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Jury Service (WA)

Jury Service (WA)

Serving on a jury is an opportunity for members of the public to learn about the judicial system and to be involved in the administration of justice. Any person who is enrolled to vote in Western Australia is liable to serve as a juror, however some persons can be excused from jury service or are…

Civil Liability of Children

Civil Liability of Children

Children are generally responsible for the consequences of any wrongful acts they commit. However, the degree of reasonable care to be expected of a child depends on the age and experience of the child. How the liability of children is assessed is in some respects different from how the wrongdoing of an adult would be…

Murder and Manslaughter

Murder and Manslaughter

Murder is generally considered to be the most serious of all criminal offences. It is closely related to the lesser offence of manslaughter. Both murder and manslaughter are homicide offences, meaning offences involving one person being killed by another. New South Wales also has several other homicide offences, with which a person can be charged…

Heavy Vehicle Offences: Higher Penalties and More Accountability

Heavy Vehicle Offences: Higher Penalties and More Accountability

If you drive a vehicle with a weight of more than 4.5 tonnes on any road in Australia (except Western Australia) then you may find yourself before a Local Court or Magistrates Court for Heavy Vehicle offences. The requirements under Queensland and New South Wales legislation in this area are now quite onerous since changes…

Discrimination Against the LGBTIQ Community

Discrimination Against the LGBTIQ Community

Victoria is one of the most progressive Australian jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people. Gay activism in Australia began in Melbourne, with gay rights organisation such as Daughters of Bilitis, Society Five and Homosexual Law Reform Coalition forming during the 70s. In 2016, Premier Daniel…

Giving Evidence in Court

Giving Evidence in Court

If you have been summonsed to give evidence in a criminal matter, you are required to comply and are may be charged with contempt of court if you do not attend and a warrant may be issued for your arrest. If you have to deal with a medical emergency or some other exceptional circumstance prevents…

Provocation in Victoria

Provocation in Victoria

Provocation was abolished as a partial defence to murder in Victoria in 2005. Prior to that year, provocation could be used to reduce a conviction of murder to one of manslaughter. Provocation in Victoria no longer amounts to a partial defence. However, any provocative conduct by a victim is considered in determining the appropriate sentence…

Contributory Negligence

Contributory Negligence

Contributory negligence arises when a plaintiff’s lack of care contributed to the harm or injury they suffered. It can be advanced as a full or a partial defence by a person being sued for the tort of negligence. Whether a plaintiff was contributorily negligent will depend on whether they failed to take the standard of…

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