Description

In this week’s episode, Carol sought advice on a dividing fence and retaining wall dispute with her neighbor who had dug away soil, and Nick advised she could make a claim under the Dividing Fences Act or for retaining wall damage in the Magistrate’s Court. Dee queried about the non-renewal of her fixed-term contract as a WA government employee, and was informed by Nick that she is covered by state legislation like the Public Sector Management Act, not the Fair Work Act. Danni raised a question on how her son's criminal charges could be removed after the ex-partner changed her mind, with Nick clarifying that the ex must voluntarily retract her witness statement to the police prosecutor, who holds the final decision. Mark brought up a question on why a charged person is referred to as an "alleged shooter", and Nick explained it is a convention based on defamation law and the principle of innocent until proven guilty. Finally, Jean brought up a property issue regarding water ingress and flooding from a neighbour's place, and Nick recommended pursuing a claim for common law nuisance or trespass if the neighbour interfered with the natural water flow, or contacting the local council.

Topics Discussed:

Prenups

Fence and retaining wall disputes

State government fixed term contract laws

Withdrawing criminal charges

Defamation's use of "alleged"

Property damage from water runoff claims