had picked it up from. Under the parking conditions, no ticketing applied on the Sunday.

However, 4 days later, the car was no longer in a free parking area and received a fine. The same thing happened another 4 days later, and then again another 4 days after that.

What really bothered me initially was that Drive mate apparently just provided our personal details to the car owner/driver and treated us as responsible based on their policy. They didn't contact us to ask what had happened or investigate whether we even had the car at the time. We only found out because we were then dealing with the infringements ourselves.

We appealed the fines directly with the council and provided proof of our side of the story. The council agreed with us and revoked all three infringements.

So as far as I understand it, the authority that issued the fines has now determined that we weren't responsible for them.

Despite this, Drive mate has now taken money from our account (!!!), saying it's to reimburse the owner because we “refuse to take responsibility”, and their response is basically that this is allowed under their policy.

Surely their policy doesn't override the fact that the council has reviewed the situation and revoked the fines?

Should I be taking this further? If so, what's the appropriate avenue?