WA

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…

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…