Law Talk Episode

10th July 2025

Description

In this week's episode, Pete queried the legal standing of email disclaimers and his right to medical information, with Nick confirming that such information is generally covered by the Privacy Act and should be disclosed. Les sought clarity on the legality of informal long-term rental arrangements, to which Nick advised that the Residential Tenancy Act could apply for arrangements over six months, triggering obligations for written agreements. Peter asked about recording phone calls without consent, and Nick explained this is generally illegal under the Surveillance Devices Act, advising a Privacy Act request for call recordings and an APRA complaint for medical organisations. Karen raised concerns about a storage unit break-in despite contractually guaranteed security, and Nick advised pursuing a claim under Australian Consumer Law for breach of duty of care and skill, and potentially a minor case claim in Magistrates Court. Finally, Kevin called in seeking advice on his deceased father's estate which his brother, the administrator, was delaying, and Nick suggested applying to the Supreme Court to have him removed and to compel him to provide accounts.

Topics Discussed:

Email disclaimer legal standing

Email disclaimer legal standing

Right to medical information

Right to medical information

Informal rental arrangements

Informal rental arrangements

Residential Tenancy Act application

Residential Tenancy Act application

Recording phone calls without consent

Recording phone calls without consent

Surveillance Devices Act

Surveillance Devices Act

Storage unit security breach

Storage unit security breach

Australian Consumer Law claims

Australian Consumer Law claims

Deceased estate administration delays

Deceased estate administration delays

Executor removal and accounts

Executor removal and accounts