Tagged With Is It Legal?

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While there is a lot of hype around the launch of Apple’s new all-glass iPhone X, the attention of consumer lawyers is probably focused in a different direction. In April, the Australian Competition and Consumer Commission (ACCC) alleged that Apple had contravened consumer law by wrongly representing to customers they were not entitled to have a phone defect remedied if their device had previously been fixed by an “unauthorised” repairer.

The action was brought after reports that some consumers who had had their screen repaired by a third party suffered an “error 53”, which disabled their iPhone or iPad, after downloading an iOS update. Given that the new iPhone launched on Tuesday in the US, it’s timely to think about the rights available to Apple fans under Australian law if they suffer that most common of breakages – the shattered screen.

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Beachcombing for rare and beautiful seashells is a popular pastime for many Australians. But have you ever stopped to consider the legalities of your collection?

Contrary to popular belief, you can't just pick up and take home any shell that takes your fancy. Here are some of the rules you need to follow.

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“You’re terminated!” They’re the two words nobody, under any circumstances, ever wants to hear or receive in writing. The flow-on effect from losing a job can be catastrophic – potentially leaving you financially unstable, emotionally insecure and contemplating your worth in the workforce.

Yes, there’s never a good time to receive this news, but imagine being terminated when you’re physically incapacitated and incapable of completing the tasks you love or are trained to perform. Unfortunately, this is the reality for many Australians every year who suffer a workplace injury and require medical aid and time off. Is this legal?

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When you're wearing impractical shoes to go out or when you want to duck out to the local shops quickly, it's tempting to drive without shoes on. Wearing thong or high heels while driving can be dangerous so the next best option is to just take them off and drive sans shoes. But is it legal to drive without shoes in Australia? Let's find out.

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Consider the following scenarios: A police officer stops you on the street and asks you to empty your pockets. A police officer stops you in your car and asks to search you and the vehicle. Regardless of nearly all factors, one of the items recovered will inevitably be a mobile phone. But in what circumstances can police search your phone? Must they obtain a search warrant? And what will happen if you refuse to provide your passcode or fingerprint required to access your phone? Let's find out.

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On the weekend, Netflix's US communications chief Jonathan Friedland was fired from the company for "descriptive use of the N-word" in the workplace. In an internal memo to staff, CEO Reed Hastings explained that Friedland had been let go for exhibiting "unacceptably low racial awareness and sensitivity."

Meanwhile, here in Australia, much has been made of "the right to be a bigot". This got us wondering - is it legal to terminate an Australian employee for using a racial epithet? Or would they have a case for unfair dismissal? Let's find out.

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Most drivers don't give a second thought to snacking behind the wheel. We have fast food drive-thrus all over the country, so it must be legal, right?

As it turns out, "eat-driving" might not be as safe - or as lawful - as you think.

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Late in the night, you wake up and have an insatiable urge for water. You gingerly slip out of bed so to not wake your partner and make your way to the kitchen. As you enter, you see a masked figure who has just made his way into the house through the unlocked window above the sink. The first thing you think about is the safety of your family. The second thought you have is reaching for the kitchen knife right next to you. So is it legal to kill an intruder in your own home?

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Super Nintendo was my first ever console and there are games on that system that I still enjoy playing to this day. Unfortunately, my childhood console died over a decade ago and it's not always easy to find a Super Nintendo with all the right bits working. The easiest way to re-live my favourite childhood video games is through ROM (read-only memory) files and emulators. There is a swathe of video game ROMs and emulators floating around on the internet that can be readily downloaded. There are also people who convert their old games into ROM images so they can be backed up and conveniently accessed through emulators. So is any of this legal? Let's find out.

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I once carried around a fruit knife for a week in my backpack. I had completely forgotten about it after bringing it to work because all the blades in the office were blunt. I didn’t think much of it back then but was it legal for me to carry the knife around in public? Let's find out.

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Virtual private networks (VPNs) have many legitimate purposes. They're also used to cheekily circumvent geo-blocks on overseas sites like US Netflix - often against the express wishes of rights holders. Like most online technologies, government legislation is currently a bit vague on what is and isn't allowed. So is it legal to stream restricted content through a VPN? Let's find out.

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A Sydney barber is currently awaiting trial by the Human Rights and Equal Opportunity Commission (HREOC) after refusing to cut a young girl's hair. The girl's mother claims that the barber breached anti-discrimination laws by refusing her service. Is it legal for a business to refuse services based on sex?

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Dear Lifehacker, I played paintball for the first time over the weekend and I am addicted. I'm considering getting into it a little more professionally but I've heard a paintball marker is considered a firearm and I don't want to buy something if it can get me in some hot water. Do I need a licence?

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A McDonald's customer in Sydney has been questioned by police after failing to return the wrong takeaway order. The customer decided to eat the incorrect order - which exceeded his purchase by approximately $17 - to save himself a trip back to the store. This resulted in police arriving at his house to accuse him of stealing. (Yes, really.) So is it legal to keep takeaway food you receive by accident?

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The only thing that makes long-distance driving tolerable is music and/or podcasts. Unfortunately, using the car stereo isn't always an option. Perhaps the speakers are busted, or the person in the passenger seat hates your taste in music. In these situations, the obvious solution is to don a pair headphones. But is this actually legal?

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If you've ever played amateur sports, you know how frustrating it can be to lose a big game due to the bumbling ineptitude of an umpire or referee. Most people understand that bad calls are part of the game and manage to keep their temper under control. But some players morph into Hulked-out John McEnroes, complete with swearing, yelling, name calling and shoving. Is this legal?

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Each Boxing Day, countless Australians take part in the annual tradition of returning unwanted gifts for an exchange or refund. Usually, the retailer accepts the proffered item with no questions asked. But what if they refuse? Are merchants legally obligated to provide a remedy under Australian consumer law or are they allowed to send you packing?