Latest News

Why crime never pays

Did you know that your property can be frozen or confiscated by the police even if you are not charged or convicted of any crime? And in some circumstances the onus will be on you to prove why you should get it back? Most people would agree that criminals should not profit from their wrongdoing and we should do whatever we can to disrupt criminal activity but the effect of the Western Australian law which allows the police to confiscate… Read More

Employers beware!  Drug and Alcohol testing standards in the workplace.

You would think in Australian employment there would be a zero tolerance policy towards drug and alcohol in the workplace.  While this may be the case in some industries, employers have to be cautious as the Fair Work Commission has concluded that this may not always be an appropriate policy. Surprising the legal position on issues of drug and alcohol use is not always clear cut.  We are still seeing industrial disputes and unfair dismissal claims where employees and unions… Read More

Can you direct an employee to attend a medical examination?

An employee’s temporary absence from work is seldom problematic for employers. Section 352 of the Fair Work Act 2009 (Cth) specifies that employment should not be terminated on the basis of temporary absence from work because of personal illness or personal injury.  Managing employees that are absent from the workplace for extended periods due to a personal physical or mental illness or personal injury can, however, be challenging for employers due to the complex balance between managerial prerogative and the… Read More

Australia celebrates with same sex marriages

Same sex marriages – what are some implications? Some would argue that the legislation that passed through the Federal government allowing same sex marriages has finally brought Australia kicking and screaming (so to speak) into the 21st Century. Many happy couples celebrated a wedding on 9 January 2018 – the first day that same sex marriages were allowed in Australia without and abridgment of time for the notice period. Some interesting statistics Australia is the 26th country to legalise same… Read More

New Laws for 2018

New Laws of 2018 Safe Passing of Cyclists Starting on the 30th November 2017, new laws were introduced in WA that require drivers to leave a 1 meter gap when passing cyclists if they are driving at 60km/h or less, and a 1.5 meter gap if they are driving over 60km/h. In a parliamentary speech on the 31st October 2017, the Honourable Mrs Roberts said “this clear guidance to road users will assist in the prevention of death and serious… Read More

What to do if you were charged with assault

The festive season is upon us – bringing with it family, friends, champagne breakfasts and beers by the pool. Unfortunately, those extra alcoholic drinks over the Christmas break can get you into trouble. WA Police statistics show that there has been a spike in assault charges in December and January for the past 3 years. Keep reading to find out what you should do if you or someone you know has been charged.   What is assault? Assault is defined… Read More

What is Defamation?

Rebel Wilson and Lloyd Rayney are just a couple of the many Australians to be awarded damages in 2017 as a result of defamatory statements made against them. The word ‘defamation’ gets thrown around a lot, but what does it really mean and what counts as defamatory? Here’s a rundown of all you need to know about defamation in Australia. Defamation is a tort rather than a crime, meaning it is a civil offence and not a criminal offence. In… Read More

The Liquidation Life Vest – What steps can you take to avoid your company’s liquidation?

The Liquidation Life Vest – What steps can you take to avoid your company’s liquidation? It has been all over the news recently, large companies going bust.  From Channel 10 to Topshop, no one is immune from market pressures.  If your company is facing cash flow problems and you are dogged by endless creditors chasing payments, then the thought of company liquidation is both a real and frightening possibility.  So what can you do about it?  You could just let… Read More

12 Tips for Christmas

The First Day of Christmas – A Partridge in a Pear tree From our criminal law team – a reminder that double demerit points are in force from before Christmas until after the New Year. The Second Day of Christmas – Two Turtle Doves From our family law team – decide on handover times and places as well as times that the children spend with each parent well in advance, and confirm the arrangements in writing. The Third Day of… Read More

Indirect Inheritance

In a recent decision of the Public Trustee WA v Mack, Master Sanderson of the Supreme Court of Western Australia considered the unusual question of whether an individual (“A”) is entitled to inherit from the estate of another person (“B”) where B received an inheritance from the death of a third person whose death was the result of a criminal act by A.   In this case the circumstances were as follows: The Respondent, Brent Mack was accused of and… Read More

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