WA

The World Health Organisation declared Covid-19 a pandemic on the 11 March 2020. On the 15 March 2020 the Western Australian Minister for Emergency Services and the State Government declared a State of Emergency in WA under the Emergency Management Act 2005 and a Public Health Emergency under the Public Health 2016 Act. Under these declarations,…

The criminal law in Western Australia provides for a defence of intoxication to be used in very limited circumstances. A person who is intoxicated to the point of being unable to understand what they are doing has a defence to a criminal charge only if their intoxication is involuntary. This means that if a person…

The Guardianship and Administration Act 1990 (WA) sets out the rules and procedures surrounding adult guardianship in Western Australia.  Adult guardianship is necessary when a person is unable to make their own decisions about their lifestyle, medical treatment and legal affairs and requires another person to make decisions on their behalf. Legislation Section 43 of…

If you are involved in a car accident, and you suffer damage, you may be entitled to a motor vehicle accident compensation claim under Compulsory Third-Party Insurance. Compulsory Third-Party Insurance Compulsory Third-Party Insurance is a compulsory scheme of insurance under which an insurance policy must be taken out in respect of any registered vehicle against…

Each Australian state and territory has made different changes to its court processes due to the COVID-19 crisis. While some jurisdictions have adjourned all but the most urgent court matters, others are continuing to operate their courts but doing so in a way that incorporates social distancing requirements set out by health departments. This article…

When dealing with a person who has been found guilty of criminal offences, courts may impose reparation orders. A reparation order is made in addition to (not as part of) the sentence imposed on an offender. Reparation Orders are governed by Part 16 of the Sentencing Act 1995, which provides that courts may impose two types of…

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…