WA

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…

In Western Australia each court has its own individual jurisdiction in relation to contempt of court. Under each jurisdiction, a person may be found guilty of contempt of court offences and be liable to a fine or a term of imprisonment, or both. If a person who has been punished for contempt of court apologises…

Duress is a full defence to most criminal charges. An accused can be acquitted on the basis of duress if they were essentially ‘forced’ into committing the acts that make up the criminal offence. The defence of duress is based on the principle that a person should not be held criminally responsible for acts that…

Rent from residential properties is a common sources of income for investors. Investment properties can, however, be a giant headache for landlords (also known as lessors) when terminating a residential lease and re-possessing the property because of an un-cooperative tenant. Tenants may breach their lease agreements in a range of ways, including by failing to…

A Conditional Release Order (CRO), also known as a Good Behaviour Bond, is an order that can be made by a court at sentencing under Part 7 of the Sentencing Act 1995 (WA).  Conditional Release Orders require the offender to avoid re-offending for a period of time and comply with other conditions.  When a court…

Laws regulating abortion in Australia vary dramatically between different states and territories. Abortion was decriminalised in Western Australia in 1998. Abortion is now available on request up to 20 weeks’ gestation and after 20 weeks gestation with the agreement of two medical practitioners. Western Australia has not yet legislated for ‘safe access zones’ around medical…

In Western Australia the law views a young person under the age of 18 years as being vulnerable and as experiencing disadvantages when dealing with police. The law recognizes that a young person may make mistakes and that young people often do not think about the consequences of their actions. For this reason, a responsible…

Youth Justice Conferences are a diversionary option available to young offenders who have been charged with a criminal offence. They are an alternative way of dealing with offences that are too serious for warnings or cautions while allowing the young person to avoid going through the court system. Youth justice conferences bring young offenders, their…

In all jurisdictions, children are not held to be criminally responsible for their actions until they reach a certain age. The age of criminal liability varies across different jurisdictions. In Western Australia, pursuant to section 9 of the Criminal Code Act Compilation Act 1913, the age of criminal liability is 10. If you are aged 10…

Obtaining the benefit of a monetary judgment whereby the successful party is to claim a sum of money from the unsuccessful party can often be a stressful and difficult process. Whether the monetary judgment was obtained through succeeding at a trial or in default of the unsuccessful party doing something that they were obliged to…