200 recent changes in WALawHbk Web retrieved at 18:37 (AEST)
HRMakingAComplaint
in WALawHbk
Making a complaint and WHO CAN COMPLAIN Only individuals can lodge a communication. Non government organisations or lawyers can only lodge a communication on so...
UnitedNationsCommittees
in WALawHbk
United Nations committees and Complaints (called communications) may be lodged with one of three specialist United Nations committees: • the Human Rights Commit...
UnitedNationsTreaties
in WALawHbk
United Nations treaties AND Australia has signed three treaties providing a right to complain to, or petition, a United Nations committee. These are: • the Inte...
WhatAreHumanRights
in WALawHbk
What are human rights? and By human rights, we generally mean rights agreed by the international community to be basic human rights. They are rights applying to...
Rates
in WALawHbk
Rates and HOW RATES ARE ASSESSED In accordance with the provisions of the Valuation of Land Act 1978 (WA), rates are assessed based on the valuation of property...
StrataTitles
in WALawHbk
Strata titles and TYPES OF PROPERTIES AND TITLES The green title The green title is the most common title in Western Australia. It is the traditional title of m...
BuyingOrSellingAHome
in WALawHbk
Buying or selling a home and The purchase of a home is often the largest financial transaction that a person enters into during his or her lifetime. GETTING THE...
SampleLettersAndForms
in WALawHbk
Sample letters and forms and FORMS Forms referred to in this chapter are available from State Law Publishers. SAMPLE LETTER TO OWNER/AGENT 136 Resident Street...
Homeswest
in WALawHbk
Homeswest and OVERVIEW Homeswest is a statutory authority set up under the Housing Act 1980 (WA) to provide accommodation for low income earners. It is headed b...
PrivateResidentialTenancies
in WALawHbk
Private residential tenancies and APPLICATION FOR TENANCY The owner/agent may require a prospective tenant to complete an Application for Tenancy form. The Appl...
HousingActCoverageAndApplication
in WALawHbk
Coverage and application of the Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989 and The purpose of the Residential Tenancies Act i...
Housing
in WALawHbk
Housing and This chapter outlines the application and effect of the Residential Tenancies Act 1987 (WA) and the Residential Tenancies Regulations 1989 (WA) on b...
LivingWills
in WALawHbk
Living wills and Legislation has been introduced in other states to ensure that a patient’s prior wishes about medical treatment will be respected if they lose ...
HCRConfidentiality
in WALawHbk
Confidentiality and Doctors have a legal and ethical duty to protect the confidentiality of their patient. The ethical duty has its roots in the Hippocratic oat...
AccessToMedicalRecords
in WALawHbk
Access to medical records and A doctor, a hospital or any other health provider can collate patient records. They may include files, documents, notes and other ...
MakingComplaints
in WALawHbk
Making complaints and Health consumers have a right to be treated with respect and reasonable care. Reasonable care includes (but is not limited by): • a proper...
RightToGiveConsent
in WALawHbk
Right to give consent and Before undergoing any treatment a patient must give their consent to the procedure. In the absence of such consent, then under the law...
EnduringPowersOfAttorney
in WALawHbk
Enduring Powers of Attorney and A power of attorney is a formal written legal document by which one person (the donor) gives another (the donee) power to repres...
OfficeOfThePublicAdvocate
in WALawHbk
Office of the Public Advocate and The Guardianship and Administration Act also established the Office of the Public Advocate. The Public Advocate and the State ...
GuardianshipAdministrationAct
in WALawHbk
Guardian Administration Act 1990 (WA) and WHO DOES THE ACT ASSIST? The Guardianship and Administration Act enables a Guardian to be appointed for adults (person...
GuardianshipAndAdministration
in WALawHbk
Guardianship and Administration and The Guardianship and Administration system was established by the Guardianship Administration Act 1990 (WA). The Act provi...
ClaimsForLossAndInjury
in WALawHbk
Claims for loss and injury and CRIMINAL INJURIES COMPENSATION A person who has suffered physical injury or mental or nervous shock as a result of an offence ari...
RestrainingOrders
in WALawHbk
Restraining orders and Restraining Orders under the Restraining Orders Act 1997 (WA) (“the Act”) are orders which impose certain restrictions on the conduct of ...
FamilyCourt
in WALawHbk
Family Court and PROCEDURES The Family Law Act 1975 (Cth) defines family violence as ‘conduct, whether actual or threatened, by a person towards, or towards the...
RoleOfPolice
in WALawHbk
Role of police and ON INITIAL NOTIFICATION Where there is a reasonable belief that a criminal offence has occurred or is likely to occur, it is the responsibili...
Children
in WALawHbk
Children and In households with children and where family and domestic violence occurs, it is likely that not only the adult partner but also the children will ...
FamilyIntroduction
in WALawHbk
Introduction and Family and domestic violence is about abuse by a partner or family member of another through power and control. The forms of abuse may present ...
FamilyCourtOrderProcedure
in WALawHbk
Procedure for applications for parenting and financial orders in the Family Court and MAKING AN APPLICATION Pre Action Procedures Before a party makes an applic...
ShortDeFactoRelationships
in WALawHbk
De facto relationships that ended before 1 December 2002, or were of less than 2 years' duration and In Western Australia, the Family Court does not hear dispu...
OptionsRelationshipBreakdown
in WALawHbk
Options on the breakdown of a marriage or de facto relationship and These days there is a strong emphasis on parties to a marriage or de facto relationship find...
MarriageAndDeFacto
in WALawHbk
Marriage and De Facto relationships and Marriages are regulated by the Marriage Act 1961 (Cth) (“the Act”) which is a Commonwealth law. It sets out who may marr...
OtherEnvironmentalLaws
in WALawHbk
Other environmental laws and It has not been possible in this chapter to consider all environment laws applying in Western Australia. This includes laws relatin...
BiodiversityProtection
in WALawHbk
Biodiversity protection and WHAT IS “BIODIVERSITY”? Biodiversity (or biological diversity) is defined in Article 2 of the International Convention of Biological...
ContaminatedSites
in WALawHbk
Contaminated sites and The Contaminated Sites Act 2003 (WA) (“the CS Act”) passed the WA Parliament in 2003. The CS Act establishes a system of registering cont...
PollutionAndEnvironmentalHarm
in WALawHbk
Pollution and environmental harm and The Environmental Protection Act 1986 (WA) (“the Act”) is the primary source of control on pollution and environmental harm...
EnvironmentalImpactAssessment
in WALawHbk
Environmental impact assessment and WHAT IS “ENVIRONMENTAL IMPACT ASSESSMENT”? Under the Environmental Protection Act 1986 (WA) (“the Act”), the Environmental P...
PlanningAndDevelopmentControls
in WALawHbk
Planning and development controls and The most visible planning and development controls are those administered by local governments. This is through local plan...
TheFuture
in WALawHbk
The future? and The area of employment and industrial relations is particularly political and often undergoes major change with different governments. At the ti...
SafetyAndHealth
in WALawHbk
Safety and health and At common law, there is a general duty on employers to ensure the safety and health of their employees during the course of their employme...
FreedomOfAssociation
in WALawHbk
Freedom of association and Both the Workplace Relations Act 1996 (Cth) and the Industrial Relations Act 1979 (WA) impose penalties on any person – employer, emp...
CoverageByAnAwardOrAgreement
in WALawHbk
Coverage by an award or agreement and Some areas of work are not covered by either a Federal or State award: they are award free. They may also not be covered b...
EnforcementOfAwardsAndAgreements
in WALawHbk
Enforcement of awards and agreements and An employee who has a dispute with an employer concerning an entitlement under an employment agreement, a contract or t...
StateAwardsAndAgreements
in WALawHbk
State awards and agreements and AWARDS State awards, like Federal awards, usually contain detailed conditions of employment. However, they do not cover every as...
FederalAwardsAndAgreements
in WALawHbk
Federal awards and agreements and AWARDS Awards are a detailed set of entitlements and obligations which apply collectively to employees and employers in parti...
MinimumTermsOfEmployment
in WALawHbk
Minimum terms of employment and FEDERAL The Workplace Relations Act sets very limited minimum entitlements for employees. These are as follows: • Parental leave...
EmploymentContracts
in WALawHbk
Employment contracts and The threshold question in determining the rights and duties of a worker is whether the individual is an employee or an independent cont...
EmploymentIntroduction
in WALawHbk
Introduction and The Australian industrial relations system is a complex mosaic of Commonwealth and State legislation and common law. As a result, the rights an...
PracticeAndProcedurePriorToLegalAction
in WALawHbk
Practice and procedure prior to legal action and LIMITATION PERIODS To take legal action for defamation, proceedings must be issued before the limitation period...
DefamationRemedies
in WALawHbk
Remedies and There are three main remedies available in defamation actions. DAMAGES The main remedy is damages, or monetary compensation, for the harm done to a...
DefamationDefences
in WALawHbk
Defences and JUSTIFICATION (TRUTH) In WA, truth is a complete defence to an action for defamation. (See also Criminal Code WA s.356). In some states for a plea ...
ElementsOfDefamation
in WALawHbk
The elements of defamation and WHAT IS DEFAMATION? The law of defamation seeks to protect individual reputation. Its concern is not so much with insult or hurt ...
DefamationIntroduction
in WALawHbk
Introduction and The law of defamation covers libel and slander and concerns statements damaging a person’s reputation. In Western Australia it is largely found...
Defamation
in WALawHbk
Defamation and The law of defamation is concerned with striking a compromise between protecting a person’s reputation, generally by awarding damages as compensa...
DebtAndFinancialCounselling
in WALawHbk
Debt and financial counselling and Financial counsellors can provide expert information and advice to individuals and families in financial hardship regarding d...
EnforcementOfCivilJudgmentsWA
in WALawHbk
Enforcement of civil judgments and At the same time as the lower court structure of the State is changed, the system of civil judgment enforcement has also been...
RecoveryOfDebtOutsideCourt
in WALawHbk
Recovery of judgment debt outside court procedures and Usually the debtor will have to pay the creditor’s legal costs of enforcing judgment as well as the origi...
GoingToCourt
in WALawHbk
Going to court and At the time of writing (February 2005) the Western Australian parliament has passed legislation which changes the lower Court system in this ...
CreditReportingAgencies
in WALawHbk
Credit reporting agencies and Credit reporting agencies provide services to businesses informing them of the financial history of potential customers. There are...
DebtCollectors
in WALawHbk
Debt collectors and DEBT COLLECTION FEES Debt collectors (otherwise known as mercantile agents) are generally paid a commission by the creditor for any amounts ...
DemandForPayment
in WALawHbk
Demand for payment and LETTER OF DEMAND – FINAL NOTICE A letter of demand is generally sent to the debtor if the debtor has fallen behind or failed to make a pa...
DebtsIntroduction
in WALawHbk
Introduction and A debt occurs when one person (the debtor) owes money to another (the creditor). Debts may or may not be part of a contracted agreement, may in...
Debts
in WALawHbk
Debts and This chapter explains some of the laws and processes of debt recovery. It tells you what to do if you are being pursued for a debt, how to deal with c...
EffectOfCriminalConvictions
in WALawHbk
Effect of criminal convictions and WHAT CRIMINAL RECORDS ARE KEPT? The Police Department has a Criminal Records Section which records all criminal convictions o...
CourtProcessAndProcedure
in WALawHbk
Court process and procedure and This section sets out the process involved when a person is charged with a criminal offence. The procedure for most criminal off...
ExamplesOfOtherCriminalOffences
in WALawHbk
Examples of other criminal offences and By way of example this section briefly outlines some of the main types of criminal offences dealt with under State legis...
Defences
in WALawHbk
Defences and Although the prosecution may be able to show on the evidence that the accused has committed the offence, a number of defences are available to an a...
Attempts
in WALawHbk
Attempts and A person need not necessarily complete an offence in order to be criminally liable. The prosecution need only show that a person intended to commit...
PartiesToAnOffence
in WALawHbk
Parties to an offence and Although most persons charged with offences are ‘principal offenders’, ancillary criminal responsibility can attach to those who may n...
GeneralPrinciplesInCriminalLaw
in WALawHbk
General principles in criminal law and Important principles of the criminal law are as follows: INNOCENT UNTIL PROVEN GUILTY The basis of our system of criminal...
InsuranceContracts
in WALawHbk
Insurance contracts and the Code and WHAT DOCUMENTS HAVE TO BE GIVEN TO THE DEBTOR? If a premium under a credit related insurance contract is financed under the...
SaleOfGoodsAndServices
in WALawHbk
Sale of goods and services and In some circumstances, the Code gives borrowers rights against both a supplier of goods or services, and a “linked credit provide...
EnforcementOfACreditContract
in WALawHbk
Enforcement of a credit contract and WHAT REQUIREMENTS HAVE TO BE MET BEFORE A CREDIT CONTRACT OR MORTGAGE IS ENFORCED? The credit provider cannot begin “enforc...
UnjustContracts
in WALawHbk
Unjust contracts and WHAT IS AN UNJUST CONTRACT? The SAT can also determine whether a credit contract, mortgage, guarantee, or change to a credit contract, mort...
ChangesToCreditContracts
in WALawHbk
Changes to credit contracts and UNILATERAL CHANGES TO THE CREDIT CONTRACT BY THE CREDIT PROVIDER Under the Code some changes to a credit contract can be made by...
BreachesOfTheCode
in WALawHbk
Breaches of the Code and CIVIL PENALTIES If the credit provider does not comply with the Code it may be required to pay a civil penalty. A civil penalty may hav...
RightsOfConsumersUnderTheCode
in WALawHbk
Rights of consumers unde the Code and This section is a brief summary of the main provisions of the legislation. It is not possible in the space available to fu...
CoverageOfOtherLegislation
in WALawHbk
Coverage of other legislation and THE CREDIT ACT 1984 (WA) The Credit Act applied to some credit contracts entered between 31 March 1984 and 1 November 1996. Re...
ConsumerCreditCodeCoverage
in WALawHbk
Coverage of the Consumer Credit Code 1996 (WA) and CREDIT CONTRACTS The Consumer Credit Code 1996 (WA) (“the Code”) applies to most consumer credit contracts en...
CreditAssessmentAndReporting
in WALawHbk
Credit assessment and reporting and CREDIT ASSESSMENT Credit providers use a variety of methods to assess any credit application. Precise details of how these m...
UnderstandingYourLiability
in WALawHbk
Understanding your liability and ACCELERATED PAYMENT ON DEFAULT A borrower is obliged to make specified payments under the contract. The credit provider is gene...
CreditOverview
in WALawHbk
Overview and CONSUMER CREDIT LAWS The use of consumer credit has increased dramatically over the last few decades. Many consumers rely on credit rather than cas...
InternationalCopyrightProtection
in WALawHbk
International copyright protection and Australia, like almost all commercially significant countries, is a signatory to the Berne Convention. The Convention req...
PerformersProtection
in WALawHbk
Performers' protection and Part XIA of the Act contains provisions protecting people who give live dramatic, musical, dance or circus performances, or live reci...
MoralRights
in WALawHbk
InfringementOfCopyright
in WALawHbk
Infringement of copyright and ACTIONS WHICH ARE EXCLUSIVE RIGHTS OF THE COPYRIGHT OWNER If you do any of the things which are exclusive rights of the copyright ...
LossOfCopyrightProtection
in WALawHbk
Loss of copyright protection and Copyright protection for an artistic work can be lost in part if the copyright owner allows the artistic work to be applied ind...
ExclusiveRightsOfCopyrightHolders
in WALawHbk
Exclusive rights of copyright holders and LITERARY, ARTISTIC, DRAMATIC AND MUSICAL WORKS (S.31) Right to reproduce the work The owner of copyright is the only p...
CopyrightRequirements
in WALawHbk
Requirements for copyright to exist and MATERIAL FORM There is no copyright in a work until it has been reduced to a material form. For example, there is no cop...
DurationOfCopyright
in WALawHbk
Duration of copyright and WORKS Copyright in literary, artistic, dramatic or musical works normally lasts for 70 years after 31 December of the year the author ...
OwnershipOfCopyright
in WALawHbk
Ownership of copyright and WHO IS THE FIRST OWNER? Literary, dramatic, musical or artistic works The author of a literary, dramatic, musical or artistic work is...
WhatMaterialCanBeSubjectToCopyright
in WALawHbk
What material can be subject to copyright? and Materials that can be copyright include: • literary works (including computer programs); • dramatic works; • musi...
CopyrightAndAssociatedRights
in WALawHbk
Copyright and Associated Rights and Copyright is the right to control the copying and some other forms of exploitation of copyright material. In Australia, the ...
BankingServices
in WALawHbk
Banking services and Banking services are provided not only by banks, but by non bank financial institutions such as credit unions and building societies. In ge...
ConsumerTraderClaims
in WALawHbk
Consumer trader claims and ABOLITION OF THE SMALL CLAIMS TRIBUNAL Before 1 May 2005, a consumer in dispute with a trader could go to the Small Claims Tribunal. ...
OtherConsumerProtectionLaws
in WALawHbk
Other consumer protection laws and DOOR TO DOOR SALES The WA Door to Door Trading Act 1987 gives consumers who buy goods sold door to door special “rights” to r...
OtherSectionsOfTheTPAAndFTA
in WALawHbk
FalseAndMisleadingAdvertisementsOrStatements
in WALawHbk
False and misleading advertisements or statements and A common complaint of consumers is that they were induced to enter into a contract for the purchase of goo...
ContinuedRelevanceOfTheSGA
in WALawHbk
Continuing relevance of the Sale of Goods Act and Because there is a substantial duplication of the Sale of Goods Act’s implied obligations by the TPA and Fair ...
BreachOfTheImpliedConditions
in WALawHbk
Breach of the implied conditions and If the implied conditions are breached, the consumer can bring a legal claim against the seller/supplier. The Trade Practic...
ImpliedConditionsAndWarranties
in WALawHbk
ImpliedTermsRelatingToGoods
in WALawHbk
Implied terms relating to goods and There are five (5) obligations implied into contracts for the sale (Sale of Goods Act) or supply (TPA/Fair Trading Acts) of ...
TheFairTradingActWA
in WALawHbk
The Fair Trading Act (WA) and Because of the Constitutional limitations of the TPA referred to above, and because the TPA does not apply to non incorporated bus...
TheTradePracticesActCth
in WALawHbk
The Trade Practices Act (Cth) "the TPA" and The TPA was enacted in 1974. Because of the operation of the Australian Constitution, the Federal Government can onl...
TheSaleOfGoodsAct
in WALawHbk
ConsumerProtectionLegislationIntroduction
in WALawHbk
Consumer protection legislation introduction and Federal and State Parliaments have created laws aimed at protecting consumers. These laws create rights for c...
EnforcingAContract
in WALawHbk
Enforcing a contract and Generally only a person who is a party to a contract can enforce it or have it enforced against him or her. This is known as the doctri...
WhenAContractEnds
in WALawHbk
When a contract ends and Once a contract exists, it must at some stage end. PERFORMANCE Most contracts come to an end by being completed. Once the parties to th...
TheTermsOfAContract
in WALawHbk
The terms of a contract and A contract consists of various promises made by the parties. These promises are known as the terms of the contract. The terms of a c...
TheElementsOfAContract
in WALawHbk
The elements of a contract and AGREEMENT BETWEEN THE PARTIES A person cannot enter into a contract unless that person has either accepted an offer made to him o...
WhatIsAContract
in WALawHbk
What is a contract? and A contract is a legally binding agreement between two or more parties. In other words, it is just a bargain or a deal.To be legally bind...
ContractLawIntroduction
in WALawHbk
Introduction and Contract law is complex. The information given is intended to be a starting point in deciding if a right or remedy exists. However, expert advi...
ConsumerProtection
in WALawHbk
Consumer Protection and This chapter is divided into three parts: • Contract – dealing with the basic principles of contract law; • Consumer protection legislat...
PracticalTipsForManagementOfCommitteeMembers
in WALawHbk
Practical tips for management of committee members and Before joining any management committee you should: • examine all governing documents, including the Cons...
LegalObligationsOfAnIncorporatedAssociation
in WALawHbk
Legal obligations of an incorporated association and Every incorporated association must have a Management Committee. The Association Incorporations Act (“the A...
IncorporatedStructures
in WALawHbk
Incorporated structures and WHAT IS AN INCORPORATED STRUCTURE? An incorporated structure is an organisation that has separate legal status as a body corporate o...
ModelsOfCommunityOrganisations
in WALawHbk
Models of community organisations and There is a range of options for people wanting to become involved in a community organisation. Firstly it is worth conside...
CommunityOrganisations
in WALawHbk
Community Organisations and People getting together to make a difference enrich our world in a myriad of ways. Community organisations enhance democracy by prov...
StateAdministrativeReview
in WALawHbk
State Administrative Review and JURISDICTION The State Administrative Tribunal (“SAT”) commenced in January 2005. The SAT replaced the functions of nearly 50 in...
CGDOmbudsman
in WALawHbk
Ombudsman and COMMONWEALTH Any type of complaint about Commonwealth government administration can be brought to the attention of the Ombudsman (Ombudsman Act 19...
AATCommonwealth
in WALawHbk
Administrative Appeals Tribunal Commonwealth and Any person who is unhappy with an administrative decision made by an agency of the Commonwealth should first ...
FOIState
in WALawHbk
Freedom of Information State and Where a person aggrieved seeks information relating to a decision by a State government agency, access to such information m...
FOICommonwealth
in WALawHbk
Freedom of Information Commonwealth and Under the Freedom of Information Act 1982 (Cth) (FOI) any individual has a legally enforceable right, regardless of w...
ObtainingReasonsForDecision
in WALawHbk
Obtaining reasons for decision and STATEMENTS OF REASONS UNDER COMMONWEALTH LAW Possibly the greatest virtue of the ADJR Act lies in its provisions enabling ind...
ADJRAct
in WALawHbk
The Administrative Decisions (Judicial Review) Act There are now two courses open to any person wishing to obtain a judicial review of a Commonwealth administrat...
CGDTypesOfRemedies
in WALawHbk
Types of remedies and COMMONWEALTH Commonwealth government administrative actions or decisions may be tackled in the following ways: • judicial review by the Hi...
CGDIntroduction
in WALawHbk
Introduction and Administrative law is the name given to that area of law which defines the general rules to be followed by government in its administrative act...
RecoveryOfMoney
in WALawHbk
Recovery of money and FINANCIAL POSITION OF THE OTHER PARTY If a person finds that the other vehicle involved in the accident was not insured he or she should t...
CarAccidentInsurance
in WALawHbk
Insurance and (see also INSURANCE ) TYPES OF INSURANCE There are three different types of insurance policies for motor vehicles. • compulsory third party – thi...
PropertyDamage
in WALawHbk
Property damage and WHAT DOES A PERSON DO AFTER HIS/HER VEHICLE HAS BEEN DAMAGED? After a person’s vehicle has been damaged in an accident, they must decide on ...
DeceasedEstates
in WALawHbk
Deceased estates and If a person dies during the time he or she is bankrupt, the bankruptcy continues. If a person has not been bankrupt, but dies owing debts t...
ObjectionsToDischarge
in WALawHbk
Objections to discharge and Some sorts of dishonesty and misconduct by a bankrupt enable the Official Receiver to object to the discharge, so that the bankruptc...
AnnulmentOfBankruptcy
in WALawHbk
Annulment of bankruptcy and Annulment, like discharge, means that a bankruptcy comes to an end. The important difference between annulment and discharge is that...
DischargeOfBankruptcy
in WALawHbk
Discharge of bankruptcy and Normally, a bankruptcy lasts for three years. It means that the bankruptcy comes to an end.The person is no longer bankrupt, and has...
SecuredVehicles
in WALawHbk
Secured vehicles and Another thing that causes some people in financial difficulty to hesitate about bankruptcy is if they are very concerned to keep a car or t...
TheBankruptsHouse
in WALawHbk
The bankrupt's house and TENANCY If persons considering bankruptcy are tenants, bankruptcy is not a problem unless they owe the landlord money. Bankruptcy may h...
DisadvantagesOfBankruptcy
in WALawHbk
Disadvantages of bankruptcy and NOT ALL DEBTS ARE INCLUDED There are some debts that are not part of the bankruptcy, for example: • fines and penalties imposed...
AdvantagesOfBankruptcy
in WALawHbk
Advantages of bankruptcy and FREEDOM FROM HARASSMENT The main advantage of bankruptcy is that it frees the debtor from harassment by creditors for unsecured deb...
FullDisclosure
in WALawHbk
Full disclosure and Debtors becoming bankrupt must set out fully all their assets, and all their debts. Some people wish to omit debts to friends or family. If ...
AlternativesToBankruptcy
in WALawHbk
Alternatives to bankruptcy and DEBT AGREEMENTS A debt agreement is an agreement with creditors outside bankruptcy which is open to debtors with a modest income,...
ConcealingOrDisposingOfProperty
in WALawHbk
Concealing or disposing of property and Some debtors, seeing a financial crisis looming, imagine they can protect a piece of property by ‘putting it in someone ...
EffectsOfBankruptcy
in WALawHbk
Effects of bankruptcy and UNSECURED DEBTS Any action which a creditor is taking against the person or property of a debtor for an unsecured debt is stopped. Ins...
BankruptcyIntroduction
in WALawHbk
Introduction and TERMS USED There are some terms used in bankruptcy which it is useful to be familiar with. These are: Bankruptcy – a legal state in which a per...
Bankruptcy
in WALawHbk
Bankruptcy and This chapter explains what the effect of bankruptcy is, the alternatives to bankruptcy, and the advantages and disadvantages of being declared ba...
TrainingOfMediators
in WALawHbk
Training of mediators and At present there is no national or state accreditation scheme for mediators so it is essential that participants check the credentials...
MediationAndTheCourtProcess
in WALawHbk
Mediation and the court process and HOW IS MEDIATION DIFFERENT FROM GOING TO COURT? There are advantages and disadvantages of going to court. Depending on the c...
WhatDoesMediationCost
in WALawHbk
What does mediation cost? and The cost of mediation varies considerably, depending on who provides it. In some situations it may be free, for example under the ...
WhosWhoInAMediation
in WALawHbk
Who's who in a mediation? and The following provides an overview of the usual participants in a mediation process. PARTICIPANTS As the mediation ‘belongs’ to th...
TheMediationProcess
in WALawHbk
The Mediation Process and The following provides a brief description of the mediation process, the roles of participants, mediators and lawyers. Note that the s...
LegalIssuesAndADR
in WALawHbk
Legal Issues and ADR and Legislation or contractual arrangements give rise to differing legal rights and obligations in relation to ADR. Participation in ADR ma...
ATSIPLegalAssistanceWA
in WALawHbk
Legal Assistance and (see also LEGAL ASSISTANCE ) THE ABORIGINAL LEGAL SERVICE OF WESTERN AUSTRALIA (INC) The Aboriginal Legal Service of Western Australia (I...
ATSIPOtherLegalIssues
in WALawHbk
Other legal issues and DISCRIMINATION Under the Commonwealth Racial Discrimination Act 1975 it is unlawful to racially discriminate against, or treat less favo...
ATSIPCriminalLaw
in WALawHbk
Criminal Law and (see also ARREST, INTERROGATION AND BAIL and CRIME ) CRIMINAL PROCEDURE In Western Australia the Commissioner of Police has produced written g...
ATSIPFamilyLaw
in WALawHbk
Family Law and (see also FAMILY ) ‘Family’ for most Aboriginal and Torres Strait Islander peoples is a much wider concept than the nuclear family. Second and ...
RecognitionofAboriginalLawByMainstreamLaw
in WALawHbk
Recognition of Aboriginal law by the mainstream legal system and Following the arrival of Europeans in Australia, there have often been situations where both Ab...
RoyalCommissionDeathsInCustody
in WALawHbk
Royal Commission into deaths in custody and The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was established by State and Commonwealth Governmen...
TheStolenGeneration
in WALawHbk
The Stolen Generation and The Commonwealth Labor Government launched the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children ...
AboriginalTraditionalLaw
in WALawHbk
Aboriginal Traditional Law and For thousands of years before the arrival of Europeans in Australia, Aboriginal and Torres Strait Islander peoples had well devel...
ATSIPIntroduction
in WALawHbk
Introduction and TERMINOLOGY The term Aboriginal and Torres Strait Islander peoples accurately recognises dozens of different cultural groups still existing in ...
TheWAAdversarialSystem
in WALawHbk
The adversarial system and Legal disputes in Australia are resolved by way of an adversarial system. This means that the two parties to the dispute are each res...
AttributionForm
in WALawHbk
Attribution Form This is a maintenance topic, used by the Wiki administrator. Name Type Size Values Tooltip message Attributes AustLII _Cont...
WebPreferences
in WALawHbk
WALawHbk Web Preferences Appearance * Set WEBBGCOLOR = #efefef * web specific background color, current color * Set SITEMAPLIST = on * set to...
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