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Pre-action procedure in the Family Court

What to do before going to the Family Court Before bringing an application before the Family Court, whether in relation to property, financial maintenance or children, the parties are required to make a genuine effort to resolve their dispute. […]

By | January 30th, 2017|Family Law|0 Comments

Amendments to Construction Contracts Act 2004 (WA) – What does it mean for the construction industry?

On 22 November 2016, the WA State Parliament passed the Construction Contracts Amendment Bill 2016 (WA) and it has taken effect as the Construction Contracts Amendment Act 2016 (WA) (the Amending Act). The Amending Act commenced on 15 December 2016, but certain reforms are phased in over time. The amendments aim at addressing the construction industry issues such as unscrupulous and insolvent contractors, and assisting smaller and exposed subcontractors. […]

By | January 24th, 2017|Building and Construction|0 Comments

Dog attacks

Given an ongoing trend of dog attacks and increasing community concern, local governments are becoming increasingly active in prosecuting owners of dogs which attack people or other animals. The Dog Act 1976 (WA) contains a number of offences dealing with dog attacks. By the creation of various offences, the Act in effect imposes a number of onerous obligations on owners to ensure they properly control their dogs. For example, it is an offence under the Act where a dog attacks or chases a person or another animal. […]

By | January 18th, 2017|Uncategorized|0 Comments

Residence and contact orders relating to children in Australia (formerly custody and access orders)

When dealing with parenting orders (which include residence orders and contact orders), the law’s main concern is to ensure that the child’s best interests are met by being protected from physical or psychological harm and having both parents involved meaningfully in their lives if possible. Many factors are considered by the Family Court in deciding what parenting orders are in a child’s best interests. […]

By | December 15th, 2016|Uncategorized|0 Comments

Are Binding Financial Agreements Really Legally Binding?

While Binding Financial Agreements (BFA’s) are a popular way of providing certainty in the financial outcomes for people married or in de-facto relationships, they are notoriously technical and highly litigated, so this article examines whether you can be confident whether a BFA is applicable to your situation. […]

By | November 17th, 2016|Family Law, Topical Issues|0 Comments

Small Businesses and Amendments to Australian Consumer Law

From 12 November 2016, a new law will protect small businesses from unfair terms in standard form contracts. Essentially the new law amends the Competition and Consumer Act 2010, and it is important for businesses to understand how it will impact the way in which they enter into contracts. […]

By | November 7th, 2016|Business Law, Contract Law|0 Comments

General Protections Claims

The law in relation to general protections under the Fair Work Act 2009 is essentially designed to protect prospective and existing employees against unfair, unlawful and discriminatory treatment. […]

By | October 12th, 2016|Employment Law|0 Comments

How to Apply for a Divorce

Divorce in Australia is governed by the Family Law Act 1975, and an application for a divorce under the Act is made to the Family Court. The court will only consider an application for divorce if one of the parties has a connection with Australia through residence, birth or citizenship. […]

By | September 14th, 2016|Family Law|0 Comments

Binding Financial Agreement

What is it? A binding financial agreement (previously referred to as pre-nup) (“the BFA”) is made between couples who are de factoes, soon to be married or already married. It can be entered into either before, during or after their relationship or their marriage. A BFA can be made between de facto couples of the same sex. […]

By | April 27th, 2016|Family Law|0 Comments

Child Support & Child Maintenance

What is it? Child support is financial support for a child under 18 years of age. […]

By | April 27th, 2016|Family Law|0 Comments

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