WA

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…

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…