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Could a recent ruling change the game for scam victims? Here’s why the banks will be watching closely

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/jeannie-marie-paterson-6367">Jeannie Marie Paterson</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> and <a href="https://theconversation.com/profiles/nicola-howell-1160247">Nicola Howell</a>, <a href="https://theconversation.com/institutions/queensland-university-of-technology-847">Queensland University of Technology</a></em></p> <p>In Australia, it’s scam victims who foot the bill for the overwhelming majority of the money lost to scams each year.</p> <p>A 2023 <a href="https://download.asic.gov.au/media/mbhoz0pc/rep761-published-20-april-2023.pdf">review</a> by the Australian Securities and Investments Commission (ASIC) found banks detected and stopped only a small proportion of scams. The total amount banks paid in compensation paled in comparison to total losses.</p> <p>So, it was a strong statement this week when it was revealed the Australian Financial Conduct Authority (AFCA) had <a href="https://my.afca.org.au/searchpublisheddecisions/kb-article/?id=f9f8941f-7379-ef11-ac20-000d3a6acbb4">ordered</a> a bank – HSBC – to compensate a customer who lost more than $47,000 through a sophisticated bank impersonation or “spoofing” scam.</p> <p>This decision was significant. An AFCA determination is binding on the relevant bank or other financial institution, which has <a href="https://www.afca.org.au/make-a-complaint#:%7E:text=Any%20determinations%20we%20make%20are,service%20is%20free%20to%20access">no direct right of appeal</a>. It could have implications for the way similar cases are treated in future.</p> <p>The ruling comes amid a broader push for sector-wide reforms to give banks more responsibility for <a href="https://www.fico.com/blogs/detection-prevention-tackling-scams-every-angle">detecting</a>, deterring and responding to scams, as opposed to simply telling customers to be “more careful”.</p> <p>Here’s what you should know about this landmark ruling, and what it might mean for consumers.</p> <h2>A highly sophisticated ‘spoofing’ scam</h2> <p>You might be familiar with “push payment” scams that trick the victim into paying money to a dummy account. These include the “<a href="https://www.acma.gov.au/articles/2024-01/scam-alert-re-emergence-hi-mum-scam">mum I’ve lost my phone</a>” scam and some <a href="https://www.scamwatch.gov.au/types-of-scams/online-dating-and-romance-scams">romance</a> scams.</p> <p>The <a href="https://www.smh.com.au/national/dragged-kicking-and-screaming-banking-giant-loses-battle-against-scam-victim-20241015-p5kide.html">recent case</a> concerned an equally noxious “bank impersonation” or “spoofing” scam. The complainant – referred to as “Mr T” – was tricked into giving the scammer access to his HSBC account, from which an unauthorised payment was made.</p> <p>The scammer sent Mr T a text message, purportedly asking him to investigate an attempted Amazon transaction.</p> <p>In an effort to respond to the (fake) unauthorised Amazon purchase, Mr T revealed security passcodes to the scammer, enabling them to transfer $47,178.54 from his account and disappear with it.</p> <p>The fact Mr T was dealing with scammers was far from obvious – scammers had information about him one might reasonably expect only a bank would know, such as his bank username.</p> <p>On top of this, the scam text message appeared in a thread of other legitimate text messages that had previously been sent by the real HSBC.</p> <h2>AFCA’s ruling</h2> <p>HSBC argued to AFCA that having to pay compensation should be ruled out under the <a href="https://download.asic.gov.au/media/lloeicwb/epayments-code-published-02-june-2022.pdf">ePayments Code</a>, a voluntary code of practice administered by ASIC.</p> <p>Under this code, a bank is not required to compensate a customer for an unauthorised payment if that customer has disclosed their passcode. The bank argued the complainant had voluntarily disclosed these codes to the scammer, meaning the bank didn’t need to pay.</p> <p>AFCA disagreed. It noted the very way the scam had worked was by creating a sense of urgency and crisis. AFCA considered that the complainant had been manipulated into disclosing the passcodes and had not acted voluntarily.</p> <p>AFCA awarded compensation covering the vast majority of the disputed transaction amount, lost interest charged to a home loan account, and $5,000 towards Mr T’s legal costs.</p> <p>It also ordered the bank to pay compensation of $1,000 for poor customer service in dealing with the matter, including communication delays.</p> <h2>Other cases may be more complex</h2> <p>In this case, the determination was relatively straightforward. It found Mr T had not voluntarily disclosed his account information, so was not excluded from being compensated under the ePayments Code.</p> <p>However, many payment scams fall outside the ePayments Code because they involve the customer directly sending money to the scammer (as opposed to the scammer accessing the customer’s account). That means there is no code to direct compensation.</p> <p>Still, AFCA’s jurisdiction is broader than merely applying a code. In considering compensation for scam losses, AFCA must consider what is “fair in all the circumstances”. This means taking into account:</p> <ul> <li>legal principles</li> <li>applicable industry codes</li> <li>good industry practice</li> <li>previous AFCA decisions.</li> </ul> <p>Relevant factors might well include whether the bank was proactive in responding to known scams, as well as the challenges for individual customers in identifying scams.</p> <h2>Broader reforms are on the way</h2> <p>At the heart of this determination by AFCA is a recognition that, increasingly, detecting sophisticated scams can be next to impossible for customers, which can mean they don’t act voluntarily in making payments to scammers.</p> <p>Similar reasoning has informed a range of recent reform initiatives that put more responsibility for detecting and responding to scams on the banks, rather than their customers.</p> <p>In 2023, Australia’s banking sector committed to a new “<a href="https://www.ausbanking.org.au/scam-safe-accord/">Scam-Safe Accord</a>”. This is a commitment to implement new measures to protect customers, including a confirmation of payee service, delays for new payments, and biometric identity checks for new accounts.</p> <p>Changes on the horizon could be more ambitious and significant.</p> <p>The proposed <a href="https://treasury.gov.au/consultation/c2024-573813">Scams Prevention Framework</a> legislation would require Australian banks, telcos and <a href="https://pursuit.unimelb.edu.au/articles/accc-vs-big-tech-round-10-and-counting">digital platforms</a> to take reasonable steps to prevent, detect, report, disrupt and respond to scams.</p> <p>It would also include a compulsory external dispute resolution process, like AFCA’s, for consumers seeking compensation for when any of these institutions fail to comply.</p> <p>Addressing scams is not just an Australian issue. In the United Kingdom, newly introduced <a href="https://www.bbc.com/news/articles/cy94vz4zd7zo">rules</a> make paying and receiving banks responsible for compensating customers, for scam losses up to £85,000 (A$165,136), unless the customer is grossly negligent.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/241558/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/jeannie-marie-paterson-6367">Jeannie Marie Paterson</a>, Professor of Law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a> and <a href="https://theconversation.com/profiles/nicola-howell-1160247">Nicola Howell</a>, Senior lecturer, <a href="https://theconversation.com/institutions/queensland-university-of-technology-847">Queensland University of Technology</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/could-a-recent-ruling-change-the-game-for-scam-victims-heres-why-the-banks-will-be-watching-closely-241558">original article</a>.</em></p> </div>

Money & Banking

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Mother and son reunited after rigid aged care rules divided them

<p>An elderly woman and her disabled son are celebrating after they successfully beat a bureaucratic blockage that threatened to <a href="https://oversixty.com.au/lifestyle/family-pets/red-tape-threatens-to-remove-a-man-with-down-s-syndrome-from-his-elderly-mother" target="_blank" rel="noopener">split</a> them up for good. </p> <p>Anne Deans, 81, and her 56-year-old son, Mark, who suffers from Down's syndrome, were hoping to live together in Anne's aged care facility, but the pair were met with countless hurdles when trying to get Mark a room of his own. </p> <p>Now, Mark's sister Sharon shared the happy news that the mother and son are to be reunited.</p> <p>"We're very happy today. We've got a great result," Sharon told <a href="https://9now.nine.com.au/a-current-affair/melbourne-mum-and-son-living-with-downs-syndrome-reunited-in-aged-care-facility/ff023844-be2d-4ab8-be95-75bf91f17b4a" target="_blank" rel="noopener"><em>A Current Affair</em></a>.</p> <p>"I'm so grateful that people understood and they listened. That's all I ever wanted through this whole thing, was someone to listen."</p> <p>The problems began when authorities originally refused Mark's request to move into Anne's aged care facility, with federal government policy saying that aged care is "not appropriate for people under 65".</p> <p>But Mark's relatives argued that given the life expectancy of people living with Down's syndrome is 60 years, an exception should be made.</p> <p>A new assessment was done and Mark has been granted a place at the same nursing home as his mother, as Mark's other sister Michelle said, "We got what we wanted. Everything worked out perfectly, the way it's supposed to."</p> <p>After Anne received the exciting news, she said, "I'm feeling great. He's staying with Mum!"</p> <p>Sharon and Michelle hope that their experience will assist other families with unique circumstances.</p> <p>"My advice is to keep pushing," Sharon said. "Only you know your family and you have to be their voice.</p> <p>"There's a lot of difference out there and a lot of people who are individuals [and] they need to be looked at individually."</p> <p><em>Image credits: A Current Affair </em></p>

Legal

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The surprising unknown road rule that is costing drivers

<p dir="ltr">A woman has issued a warning to Aussie drivers after being threatened with a hefty fine for a common car decoration. </p> <p dir="ltr">Janelle McEvoy, a young woman from Perth, took to TikTok to recall the moment she learned that she could be facing a fine for having an air freshener hanging from her car’s rear view mirror. </p> <p dir="ltr">“I randomly got breath tested on the way to an event this morning and the police officer told me when I get home I need to remove this hanging from my car to avoid the $100 fine and the demerit point,” she said in her TikTok video, which has since had nearly 2 million views. </p> <p dir="ltr">“Doesn’t everyone have one of these hanging from their car? Where is it supposed to go?”</p> <p dir="ltr">Thousands of people flocked to the comments on the video to share their surprise over the obscure road rule, with one person writing, “The way my jaw dropped when you showed what it was cause I bought the exact same thing not too long ago.”</p> <p dir="ltr">Another added, “That’s crazy, I have like four air fresheners and two crystal chains hanging from my car.”</p> <p dir="ltr">The rule, which varies between states, can carry fines and possibly the loss of demerit points, if a police officer deems that the driver’s vision is obstructed from whatever is hanging from the mirror.</p> <p dir="ltr">In NSW, drivers without a clear view of the road can be fined $410 fine and have three demerit points issued.</p> <p dir="ltr">In other Aussie states, the fine for obstructed vision can range between $100 and $361. </p> <p><em>Image credits: Shutterstock </em></p>

Money & Banking

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10 rules every good house guest follows

<p>You've been invited to stay in somebody else's house. You're instantly told "make yourself at home!" But you can't really, can you? Here's the unsaid rules of being a houseguest you just can't break. </p> <p><strong>1. Not arriving on time</strong></p> <p>Always provide your itinerary to your host before you arrive. If your flight or train is delayed, give them real-time updates. Google Map your journey in advance so you know exactly how to get to their house. It's awfully inconvenient as a host to be waiting to give a guest keys, but have them arrive two hours late because of an excuse like "I got lost".</p> <p><strong>2. Turning up empty handed</strong></p> <p>You don't need to bring much, but when staying at someone's house you need to arrive with a token of appreciation. A bottle of wine, some chocolates, or a kitsch little jar of jam you made. Turning up empty handed is expected by the host, but all good houseguests know a small gift is the right way to kick things off.</p> <p><strong>3. Keeping your shoes on</strong></p> <p>Perhaps you live in a shoes-on house when you're at home, but unless told so, you should never keep them on when staying at another's. Especially if you only see your host walking around bare foot, or in socks/slippers. Houseguests bring in extra dirt, fluff, and marks – the most conscious you can be of that, the better.</p> <p><strong>4. Turning down food</strong></p> <p>When you're staying in somebody else's home, you must eat what you are served. Hosts go to a lot of effort to make you feel welcome and cooking for you is a big part of that. If you have any dietary requirements, say so before you arrive and offer to bring a bag of shopping. Your host will probably refuse, but you've laid the groundwork for happy mealtimes for the duration of your stay.</p> <p><strong>5. Not cleaning up</strong></p> <p>Picture this: you're staying with a friend, and they're at work all day while you mooch around their house. The dishwasher is full but you don't know where anything goes in the cupboards. You pile your dirties in the sink, and your friend comes home to find them. Cue instant aggression that will forever remain unspoken. Avoid being a bad guest by cleaning up when you're a houseguest – even if you put things back in the wrong place.</p> <p><strong>6. Not asking to use laundry facilities</strong></p> <p>One of the most difficult things about travelling is getting your laundry done. When a washing machine and dryer become available, it's natural to want to jump on them. But you must ask your host first. They will always say yes – everybody understands what it's like to have to wear inside-out underwear when you've had no laundry facilities for a week – but it's just polite to ask.</p> <p><strong>7. Asking your host to quiet down</strong></p> <p>When staying in somebody else's house, there's a high chance of noises you're not used to. That could mean your host watching TV at midnight when you've got to be up early, or them talking loudly on the phone at 6AM while you're asleep. But you can't say anything about it. If you are noise-sensitive, always bring quality earplugs.</p> <p><strong>8. Bringing lovers home</strong></p> <p>We get it, maybe you're in an exciting new city and the options for a little sexy time are pinging at your phone every few minutes. But you cannot, under any circumstances, invite a new lover over to somebody's house when you're staying there. Even if you have their house to yourself, it's just a breach of respect. If you want to hook up, go to their place.</p> <p><strong>9. Leaving the bed unmade</strong></p> <p>Hosts generally accept there'll be some clean-up after you're gone. But don't leave the guest bed unmade, or your dirty sheets on it. Strip them off on your final morning, and either fold them nicely, or put them in the washing machine (this is one situation where you don't need their permission to use their laundry). Remake the bed with or without clean sheets if possible.</p> <p><strong>10. Not saying thank you</strong></p> <p>It doesn't have to be a formal written letter (though that would be nice, wouldn't it). But you must thank your hosts after you leave with a note, an e-mail, or even a text. It's something so easy to forget to do once you're gone, but ensures the host feels their hospitality has been appreciated. And if you've not broken any of the other rules, you'll definitely get invited back.</p> <p><em>Image credits: Shutterstock</em></p> <p><em>Written by Lee Suckling. First appeared on <a href="http://www.stuff.co.nz/" target="_blank" rel="noopener"><strong><span style="text-decoration: underline;">Stuff.co.nz</span></strong></a>.</em></p>

Home & Garden

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"It's just not OK": Parking inspectors under fire for fining innocent drivers

<p>Melbourne drivers are being hit with parking fines despite not doing anything wrong, raising questions about the legitimacy of the infringement notices. </p> <p>Emma Hodgkinson from Essendon told<em> 9News</em> that she was fined for supposedly overstaying in a two-hour parking zone. </p> <p>"I was furious, it's just not OK" she told the publication. </p> <p>Hodkinson had only left her house 40 minutes prior to the time stamp on the fine, and used CCTV footage from her home to prove it. </p> <p>"When I saw the timecode on the footage and I compared it to the time on the ticket I realised I hadn't done anything wrong and it was their mistake," she said.</p> <p>Many other drivers have had similar experiences, with one man from Richmond saying he received a $99 penalty earlier this month, despite having almost an hour left on his Pay Stay app. </p> <p>Another driver was fined by Stonnington Council who said he had parked for more than two hours even though he'd only been there for about 20 minutes. </p> <p>In most of these examples, many other cars in the same area had also been fined. </p> <p>"I was able to prove I was innocent but how are [the other drivers] going to be able to prove that?" Hodgkinson said.</p> <p>Council Watch representative Dean Hurlston said the reason why innocent drivers are being fined could be because council parking inspectors have to hit their quotas. </p> <p>"We know the job of a parking inspector is well paid for good reason," he told <em>9News</em>.</p> <p>"They definitely have quotas. Councils need money, they're cash strapped. This is a way to gouge and raise revenue."</p> <p>If you've been unfairly fined, it is important to collect as much evidence as possible, including photos and screenshots. </p> <p><em>Image: Nine News</em></p>

Legal

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Vandals wreck roadside CCTV leaving locals with $300k replacement bill

<p>Two mobile roadside cameras have been targeted and damaged by a group of young men, leaving a local Aussie council with a large replacement bill. </p> <p>Video of the incident was shared on social media over the weekend and shows about a dozen men, most of them covering their faces , pushing over a camera trailer before swinging on the boom and hitting the camera. </p> <p>The "night time shenanigans" drew a mixed reaction, with some praising their antics saying: "Not all heroes wear capes."</p> <p>Others described them as "legends" and said  "good job fellas."</p> <p>However many slammed their acts of vandalism, with one person saying: "Total of 49 braincells combined."</p> <p>According to <em>Yahoo News</em>, the cameras were not monitoring drivers and are not managed by Queensland's Department of Transport and Main Roads. The cameras belonged to local government area intended to tackle anti-social behaviour and crime.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/reel/DAfgtmOPqxk/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/reel/DAfgtmOPqxk/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Its Called Straya 🇦🇺 (@its_called_straya)</a></p> </div> </blockquote> <p>"Over the last week two of Council’s mobile CCTV camera trailers have been destroyed by vandals," a spokesperson for the council told the Townsville Bulletin.</p> <p>"The total replacement cost of both trailers is estimated to be more than $300,000 to ratepayers."</p> <p>According to council officials, the cameras were damaged in the suburbs of Woodstock and Bohle. </p> <p>"Townsville City Council has an extensive CCTV camera network of more than 600 fixed cameras and six mobile trailer cameras that can be deployed across the city to reinforce Council’s commitment to community safety," the spokesperson said.</p> <p>Police are investigating the incidents, urging anyone with information to come forward. </p> <p><em>Images: Instagram</em></p>

Legal

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Neighbour's "petty" act against "obnoxious" driver

<p>A Sydney resident has detailed her "petty" move against her neighbour after becoming fed up with his "obnoxious" parking.</p> <p>Venting about her neighbour online, the Manly resident claimed the man's "over loud, oversized vehicle permanently sticks out from his property, partially blocking footpath". </p> <p>While he was parked in his own driveway, blocking the footpath is illegal and can attract a $283 fine, sometimes more in other council areas across the country. </p> <p>"This noise-polluting monstrosity should be banned, or at least parked on the street (preferably not ours)," she said, attaching a picture of a large ute with its tray sticking out on the footpath. </p> <p>In an attempt to put an end to the "grubby" behaviour, the resident said she reported her neighbour to the Northern Beaches council. </p> <p>The council website states: "residents must not park in or across a driveway (even your own)," to ensure pedestrian safety and access.</p> <p>"Ensure your car is within the front boundary of the property or parked safely in the street."</p> <p>The council told <em>Yahoo News Australia</em> that after the incident was reported via Snap, Snap, Solve, the driver was fined.</p> <p>Officers have reportedly been proactively patrolling the area since, and found no repeated instances. </p> <p>However, the woman was shocked to see  see the driver's "pride and joy still there" in the driveway. </p> <p>"Today I received an email from council saying the matter has been resolved. Do council not care or is this an insufficient crime for any action to be taken?" she asked other residents on Facebook. </p> <p>Her post has divided residents, while most people agreed with her, others told her to mind her business. </p> <p>"I’m surprised he doesn’t get booked as he is blocking the footpath for prams and wheelchairs," one person said.</p> <p>"That’s kind of dangerous. Plus disabled or kids on bikes could slam into it," another added. </p> <p>"Car park is sh*te but it doesn’t seem like it’s affecting you. Take a deep breath and stop working yourself up over things that really don’t matter," someone else argued. </p> <p>"You sound like one of those neighbours that sticks their noses into other people's business," another added. </p> <p><em>Images: Shutterstock/ Facebook</em></p>

Legal

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Bogus "rule" sees bus driver block Dad and daughter

<p>A father from Sydney's inner west and his toddler have been denied entry onto a bus after a confrontation with the driver over an alleged "rule" about travelling with children.</p> <p>Graham Cooke and his daughter Katie had been commuting on the 370 bus from their home in Newtown to Katie's childcare every day for a year, until one morning when the pair were confronted with a problem. </p> <p>When trying to board the bus as normal, Graham recalled to <em><a href="https://au.news.yahoo.com/dad-refused-entry-on-public-bus-after-driver-enforces-little-known-child-rule-031938462.html" target="_blank" rel="noopener">Yahoo News</a></em> that the bus driver "aggressively" asked the dad how old his daughter was. </p> <p>When he explained that she was two-and-a-half, the dad claims the driver told him it was against the rules to have a toddler ride the bus without being in a stroller, and refused to let them onboard. </p> <p>"He immediately goes, 'no', puts his hand up, and he's like, 'you need to get off the bus. Children under three need to be in a stroller'." Cooke explained to Yahoo News.</p> <p>"He kept kind of yelling 'you need to get off the bus, I'm not driving the bus with a two-and-a-half-year-old held in your arms'," Graham said, while he tried to explain to the driver that he's done it "every day".</p> <p>Cooke then quickly looked up if such a rule existed on Transport NSW, eventually finding no evidence that young Katie had to be in a stroller to board the bus. </p> <p>When he tried to once again confront the driver to let them on, the driver responded that Cooke was holding everybody on the bus up.</p> <p>"I'm entitled to get the bus with my toddler, I'm just trying to get to work," Cooke said. After the standoff, the dad and his daughter had no choice but to get off the bus and wait for the next one, where they had no issues getting on board.</p> <p>"It was a really unpleasant experience," he said, recalling how his daughter, who ordinarily loves getting the bus, was left "upset" and cuddling into her dad.</p> <p>"She loves saying hello to bus drivers. She tends to, kind of charm everybody around pretty, pretty lovely experience," he said.</p> <p>"It upset me, because I just wanted to get to work and to be rejected on public transport in such a way. So it was a very unpleasant start to the day, and he was very aggressive and dogmatic about his view."</p> <p>After contacting Transport for NSW, the authority apologised for the incident, as a spokesperson said passengers travelling on buses with young children and prams have the choice to seat children in their care on a seat next to them, on their lap or to have them strapped into a pram where there is space on board for it to be parked safely.</p> <p>"All of our accessible buses have specific areas for prams and wheelchairs near the front of the bus, which will allow children to remain in the pram while on board if required," they said. "In that case, the front of the pram must be facing towards the back of the bus and be in firm contact with the panel, or bar behind it.</p> <p>"You'll need to fold your pram or stroller and store it in the luggage rack if there is not enough space on board the bus to safely park the pram, or if the driver asks you to.</p> <p>"In that case, you’ll need to seat the children in your care with you as it is not safe to stand and carry a child while a bus is moving."</p> <p>Responding to the statement, Cooke said, "It looks like it's completely not a rule. Parents should be able to bring their kids to daycare. A lot of daycares don't allow you to bring a stroller and leave it there."</p> <p>While the dad admits that most bus drivers are "lovely", he wants to send a message to other parents that they should know their rights travelling around on public transport.</p> <p>"It's difficult enough getting around in NSW with a toddler," he said. "It makes having a child and exploring the city pretty difficult. If you're in this situation, know your rights and that you can't be kicked off a bus just because you don't have a stroller, if you're happy enough carrying or holding your toddler."</p> <p><em>Image credits: X (Twitter)</em></p>

Legal

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Surcharges are added to most purchases, but what are the rules behind these extra fees?

<div class="theconversation-article-body"> <p><em><a href="https://theconversation.com/profiles/steve-worthington-138">Steve Worthington</a>, <a href="https://theconversation.com/institutions/swinburne-university-of-technology-767">Swinburne University of Technology</a></em></p> <p>You head to the register at the cafe to pay for your lunch, swipe your card and suddenly realise you’ve been hit with an extra small but unexpected charge.</p> <p>It might be listed on your receipt as a service or merchant fee, but either way it’s because you’ve used a credit or debit card.</p> <p>With the pandemic accelerating the use of cards instead of cash – <a href="https://www.rba.gov.au/publications/bulletin/2023/jun/cash-use-and-attitudes-in-australia.html#:%7E:text=Cash%20payments,-The%20CPS%20suggests&amp;text=In%20value%20terms%2C%20the%20cash,cent%20by%20value%20in%202022.">only 13% of Australians use cash</a>, dropping from 27% in the last five years – these extra charges have become mainstream.</p> <p>However, as was highlighted by National Australia Bank chief executive Andrew Irvine during a <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Corporations_and_Financial_Services/FinancialAbuse">parliamentary inquiry</a> into bank charges last week, they are often applied, in varying amounts, by businesses for reasons not always in line with their original purpose.</p> <p>Irvine slammed as <a href="https://www.afr.com/companies/financial-services/credit-card-surcharges-should-be-banned-or-regulated-nab-boss-says-20240830-p5k6jm">“outrageous”</a> a 10% surcharge he was forced to pay when he recently bought a cup of coffee at a Sydney cafe. “I don’t like the lack of transparency and lack of consistency,” he said.</p> <p>But most Australians are making these extra payments every day, without question. So how did this end up happening – and what can you do about it?</p> <h2>Card surcharges in Australia</h2> <p>At the start of this century, payments for goods and services were mainly made by cash, paper cheques, credit and debit cards.</p> <p>The first two of these options would eventually be deposited into a bank account by the merchant who ran the business. The latter two would be processed by the bank or financial institution which would charge the business a merchant service fee.</p> <p>For debit cards this might be a fixed fee. But for credit cards it would be proportionate with the value of the goods or services.</p> <p>The Reserve Bank of Australia became concerned the use of credit cards was greater than that of debit cards and <a href="https://www.rba.gov.au/publications/consultations/201106-review-card-surcharging/background.html">introduced surcharging in January 2003</a>. The intention was to lower the cost to the merchant of accepting debit cards and change customer behaviour.</p> <p>This has been achieved, as both the volume and value of paying by debit cards now exceeds the volume and value of paying by credit cards.</p> <p>However, the reality in 2024 is that card surcharges have become commonplace, and in a wide variety of payment situations.</p> <h2>It’s estimated to cost us billions</h2> <p>It is difficult to calculate the total cost of surcharging to Australian consumers since they became legal more than 20 years ago, because the rates charged vary widely.</p> <p>But at last week’s inquiry, Labor MP Jerome Laxale suggested it added up to <a href="https://www.smh.com.au/money/banking/card-surcharges-are-costing-us-billions-but-can-they-be-avoided-20240830-p5k6o8.html">A$4 billion</a> in the last year.</p> <p>Surcharges can be imposed by small to medium enterprises such as your local cafe, doctor’s surgery, your energy supplier, or when you use a card to pay your council rates.</p> <p>As an example, my rates are payable by card, with a surcharge of 1.10% for Mastercard and Visa credit, and 0.55% for eftpos and Mastercard and Visa debit cards.</p> <h2>When surcharges can be applied</h2> <p>Many merchants charge the same rate for all their card payments and some fail to alert customers to the extra fee before accepting the payment at their terminal, which they are required to do.</p> <p>Indeed, even on a receipt for payment, the surcharge can be described by the merchant as a “handling” or “merchant” fee.</p> <p>The Australian Competition and Consumer Commission <a href="https://www.accc.gov.au/consumers/pricing/card-surcharges">(ACCC)</a> regulates surcharging and demands the merchant prove a surcharge is justified.</p> <p>Furthermore, the ACCC says if there is no way for a consumer to pay without paying a surcharge – that is, they can’t pay by cash or cheque – then the business must include the surcharge in <a href="https://www.accc.gov.au/business/pricing/price-displays#toc-display-of-surcharges">the displayed price</a>.</p> <h2>Penalties for misuse</h2> <p>The ACCC can take merchants to court to enforce these regulations and there have been some examples of this in recent history.</p> <p>In July 2021, <a href="https://www.accc.gov.au/media-release/nine-entertainment-pays-penalties-for-alleged-excessive-payment-surcharges#:%7E:text=The%20ACCC%20alleged%20that%20these,Deputy%20Chair%20Mick%20Keogh%20said.">Nine Entertainment paid penalties totalling $159,840</a>, plus $450,000 redressing customers, for charging subscribers and advertisers excessive surcharges.</p> <p>The ACCC specifies that the surcharge must not be more than it costs the merchant to use that payment type.</p> <p>As guidance to the merchants, it also offers <a href="https://www.accc.gov.au/consumers/pricing/card-surcharges">the average costs for different payment types</a>: eftpos less than 0.5%, Mastercard and Visa Debit 0.5%–1% and Mastercard and Visa credit 1%–1.5%.</p> <p>However, despite the ACCC setting guidelines for the amounts that can be charged, many surcharges are above this guidance and in some cases more than 2.0% for all cards.</p> <p>Some merchants do charge different surcharging rates, depending on the cards they accept, be it eftpos, Mastercard or Visa. In theory, the surcharge rate is meant to be determined by the merchant service fee, which is negotiated between the merchant and their bank.</p> <p>Larger merchants, such as the supermarkets, department stores and energy companies, can negotiate low rates (reportedly as low as one cent a transaction). But smaller merchants with less negotiating clout will have higher service fees.</p> <p>The arrival of new payment players, such as <a href="https://www.forbes.com/advisor/business/software/square-vs-stripe/">Square and Stripe</a>, has offered businesses an alternative banker of card payments, which can then use surcharging as part of their merchant service fees.</p> <h2>Surcharging overseas</h2> <p>The <a href="https://europa.eu/youreurope/business/finance-funding/making-receiving-payments/electronic-cash-payments/index_en.htm">European Union</a> already has a long-standing ban on surcharging, while in the United States, surcharging is illegal in some states.</p> <p>Other countries, including the United Kingdom, have tried surcharging on card payments, only to abandon them as it was rorted by some merchants and became an unnecessary expense for consumers.</p> <p><a href="https://bluenotes.anz.com/posts/2023/07/anz-news-surcharge-steve-worthington-australia#:%7E:text=In%202018%20the%20UK%20Treasury,their%20hard%2Dearned%20money%E2%80%9D.">A statement</a> released by the UK Treasury when it banned the practice in 2018 described surcharges as</p> <blockquote> <p>Hidden charges for paying with a debit or credit card, which will help millions of UK consumers to avoid rip-off fees when spending their hard earned money.</p> </blockquote> <h2>What can you do about it?</h2> <p>Before surcharging was allowed by the Reserve Bank in January 2003, acceptance by merchants of payments was just another cost of doing business. And it seems many consumers have just accepted surcharges as part of their transactions.</p> <p>There are ways to avoid them, the most obvious being to use cash. Using eftpos involves charges, but they are less than those imposed on credit and debit cards.</p> <p>The Reserve Bank is working on implementing a so-called <a href="https://www.rba.gov.au/payments-and-infrastructure/debit-cards/least-cost-routing/#:%7E:text=What%20is%20least%2Dcost%20routing,'merchant%2Dchoice%20routing'.">“least-cost routing”</a> system that defaults to the lowest cost network when processing payments. Unfortunately, this is yet to be widely adopted by businesses.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/237964/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/steve-worthington-138"><em>Steve Worthington</em></a><em>, Adjunct Professor, <a href="https://theconversation.com/institutions/swinburne-university-of-technology-767">Swinburne University of Technology</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/surcharges-are-added-to-most-purchases-but-what-are-the-rules-behind-these-extra-fees-237964">original article</a>.</em></p> </div>

Money & Banking

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Millions warned over huge change to speed cameras

<p>For years, drivers in New South Wales have relied on the point-to-point speed camera rule, which only captures the speed of heavy vehicles, but that rule is set to change as part of a new trial as the state attempts to lower their death toll. </p> <p>The point-to-point, also known as average speed cameras are set to be turned on for all vehicles in two regional locations during the trial. </p> <p>The first location will be 15-kilometre stretch on the Pacific highway between Kew and Lake Innes in Port Macquarie, and the second location will be on the Hume Highway between Coolac and Gundagai, with 16km between the two cameras. </p> <p>“NSW is the only jurisdiction in the world to use average speed cameras but restrict their use to heavy vehicles only,” Roads Minister John Graham said.</p> <p>“In the context of a rising road toll, now is the time to trial these cameras for light vehicles and understand if we can keep more people safe on the road more of the time.”</p> <p>He added that all other states in Australia, as well as the UK and Norway have found the average speed cameras to be effective. </p> <p>“All other mainland Australian states and countries like the UK, Norway, Italy and the Netherlands have found average speed cameras to be effective and we aim to be as rigorous as possible to be sure they will also reduce road trauma in NSW.”</p> <p>“Rather than test your speed at a particular point in time, like a mobile speed camera, these test the speed you’re driving over 15 or 16 kilometres,” he said.</p> <p>“That means it’s a truer reflection of how quickly people are driving.”</p> <p>He added that the trial is focused on regional NSW as it has suffered a disproportionate amount of road fatalities, with six road deaths and 33 serious injuries between 2018 and 2022. </p> <p>“Although only a third of people live in regional New South Wales, that’s where two thirds of the deaths from road crashes happen," he said. </p> <p>Speeding contributed to 44 per cent of NSW road fatalities last year,  three-quarters of which were in the regional parts of the state.</p> <p>The trial will run for six months, and for those caught speeding, they will be given a 60-day warning letter period, before financial and licence penalties kick in.</p> <p><em>Images: news.com.au</em></p>

Legal

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Dad fined $1,200 for 'critical' seatbelt mistake

<p>At the start of last month, Queensland authorities increased driving fines to a record high, with the value of a penalty unit increasing by 4.2 per cent. </p> <p>One Aussie dad found out the hard way this week after he copped a $1,209 fine when he was stopped by police during a traffic operation as part of the state's Road Safety Week and found that his two kids did not have their seatbelts fixed correctly. </p> <p>They found the 5-year-old boy not properly secured in his booster seat, while a 6-year-old boy, who was seated in the right-side back seat, was found to have the middle seat belt wrapped around his neck.</p> <p>The hefty fine also comes with 4 demerit points. </p> <p><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">Queensland Police</span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;"> </span>have warned their motorists about increased police vigilance on their roads. </p> <p>"Failure to wear a seatbelt is one of the leading causes of road crash deaths. Unrestrained drivers and passengers are eight times more likely to be killed in a road crash," Acting Inspector Kylie Doyle said. </p> <p>"If this driver had been in a crash, it would have likely resulted in significant, possibly life-threatening injuries for these children."</p> <p>Following the state's move to increase the value of a penalty unit, drivers caught using their phone or not wearing a seatbelt properly will now pay a fine of over $1,200. </p> <p>Drivers caught speeding more than 30km/h over the speed limit are also forced to pay over $1,200. </p> <p>Based off the average salary in the state, this means that drivers caught for such infringements would be paying around 65 per cent of their weekly salary on the fine. </p> <p>Authorities across the country have been cracking down on driver misbehaviour in attempt to reduce the number of road fatalities. </p> <p>"It is critical we all play our part to be safer on Queensland roads," Acting Inspector Kylie Doyle warned motorists on Tuesday.</p> <p><em>Image: S</em><em>ongsook / Shutterstock.com</em></p>

Travel Trouble

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Mother furious after toddlers escape daycare onto busy road

<p>A young mother is demanding answers after her toddler managed to flee his daycare centre and walk onto a busy road. </p> <p>Adelaide mum Makayla Lill dropped her son Wyatt off at the Goodstart Early Learning Blair Athol on Monday, when only hours after, Wyatt and another toddler were seen climbing through a hole in a broken fence. </p> <p>The two children ran out towards the busy road, which is regarded as a notorious accident blackspot, forcing traffic to slow down to avoid hitting the children.</p> <p>The staff quickly realised the children had escaped and ran to retrieve them. </p> <p>"I am pretty furious. There’s no excuse,” Makayla said.</p> <p>After the children were secure, the staff rang Ms Lill to inform her of the incident, which is now under investigation. </p> <p>“The first thing she said was ‘I’m just letting you know Wyatt is safe’”, Ms Lill said. “That straight away makes you think ‘What’s happened?’”</p> <p>"They said he was there for a maximum, this is what makes me upset, 10 seconds," Lill said.</p> <p>The mother said staff told her the gap in the fence was missed on a routine perimeter check.</p> <p>George Mavromatis was nearby when the incident occurred and said he heard the staff's screams from across the road.</p> <p>"This is a very bad intersection. We've seen multiple car accidents, it was very lucky to come out of that lightly to tell you the truth," he told <em><a href="https://www.9news.com.au/national/two-children-found-wandering-near-busy-road-after-leaving-childcare-centre-adelaide/3c0164f9-d799-45e2-806b-1db00bc67e22" target="_blank" rel="nofollow noreferrer noopener">Nine News</a></em>.</p> <p>Makayla Lill has made a formal complaint with the centre, as some parents have pledged to remove their children from the daycare centre, while others have said they hoped it was just an isolated incident.</p> <p>The incident is now under multiple investigations by the centre and the Education Standards Board of South Australia, as South Australian Premier Peter Malinauskas said SafeWork may have a role to play in the investigation. </p> <p>"I think any parent would be horrified when they see these images. They're pretty confronting. I think it begs the question of what went wrong in this circumstance," Malinauskas said.</p> <p><em>Image credits: Nine</em></p>

Family & Pets

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New rules for Aussies travelling to Europe in 2025

<p>The European Union has introduced new rules for Aussie travellers planning a trip to Europe in 2025. </p> <p>The European Travel Information and Authorisation System (ETIAS) program, is a new entry requirement for visa-exempt nationals from 60 nations, including Australians, which will be introduced in the first half of 2025. </p> <p>The new travel authorisation requirement will apply to 30 countries within Europe including: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.</p> <p>With a valid ETIAS travel authorisation, you can enter any of the European countries listed above as often as you want for short-term stays which is usually up to 90 days in any 180-day period.</p> <p>“However, it does not guarantee entry. When you arrive, a border guard will ask to see your passport and other documents and verify that you meet the entry conditions," the EU website states. </p> <p>The ETIAS will cost around seven Euros ($11.50) and is linked to your passport. It is valid for up to three years or until the passport expires, whichever comes first. </p> <p>If you get a new passport, you need to get a new ETIAS. </p> <p>Travellers can apply using an online application form on the ETIAS website, or apply through their app. </p> <p>Most applications are processed within minutes but some applications may take longer to process. </p> <p>“If so, you will receive a decision within four days.</p> <p>“Please note that this period could be extended by up to 14 days if you are requested to provide additional information or documentation, or up to 30 days if you are invited to an interview.”</p> <p>After the application, “you will receive an email confirming the submission of your application which will include your unique ETIAS application number: make sure you keep this number for future reference.” </p> <p>“Once your application has been processed, you will receive another email informing you about its outcome.</p> <p>“When you get your ETIAS travel authorisation please make sure your name, passport number and other information is correct: if there is any mistake, you will not be allowed to cross the border.”</p> <p>Travellers are required to always carry the same travel documents used in their ETIAS application “otherwise, you will not be allowed to board your flight, bus or ship, or to enter any of the European countries requiring ETIAS.”</p> <p><em>Image: Shutterstock</em></p> <p> </p>

Travel Tips

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Aussie mum with no licence or car fined thousands for traffic offences

<p>An Aussie mum has copped thousands of dollars worth of traffic fines, despite not owning a car or holding a valid driver's licence. </p> <p>Victorian woman Tamara, 32, claims that she has received 16 different infringement notices this year alone in relation to 14 different licence plate numbers, and none of them are hers. </p> <p>The incorrect fines have been sent to her from as far back as 2022. </p> <p>Several of the alleged offences captured on road safety cameras show bearded men behind the wheel. </p> <p>"Clearly, I don't have a beard. The person in the picture is a male. Anyone with eyes can see it's not me," she told A Current Affair. </p> <p>The saga has badly impacted her mental health and she has called on both the police and road officials in the state to overhaul the system to prevent other people from ending up in the same situation as her. </p> <p>The mum fears that her identity or her expired licence number may have been compromised during Optus' mass data breach two years ago.</p> <p>"I am not the driver. I don't drive a vehicle, I don't even have a licence. I have no idea what to think actually because it is unexplainable."</p> <p>"It doesn't make any sense and it shouldn't make any sense in anyone's eyes. It doesn't add up and it's clearly fraudulent."</p> <p>Lawyer Justin Lawrence agrees with the 32-year-old and said that she is entitled to challenge the fines. </p> <p>"There is a system glitch there somewhere and she's entitled to challenge those fines. The system relies on the information that it has. If the information is inaccurate, then the system can't work," he said.</p> <p>Tamara has made a formal complaint to Victoria Police in a bid to clear her name, and they are now working with Fines Victoria to "investigate the circumstances around these incidents and resolve these matters". </p> <p>"Members of the public who believe they have been falsely nominated for a traffic infringement should contact Fines Victoria," a statement from the police read. </p> <p><em>Images: A Current Affair/ Nine</em></p>

Legal

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Bride and groom slammed over their “draconian wedding rules”

<p dir="ltr">A wedding planner has exposed a bride and groom she worked for who had an exhaustive list of rules for their big day.</p> <p dir="ltr">Ivy Miller shared a now viral TikTok about the couple’s “draconian” demands for their wedding day, that left many people saying they would “rather stay home” than attend the restricted day. </p> <p dir="ltr">Miller shared that the couple didn’t want any wedding guests making song requests to their DJ, with the bride and groom allegedly suggesting, “Just go to the club if you want your songs played.”</p> <p dir="ltr">The wedding planner also claimed that the couple asked guests not to ask their professional photographer to take photos of them, with the post reading, “I did not pay 10,000s of dollars for random portraits.”</p> <p dir="ltr">Instead, guests were told to join a shared photo album on a group app where they could crowd source photos from the day.</p> <p dir="ltr">Additionally, Miller said the couple did not permit any guests to bring a plus one, saying, “I’m not stressing and paying for strangers I’ve never met.”</p> <p dir="ltr">Finally, Miller’s post revealed that the couple had banned alcohol from their wedding because they wanted their guests to “actually remember” their celebrations.</p> <p dir="ltr">“No plus one? No alcohol? Is this a wedding?” questioned one TikTok user in response to the list of rules.</p> <p dir="ltr">“Sounds like a business convention rather than a wedding,” another person said of the unusual demands.</p> <p dir="ltr">“I went to an alcohol free wedding,” another commenter added. “[It was] the most boring wedding I’ve ever been to. Pretty much everyone went at eight and most of the evening guests didn’t turn up.”</p> <p dir="ltr">“Those are all the reasons people attend the wedding for,” a fourth person claimed. “I would recommend a really small wedding because that way your guests don’t end up secretly hating you.”</p> <p dir="ltr">However, other users defended the bride and groom’s requests, with one person saying, “It’s their wedding, their rules.”</p> <p dir="ltr"><em>Image credits: Shutterstock</em></p>

Relationships

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Lawyer warns drivers over little-known road rule with $2200 penalty

<p>While some say it's just "the Aussie way", one lawyer has warned against this common act that could cost you up to $2200. </p> <p>Speaking to <em>7NEWS </em>Astor Legal principal lawyer Avinash Singh, said that there has been a spike in motorists caught flashing their high beams on the road, to alert other drivers of police. </p> <p>“I’ve received an increased number of inquiries from people who have been caught flashing their high beams, warning oncoming drivers of police,” he said. </p> <p>“Most of my clients have been caught doing this by a mobile speed camera or an RBT, which they don’t realise can catch them out on this offence.”</p> <p>Drivers caught in the act could get an on-the-spot fine of $112 and one demerit point, and a maximum penalty of $2200.</p> <p>According to the Australian Road Rules, it is considered an unlawful use of headlights on high-beam. </p> <p>“It is an offence to drive on a road with high-beam headlights on if there is another vehicle in front, travelling in the same direction within 200m; or if there is another oncoming vehicle within 200m,” Singh said.</p> <p>“Similarly, road rules state that a driver must not use any light fitted to their vehicle to dazzle, or in a way that is likely to dazzle, another road user.”</p> <p>“It is arguable that flashing your headlights to warn of police would fall into the definition of ‘hindering police’ in the execution of their duty “</p> <p>Motorists on Reddit have described headlight flashing as representing “a camaraderie between motorists” and one even called it “the Aussie way”.</p> <p>But others have argued that the act could impact the safety of other drivers. </p> <p>“Traffic laws are meant to act as a deterrent for dangerous driving, flashing a fellow motorist has the same effect the ticket is meant to but with more immediate results. It should be widely encouraged,” one commenter wrote.</p> <p>“I feel it only changes the driver’s behaviour for a few seconds, but removes the deterrent of getting a fine. So it probably makes traffic, in general, more dangerous,” another said.</p> <p><em>Image: Shutterstock</em></p> <p> </p>

Legal

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Motorist fined $4000 for dodgy driver's license tactic

<p>A prominent Sydney lawyer has warned Aussie drivers against falsely nominating someone to take on their demerit points after one of his clients was fined $4000 for the illegal act. </p> <p>Speaking to <em>Yahoo News Australia</em>,  Sydney lawyer Avinash Singh said that there has been a significant spike in the practice in recent months. </p> <p>"In 2024, Transport for NSW (TfNSW) commenced a crackdown on false nominations of drivers," he told <em>Yahoo</em>.</p> <p> "There has been a widespread trend of people agreeing to take demerit points for other drivers.</p> <p>"The person nominated will usually charge a fee to take the demerit points. Often they are on international licences and may not even be in the country."</p> <p>He then explained the case of one of his clients who was issued a $4,000 fine for trying to offload their demerit points. </p> <p>"The reason the fine was so expensive was because the vehicle was registered as a company vehicle and the company had a record of previous offences," he explained.</p> <p>"As such, it was subject to the penalties for a corporation, which are significantly greater than that of an individual ($1,500)."</p> <p>He said the matter was listed at court where the $4,000 fine "could have been increased to $22,000".</p> <p>Singh managed to fight the fine on behalf of the driver, but warned that authorities are increasing their surveillance on this illegal act and have urged Aussies to remain vigilant. </p> <p>The tactic has gained popularity over the past few years, with the illegal service often being advertised on social media and the price of one demerit point going for anywhere between $30-$150.</p> <p><em>Image: Facebook/ Yahoo</em></p>

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My Kitchen Rules star dies at just 46

<p><em>My Kitchen Rules New Zealand </em>contestant Michael Murray has passed away at just 46. </p> <p>An extended family member, who asked not to be named, has confirmed his death on Monday afternoon. </p> <p>“It’s a shock to all those who know him,” the relative told <em>Daily Mail Australia</em>. </p> <p>No cause of death has yet been released. </p> <p>Murray, of Ngāti Maniapoto heritage, competed in the 2024 season of the popular cooking show with his cousin Piki Knap. </p> <p>According to their biography for the series, the pair grew up together in Te Kūiti, south of Auckland, and developed their love of cooking from entertaining family guests.</p> <p>Murray was a huge Jamie Oliver fan, and was comfortable in front of the camera, after spending 12 years in Mexico where he worked on  telenovela soap operas and did small stints on other shows. </p> <p>He returned to New Zealand after the pandemic. </p> <p>“My background is modelling and acting,” he told <em>The New Zealand Herald</em>.</p> <p>“I was Mr New Zealand back in 2005, and that’s what took me overseas and eventually to Mexico. Obviously, I’m not Mexican, but they thought I was Latino! </p> <p>"I did some great work there, then to come home and be a part of this whole journey with MKR is a blessing in disguise. I’ve always put my hand up to opportunity.”</p> <p>Murray's family are now dealing with the devastation of losing another loved one after Murray's aunt passed away from terminal cancer a few months after the duo started filming for MKR. </p> <p><em>Images: My Kitchen Rules NZ</em></p> <p> </p>

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