WA

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…

While in most of Australia, separating de facto couples may execute a superannuation split to adjust their superannuation entitlements in the same way they may divide the rest of their asset pool. This is not currently possible for de facto couples in Western Australia. In Western Australia de facto couples who have separated cannot split…

If you are going through a separation, it is important to get legal advice on the financial implications of this as early as possible. It is common for one party to a marriage to seek family law advice  and to have commenced making plans for the future before the separation has even occurred, while the…

If you have criminal convictions that are more than 10 years old, you can apply for an order to have them declared spent pursuant to Section 6(1) of the Spent Convictions Act 1988 (WA). Old convictions are classed as either “serious convictions” or “lesser convictions”. How you apply for an old conviction to be spent…

In recent years, the Western Australian government has been cracking down on drivers who repeatedly commit traffic offences. Whilst the vast majority of traffic offenders are dealt with by way of infringements where they pay a fine and incur some demerit points, some offences are considered too serious for this and must be dealt with…

Every state and territory of Australia has different criminal laws and therefore, different laws relating to the age of consent. In Western Australia, the age at which a person can validly consent to sex is 16. This is the same for males and females and for heterosexual and homosexual sex. A person who is aged…

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…