Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Related Australia Law Questions
We have just purchased our first home and are in the middle
We have just purchased our first home and are in the middle of moving in. We are in Victoria Australia. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,846 satisfied customers
I presume you have my question. I actually thought this
I presume you have my question. I actually thought this would be completely free and that I have a choice to render that amount to you -if satisfied. The problem is WITH the kindle. I didn't cause the… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,846 satisfied customers
L, Below is the email I sent to QBCC tonight. I hope it
l,Below is the email I sent to QBCC tonight. I hope it reads okay.MexxxxxDear Sir or Ma'am,The purpose of this email is to seek guidance over an issue we are having with our pest installer and their refusal to honour their warranty despite written guarantee on company paraphernalia given to us at handover. We have paid for the recommended annual inspections to be carried out since our house was new. Our house was built in 2009. We have communicated regularly with the installer, Termicide to rectify the termite infestation, however they refuse to honour their warranty which, in their correspondence, states: covers 12 years from time of installation. The saga is as follows:On 04th March 2017, Termicide attended our property to carry out the annual warranty inspection where active termites were discovered. Termicide's inspector, Rick, treated the area with a pesticide to eliminate them and advised at the time that the termites had ingressed our home via a crack in the footpath running along the back of our home. Upon closer investigation we found no evidence to support that statement. He also stated that the damage he uncovered was about the extent of the termites' incursion into our home. We found that statement to be wrong. After the termite barrier had been installed we engaged the services of a builder to repair the damage originally highlighted by your staff, however upon removing the linen cupboard and gyprock wall we discovered the damage was greater than was originally thought.It was the first visit on 04th March we were informed by Termicide we were not covered by their warranty. We were surprised to find this out considering we have kept up with, and paid for our warranty inspections since the house was constructed. On the 18th of March 2017 a follow-up inspection to gauge the effectiveness of the chemical was carried out by Termicide. Rick determined the termites to be eliminated and a more permanent solution to prevent further infestation was discussed along with methods of payment. A quote was sent via email where we elected to have the entire house treated by way of chemical barrier.On Monday, 29th and Tuesday, 3th of May 2017 a chemical barrier was installed at the cost to us of approximately $6,500.00. We have paid the invoice in full. This is despite the letter to us, dated 6 January 2010, stating in paragraph two the following:“Termicide also warrants your home against infestation for twelve years. This warranty guarantees that should termites breach the barrier and enter your home, Termicide undertakes to remove, repair and reinstate any structural damage at no cost you yourselves. The only proviso we have is that you undertake to have a (sic) annual warranty callout to comply with Australian Standards 3660.1 carried out by a member of our fully trained staff.”Australian Standards 3660.1 states the following:“The Purpose of termite barriers is to deter concealed entry by termites into a building, above the termite barrier. Termites can build around barriers but their workings or evidence thereof are then in the open where they may be detected more regularly”.At no stage has evidence of termite workings been detected either by members of Termicide staff or my Family, only the visible damage found in the roof where further investigation was warranted, in March.By being told termites ingressed our home via a crack in the footpath outside the house means they still breached the Termiglass and/or the slab which is meant to be protected by Frizbee Collars. Either way the termites breached Termicide's product and made their way into our home. Apart from the annual inspections carried out by Termicide, we are always on the lookout for infestations such as this in addition to ants, lawn grub and other pests. My father-in-law, who lives with us, and who has been in the building industry for 50 years, is a creature of habit and has done a regular walkaround of the house since we moved in … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,846 satisfied customers
My name is ,guy ,ive recently purchased a motor cycle. I am
hi my name is ***** ***** recently purchased a motor cycle. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,846 satisfied customers
I am needing help with what to do for damages from Child sex
Hi i am needing help with what to do for damages from Child sex abuse from a Qld organization about 50 years ago? … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,846 satisfied customers
I am representing a building firm located in the Proserpine
Hi Pearl - I am representing a building firm located in the Proserpine Region Whitsundays were was called on to submit a quotation for repairs to a home damaged by cyclone Debbie. He has been advised … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
3,846 satisfied customers
I have a retaining wall issue - have a report from 2
I have a retaining wall issue - have a report from 2 engineers that wall is in dangerous state - neighbour refuses to assist me in meeting cost of replacement - QCAT no good because no jurisdiction re… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I own a house years. I recently sold it with settiement due
I own a house for several years. I recently sold it with settiement due on 5/2/16.the owner who owns the much newer property beside me on the lower side has just informed me he does not want the storm… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I would like to know what are my rights when my neighbour
Hi, I would like to know what are my rights when my neighbour commences the construction of dividing fence without my knowledge or consent. It is just over 1.80 m and starts from our verge and only to… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
My ex facto partner put caveat #1 on my house (that I solely
My ex facto partner put caveat #1 on my house (that I solely own) a few months ago. The interest claim was worded as follows: "Legal and equitable interest" and the facts: "The caveator as defacto par… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I would like some advice with regards to Restraint of Trade
Hello, I would like some advice with regards ***** ***** of Trade obligations. 21 months ago I purchased a small business which caters for the tourist trade and to locals, the business includes a café… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I imported a top line show car built by pratt miller
hi, I imported a top line show car built by pratt miller in America, it was scratched and poorly treated by the importer I used, I paid extra for him to pack it last in the container it went in first … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,988 satisfied customers
QLD, Retaining Wall. Background: There is an existing retaining
QLD, Retaining Wall. Background: There is an existing retaining wall on my neighbours side of the property line (I am the higher property) which has been poorly constructed and is falling down (multip… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
Hi My question relates to a dam and water backing up behind
Hi My question relates to a dam and water backing up behind in the gully. A couple of years ago upon buying a small rural residential block i had a dam built, contacting the neighbour up hill from mys… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, we live in QLD and earlier this year our neighbor phoned
Hi, we live in QLD and earlier this year our neighbor phoned me to ask if he could pull down the dividing fence and put up a blueboard fence. He had the carpenter there that day to do the work. At tha… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
In 1986 I divorced my husband. At that time he had no job or
In 1986 I divorced my husband. At that time he had no job or means of paying family support & this had continued. Our children are now 35 & 30 yrs old & I had no financial support offered for his 2 ch… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
To continue........My front step is illegal as it does not
To continue........My front step is illegal as it does not meet the building regulations standards, had severe condensation running down windows so much so that I had to put towels there to absorb wat… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers
We have a residential house in Queensland on a very small inner
We have a residential house in Queensland on a very small inner city lot. We have a problem with an existing adjoining fence with our uphill neighbour. The adjoining fence comprises of an old solid co… read more
Leon
Leon
Solicitor
Master's Degree
28,101 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

28,101 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,988 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,846 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x