WA

Under the Prostitution Act 2000, it is illegal to carry out street-based sex work in Western Australia and most prostitution-related activities are illegal. However, the act of prostitution itself is not against the law in WA. Brothels are illegal under the West Australian Criminal Code but there are no laws prohibiting escort agencies. Numerous prostitution…

A person can be found guilty of the tort of negligence in a range of contexts. Any person who does something that could affect someone else has a duty of care to the other person. The level of care owed to the other person depends on the situation. Negligence can occur in a professional setting…

In Western Australia, there are two main types of offences: summary and indictable offences.  Summary offences are also known as simple offences and indictable offences are also known as crimes. Western Australia also has a third category of offences known as either way offences. These may be dealt with as simple offences or as crimes,…

If you’ve ever had a dispute with your neighbour, chances are that it was in relation a dividing fence. Dividing fence disputes are one of the most common civil law disputes and it is not uncommon for people to be involved in one or more of them in their lifetime. This article will outline what…

­­In Western Australia, how an offence is described in the statute affects whether the charge must be dealt with on indictment in the District or Supreme Court or as a summary offence in the Magistrates Court. West Australian legislation describes two types of offences: simple offences and crimes. There are also ‘either way’ offences contained…

Evidence is governed by various and complex rules to ensure that our courts and juries only rely on what is admissible evidence. ‘Admissible evidence’ is evidence that is capable of being received by a court or tribunal that goes towards proving a fact in issue.  To be admissible, evidence must be relevant and lawfully obtained.…

Costs, particularly legal costs, should be an important commercial issue that parties should take into account at all stages of a dispute or court proceeding. This is because costs can often amount to a significant portion of a party’s claim. In some cases, particularly in matters that arise in the lower courts, costs may even…

A local government body in Western Australia is planning to ban the practice of wheel clamping within its boundaries. The City of Stirling recently voted unanimously to draft the Immobilisation and Detention of Vehicles Local Law 2019. The bill would ban wheel clamping in most circumstances and regulate the detention of vehicles including on private…

In criminal proceedings, costs orders are sometimes made in favour of the Defendant. The primary purpose behind an order for costs is to compensate a Defendant who has not been found guilty for the expenses they have incurred by reason of the commencement of the legal proceedings. In the Magistrates Court, the Prosecution will pay…

When the parties to a marriage or de facto relationship separate, it is important to consider how they hold their interest in assets, especially the matrimonial home. In Western Australia, it is possible to own property as joint tenants or tenants in common. Tenants in common usually hold a property with defined interests, which are…

In Western Australia, under section 378 of the Criminal Code a person who steals anything that is capable of being stolen commits the crime of stealing. Things capable of being stolen include every moveable inanimate thing which is the property of a person. The term steal is defined in section 371 as fraudulently taking anything…

The WA Criminal Code contains a number of offences relating to robbery. Robbery is known as a composite offence, as it involves an element of violent and an element of theft. Robbery offences are indictable offences and must be finalised in the District Court after the matter has proceeded through a committal hearing. Where the…

A child may become involved in the criminal justice system in a number of ways. Some of the most common ways this occurs are when a child discloses a current or historic incident of sexual or physical abuse, when a child is physically assaulted or robbed and when a child witnesses a crime or is…

Automatism refers to the involuntary conduct of a person caused by the lack of conscious volition. It includes actions or conduct such as: Sleepwalking; Episodes of epilepsy; Dissociation caused by physical trauma such as a blow to the head, resulting in severe concussion; Drug-induced psychosis; and/or Psychological trauma or trauma resulting from extreme stress. Sane…

If a person who is found guilty and sentenced by the Magistrates Court of Western Australia feels the decision was wrong at law, they should consider whether they can appeal that decision.   Criminal appeals are applications to a higher court seeking the review of a decision made by a lower court.  A person can appeal…

It is no secret that legal proceedings are time consuming and expensive whether you are the one making the claim or the one defending a claim. It is therefore often the case that the best option for all parties is resolving civil disputes without commencing legal proceedings. In saying that however, resolutions can occur even…