WA

The defence of self-defence is well-established in Australia. It is based on the widely accepted rationale that a person shouldn’t be punished for defending themselves against an unjustified attack. When an accused raises the defence of self-defence, this gives rise to a reverse onus, meaning it is then up to the prosecution to prove beyond…

A caveat is a formal notice or warning issued against the title of a property. In Western Australia, caveats are registered at Landgate, which is the titles office responsible for recording all dealings and interests regarding Western Australian land. Caveats cannot be placed on personal property but only on real estate. The purpose of a…

In Western Australia, police can arrest and detain a person in order to keep the peace, prevent a crime or to protect the life and property of the community.  An arrest is the process used to bring a person into police custody and to charge that person with an offence. When police can arrest you…

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…

Last week the historic Gay Conviction Expungement Bill passed the West Australian parliament. People in Western Australia with historic convictions on their records for having consensual gay sex prior to its decriminalisation in 1990 will be able to have these convictions expunged. Western Australia is the last Australian jurisdiction to pass such legislation, with a…

Cycling rules are different in every state and territory. In Western Australia, cyclists of all ages are permitted to ride on the road or on the footpath, but must obey all road rules. Cycling rules are contained in the Road Traffic Code 2000 and in the Road Traffic Act 1974.  The most important road rules as they…

The number of people charged with making threats to kill and threats to cause injury has almost tripled in Australia in the past decade. Arguments get out of hand and one or both parties makes a threat as to the life or safety of the other person. A threat to kill can be made in…

While the Children’s Court and the Family Court are separate jurisdictions that deal with different types of proceedings, there are some situations where they overlap. While the Children’s Court of Western Australia deals with child protection proceedings, the Family Court deals with family law matters including parenting orders. In some situations, the Department of Child…

Mediation is an important and usually a compulsory step when it comes to Civil Litigation proceedings. The purpose of mediation is to see whether a mutually acceptable resolution can be achieved between the parties to avoid the matter proceeding to trial. It is prudent for anyone contemplating civil litigation to understand what mediation conferences are and…

A fundamental rule of the common law is that a person suspected of a criminal offence has the right to silence. This principle extends to the right of a suspect to refuse a police interview and the right of a defendant going through a criminal trial to choose not to give evidence. The right to…

The use of firearms in Western Australia is governed by the Firearms Act 1973 and the Firearms Regulations 1974. The Firearms Act sets out a range of offences relating to the improper use, possession and storage of firearms. Failure to comply with its provisions  may result in having your firearms seized and being charged with…

In Western Australia, all real estate and business agents have an obligation under the Real Estate and Business Agents Act 1978  to comply with the obligations set out in the Real Estate and Business Agents and Sales Representatives Code of Conduct 2016 at all times. The primary duties imposed on agents and sales representatives by…

Adoption in Western Australia is regulated by the Adoption Act 1994. Adoption is a permanent legal arrangement, finalised by a court order, that cuts the child’s legal ties with their birth family. Parental responsibility is given to the adoptive parent/s and the adopted child becomes a full member of the adoptive family. This means the…

The criminal laws surrounding cannabis use in Western Australia were amended in 2011. The new laws seek to avoid criminalising cannabis use where the offender has possessed a small quantity of the drug and made no attempts to supply it. Those caught with a small amount of cannabis are dealt with by a Cannabis Intervention…

Sexual offences in Western Australia are governed by the Criminal Code Compilation Act 1913. That act contains a range of sexual offences against children who are below the relevant ages of consent as well as sexual offences against adults. For most sexual offences against adults, the absence of consent is an essential element. Consent Consent…

In Western Australia when a person commits serious traffic offences, they face penalties including steep fines and periods of imprisonment. Long periods of licence disqualification may be imposed and the vehicle may be temporarily impounded or even permanently confiscated. Disqualification Notices In Western Australia, when a person commits certain drink driving offences, they can be…