Articles
Wills and Estates
Making a Will if capacity is in question
How to go about making a will if capacity is question. Who decides on the capacity? When should the Will be signed? Could the Will be challenged? How a lawyer can help. If you are over the age of 18 you can make a Will – provided you have capacity.
Living through your Retirement – Life beyond bowls and bingo!
People talk about buying their first home as being a life-changing event, which it is. It is rare however for people to talk so excitedly about moving into retirement living. Sooner or later most of us are likely going to have to deal with this confronting issue,...
Enduring Powers of Attorney Explained
Most people have heard of a Power of Attorney, however, most do not fully understand the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document which can be used to authorise a person...
Family
Binding financial agreements – Thorne v Kennedy revisited
Since the High Court of Australia handed down its findings in the matter of Thorne v Kennedy [2017] HCA 49, there has been much discussion as to what the implications of the decision are for binding financial agreements in Australia, with more than one headline...
The Family Court and de facto relationships
Over the last decade, an increasing number of Australians are living in de facto relationships, while marriage rates have fallen. Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating...
Marriage Equality: What Impact has the Amendments to the Definition of Marriage had on Family Law?
On 7 December 2017, the Commonwealth Parliament enacted legislation that amended the definition of marriage in the Marriage Act 1961 (Cth) to ‘…the union of 2 people to the exclusion of all others, voluntarily entered into for life’ (formerly, the definition was in...
Commercial
Liquidated damages in construction and commercial contracts
Including a liquidated damages clause in construction or commercial contracts is a common way of addressing what sanctions will apply if a breach of contract arises during the operation of the contract. It is therefore important to understand exactly what is meant by...
Differences between Employees and Contractors
Businesses should have systems in place to ensure that the correct determination is made as to whether a worker should be classified as an employee or as an independent contractor. This is important as tax, superannuation and other obligations will apply depending on...
Anti-Bullying Orders made by the Fair Work Commission explained
Where a worker has been bullied by an individual or a group in the workplace, the Fair Work Commission has the power to make anti-bullying orders where there is a risk that the complainant worker will likely continue to be bullied at work by said individual or group.
Property
Things to consider when buying a rural property
Buying a rural property or farm is different to buying a residential house in town. As you would with residential property, if you are looking to purchase rural land…
Update on Personal Property Security Register
The Personal Property Securities Register (“PPSR”) is a national, electronic register of security interests in personal property that was established on 30 January 2012. What does the PPSR cover? The easiest way to understand what is covered by the PPSR is to dissect...
Traps to Avoid when buying a Property – Pre-Contract Inspections
Buying a home is the biggest investment or financial outlay that most of us will make in our lifetime. It is, therefore, critical to your financial future that when you purchase a home, whether it is for personal use or as an investment property, you make...
Criminal
The procedure for dealing with indictable offences in the Magistrates Court
All indictable offences may be tried on indictment, but some indictable offences may be tried summarily in the magistrates court if the Criminal Code, or another written law, provides for a "summary conviction penalty" for an indictable offence and the accused is...
Criminal Injury Compensation: Your Rights and Obligations as a Victim of Crime
Being a victim of a criminal offence can be a traumatic experience with long-lasting physical and psychological effects. The injuries sustained have the ability to impact not only your career, but also your confidence and life in general. Criminal injury compensation...
A Criminal Defence Lawyer’s Guide to WA Drug Offences
Being involved in criminal proceedings for drug-related offending can be a stressful experience for not only the accused but their friends and family. To ease the burden and anxiety often associated, we suggest you consider the following issues. 1. Your Rights The...
Personal Injuries and Compensation
Criminal Injuries Compensation: Recovering Compensation as a Victim of a Crime
If you find yourself in the unfortunate situation where you are a victim of a criminal offence such as an assault occasioning bodily harm, unlawful wounding, or sexual assault you may be eligible to obtain compensation for the loss and damage suffered. The three...
Workers Compensation: Your Rights In and Outside the Workplace
Workers’ compensation is compensation payable to a worker who sustains an injury arising out of or in the course of employment or whilst the worker is acting under an employer’s instructions. The workers’ compensation scheme in Western Australia is governed by the...
Criminal Injury Compensation: Your Rights and Obligations as a Victim of Crime
Being a victim of a criminal offence can be a traumatic experience with long-lasting physical and psychological effects. The injuries sustained have the ability to impact not only your career, but also your confidence and life in general. Criminal injury compensation...