50 recent changes in WALawHbk Web retrieved at 19:56 (AEDT)
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
Moral rights and These are not strictly speaking copyright, but are granted by Part IX of the Copyright Act. They are intended to protect the non economic aspec...
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
Other sections of the Trade Practices Act and the Fair Trading Act and The Acts prohibit businesses from engaging in conduct that is liable to mislead the publi...
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
Implied conditions and warranties relating to services and TRADE PRACTICES/FAIR TRADING ACTS The TPA (s.74(1),(2)) and the Fair Trading Act (s.40) provide the c...
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