Why Engage A Lawyer

A man who is his own lawyer has a fool for a client The Flowers of Wit, or a choice collection of bon mot By Henry Kett 1814. In Duckworth -v- The State of Western Australia [No 4] [2018] WASCA 2 Chief Justice Martin made the following comments about self-represented litigants and appeals in convictions […]

Home Invasion and Defending Your Self

Defence against Home Invader applicable in circumstance of a Domestic Violence Incident –The Criminal Code (WA) Section 244 As the law currently stands a resident (“the Occupant”) can use any force they deem reasonable against a person the Occupant believes is, has or intends to commit an offence in a dwelling, even if the offender […]

Adequate Provision for Adult Child from Deceased Estate

When an adult child is seeking orders under section 6 of the Family Provision Act 1972 (WA) that adequate provision be made out of the estate of a deceased parent for the proper maintenance, support education and advancement of life, the court in Mills -v- Piller [2017] WASC 45 made the following observations: General Principles […]

Use of Springing Orders

In Firmware Technologies Inc -v- Asia Platinum Group Ltd [2016] WASCA 179 the Court of Appeal established the appropriate use of Springing Orders. Below are extracts of the judgement. Skahill v Kestral Holdings Pty Ltd (in liq) [2000] WASCA 185 [17]: Devising and applying appropriate sanctions for non-compliance is one of the major problems which […]