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. […]
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. […]
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. […]
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. […]
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. […]
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. […]
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