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Everyday Law in Australia: Adverse Possession, Drones, Jury Duty and More

By Recording Law Editorial Team11 min read
Everyday Law in Australia: Adverse Possession, Drones, Jury Duty and More

Frequently Asked Questions

Is adverse possession the same in every Australian state?

No. South Australia and Victoria both require fifteen years of qualifying possession under their respective Limitation of Actions Acts. New South Wales, Queensland, Western Australia and Tasmania use a twelve year period (Tasmania uses thirty years where the Crown is the party being sued). Claiming government-owned land is barred or heavily restricted in every state examined.

Can I fly a drone anywhere in Australia if I follow the 30 metre rule?

No. The 30 metre distance from people is only one of several standard operating conditions CASA sets under regulation 101.238 of the Civil Aviation Safety Regulations 1998 (Cth), alongside a 400 foot altitude ceiling, a ban on flying over populous areas, a daylight-only requirement, and restrictions near controlled aerodromes. All of the standard conditions apply together.

Does my employer have to keep paying me during jury duty in Australia?

It depends on the state. Victoria's Juries Act 2000, section 52, requires an employer to make up the difference between the juror payment and normal earnings, a duty that overrides a contrary term in an employment contract. New South Wales protects a juror from dismissal but does not impose an equivalent pay top-up duty. Check the specific state rule before assuming either position applies.

Is the Northern Territory the only place I can legally buy fireworks in Australia?

No. Tasmania also allows members of the public to buy and use fireworks once a year, through an annual permit obtained via Service Tasmania and approved by WorkSafe Tasmania, on a date known as Cracker Night. New South Wales, Victoria, Queensland, Western Australia and South Australia restrict fireworks use to licensed pyrotechnicians. This page does not state the Australian Capital Territory position, which was not confirmed.

Does every Australian state have a breed-based dangerous dog list?

No. Queensland has no breed-based "restricted dog" category. It uses a narrower "prohibited dog" ownership ban tied to the five breeds banned from import into Australia, layered on a separate behaviour-based "regulated dog" system for dangerous or menacing dogs. New South Wales and Victoria both use a breed-based restricted-dog category in addition to behaviour-based declarations.

Do I need to go to court to change my name in Australia?

Usually no. In the ordinary adult name-change case, the relevant state or territory registry of births, deaths and marriages processes the application directly. A court order is generally only needed in more unusual circumstances, such as certain name changes for a child where parents do not agree.

Sources and References

  1. Limitation of Actions Act 1936 (SA) s 4(classic.austlii.edu.au).gov
  2. Limitation of Actions Act 1958 (Vic) s 8(classic.austlii.edu.au).gov
  3. Civil Aviation Safety Regulations 1998 (Cth) reg 101.238, standard RPA operating conditions(classic.austlii.edu.au).gov
  4. Juries Act 2000 (Vic) s 52, employer to make up pay(classic.austlii.edu.au).gov
  5. Animal Management (Cats and Dogs) Act 2008 (Qld) s 103A, meaning of prohibited dog(classic.austlii.edu.au).gov
  6. WorkSafe Tasmania, Do I need a fireworks permit?(worksafe.tas.gov.au).gov
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