Law Talk Episode

11th December 2025

Description

In this week's episode, Nick first shared details about MKI Legal's tech-focused approach to legal services. Caller Jodie sought clarity on her rights as a full-time worker being forced to take annual leave during a Christmas shutdown with insufficient notice, where Nick advised checking the modern award and contacting the Fair Work Ombudsman regarding the breaches. Nick then outlined several traps for landlords under the WA Residential Tenancy Act, including limits on bond/rent upfront, pet refusal rules, and fines for non-compliance. Caller Eddie asked for advice on his grandfather's property damage caused by a neighbour's trees, and Nick recommended using the Dividing Fences Act procedure and pursuing a civil trespass claim for the root damage. A question from Rick clarified the liability for property managers versus owners in civil and criminal disputes, and finally, caller Paul asked for recourse after losing $48,000 in a bank scam via a stolen phone, to which Nick advised taking the complaint to AFCA (Australian Financial Complaints Authority).

Topics Discussed:

Insufficient notice for forced annual leave

Insufficient notice for forced annual leave

Employer deducting annual leave hours

Employer deducting annual leave hours

Strict limits on bond and rent upfront

Strict limits on bond and rent upfront

Tenant rights regarding pets and notice

Tenant rights regarding pets and notice

Dividing Fences Act for tree damage

Dividing Fences Act for tree damage

Owner liable for manager in civil dispute

Owner liable for manager in civil dispute

Bank has duty to prevent customer scams

Bank has duty to prevent customer scams