Law Talk Episode

27th November 2025

Description

In this week's episode, Nick first detailed the fines and strict supervision rules for childcare centres after a three-year-old with autism escaped, citing the penalties as a deterrent and noting that fines go to the state. Caller Rick thanked Nick for assistance with a property dispute, which Nick used as a lesson on documenting assets to avoid complexities like a legal claim for constructive trust when property is held in another's name. Lynn, a co-executor and beneficiary, queried whether she needed separate lawyers for a will contest, and Nick advised that one lawyer is usually sufficient as long as there is no conflict, and recommended pursuing a settlement to avoid costly court proceedings. Nick also discussed the risk of criminal defamation, comparing strict international laws to Australia's greater freedom of speech but noting WA still has the law on its books. Finally, Nick advised Ken that without a Binding Financial Agreement (prenup), his daughter's separately-owned, newly built property would be subject to division in the event of a separation from her engaged partner.

Topics Discussed:

Daycare fined for child's escape

Daycare fined for child's escape

Supervision rules and high fines

Supervision rules and high fines

Documenting property in other's name

Documenting property in other's name

One lawyer for will contest

One lawyer for will contest

International criminal defamation laws

International criminal defamation laws

Prenups

Prenups