WA

Context More than 95% of civil matters are resolved without proceeding to a civil trial. It is, however, important to be aware of the procedures involved in a civil trial so that you are prepared in the event your matter does not resolve and a trial is necessary. This primer provides a summary of some…

The Defence of Intoxication Using Intoxication as a defence in WA is governed by the Criminal Code Act Compilation Act 1913 (WA) (‘the Code’). That section operates in conjunction with section 27 of the Code, which deals with the defence of Insanity in WA. The two sections operating together provide for the circumstances when Insanity…

Offences and Courts Defending a charge in a criminal trial can be a very daunting experience, particularly when the person charged is unfamiliar with the criminal justice system. Trials can be heard in the Magistrates, District, or Supreme Court. The court in which a trial is heard usually depends on the severity of the offence. For…

The Defence In the quarter century over which I’ve been practising in the criminal law, I have literally lost count of the clients whose primary explanation for their actions is “I was drunk/stoned or both”. Whilst intoxication may explain a multitude of behaviours in society, does it afford a defence at law? If so, is…

Context Increasingly, people are commencing a minor case claim in the Western Australian Magistrates Court without first seeking legal advice. Self-representation is fraught with significant danger for the unrepresented litigant. A misunderstanding of the law, the legal process, or the Court’s procedures will quite possibly result in an unsuccessful litigation, with the applicant ultimately ordered…

New minimum passing rules for drivers overtaking cyclists in Western Australia are to be introduced as a partial modification of the state’s Road Traffic Code. The new regulations are due to take effect in Western Australia as part of the state’s traffic law from the 30th of November 2017. New minimum passing rules in WA: what do the…

Under West Australian law, there’s a home invasion defence that could potentially be relied on by homeowners or occupants who’ve used force to defend themselves against a home invader in Western Australia. It could possibly be raised as a defence in situations where they’ve subsequently been charged with a criminal offence such as assault occasioning bodily harm. This…

Probate in Western Australia is governed by the Administration Act 1903 (WA). To receive a grant of Probate in WA, there must be a Will made by a person (called a ‘testator’) that nominates another person to administer the Will (called an ‘executor’), which specifies which people are to benefit under the Will (called ‘beneficiaries’).…

Another of Australia’s federal politicians has been caught driving while using a mobile phone. Just 2 days out from the election and in her highly visible campaign car, Foreign Affairs Minister Julie Bishop was photographed committing the offence as she drove along a congested major road in Perth on Thursday. In Western Australia, you are…

Drug offences in Western Australia, which fall under the Misuse of Drugs Act 1981, state that it is illegal to possess, manufacture, cultivate, use or supply an illicit drug. The law is divided into offences of: possessing and administering manufacturing of controlled precursors trafficking of controlled substances the cultivation and sale of controlled plants, and…

Fraud in Western Australia is a general offence that is defined under s 409 of the Criminal Code (WA). The most common example of fraud is where a person has an intention to defraud and obtains property from another person by deceit or by any dishonest means, and includes, for example, obtaining Centrelink benefits to…

Legal actions are either criminal or civil in nature. Defamation in Western Australia is a civil action, known as a tort. It is broadly defined as the publication of unsubstantiated facts that hurt an individual’s reputation or suggest that someone should be shunned, avoided, hated, ridiculed, or treated with contempt. Defamation was developed in the…

The Interlock Program in WA (Western Australia) is a restricted driving program for those convicted of serious or repeat alcohol-related driving offences. It aims to improve road safety in the state by preventing drink drivers from operating a vehicle while over the prescribed limit, and by channelling them into assessment and treatment programs. The program…

The law that governs the sex offenders register in WA (Western Australia) is the Community Protection (Offender Reporting) Act 2004. The purposes of the Register, known as the Community Protection Offender Register, include: to lessen the chances that convicted offenders will re-offend to help police investigate and prosecute any future offences committed to allow for…

There are a range of Drug Diversion Programs in WA (Western Australia) offered by both the police and the courts. These programs can help those with drug problems by referring them to services that can help them to deal with their drug use and other issues. Police Drug Diversion Programs in WA Police diversion programs…