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s 218 – Producing Child Exploitation Material A person who produces child exploitation material is guilty of a crime and is liable to imprisonment for 10 years. Elements of the Offence In order to be convicted of this offence you must be found guilty of producing child exploitation material. “Child exploitation material” is defined in section 217A of the Criminal Code as: Child pornography; or Material that, in a way likely to offend a reasonable person, describes, depicts or represents a person ,or part of a person, who is, or appears to be a child – In an offensive or demeaning context; or Being subjected to abuse, cruelty or torture (whether or not in a sexual context); “Child pornography” means material that, in a way likely to offend a reasonable person, describes, depicts or represents a person, or a part of a person, who is, or appears to be a child – Engaging in sexual activity; or In a sexual context; “Material” includes – Any object, picture, film, written or printed matter, data, or other thing; and Any thing from which text, pictures, sound or data can be produced or reproduced, with or without the aid of anything else; “Picture” includes an image, whether or not it is a computer generated image. This offence is strictly limited to where the offender has produced the child exploitation material. If the offender has not made the child exploitation material but has it in their possession, they may instead by charged with possession of child exploitation material. If you have producing child exploitation material and you have also given the child exploitation material to other parties you may be charged with distributing child exploitation material. Read More

When someone goes through a nasty divorce it occasionally happens that one partner takes the children and won’t allow the other to see them at all. Unless there is violence involved, this is not legal. Courts these days recognise the rights of both parents to see their children so long as there is no threat to them physically or emotionally. The parents must agree to go and meet with a Family Dispute Resolution Practitioner to see if mediation can resolve the conflict. It an agreement is reached a parenting agreement should be drafted out and made into Court Orders to ensure it is legally binding. If an agreement cannot be reached even after mediation, the matter must go to court. The parents will have been given a Certificate to confirm that mediation has been tried. Read More

s 219 – Distributing Child Exploitation Material In this section – Distribute child exploitation material, includes – Communicate, exhibit, sell, send, supply, offer or transmit child exploitation material to another person, or enter intro agreement or arrangement to do so; or Make child exploitation material available for access by electronic or other means by another person, or enter into an agreement or arrangement to do so. A person who distributes child exploitation material is guilty of a crime and is liable to imprisonment for 10 years. A person who has possession of child exploitation material with the intention of distributing the material is guilty of a crime and is liable to imprisonment for 10 years. Read More

s 313 – Common Assault Any person who unlawfully assaults another is guilty of a simple offence and is liable – if the offence is committed in circumstances of aggravation, to imprisonment for 3 years and a fine of $36,000; or in any other case, imprisonment for 18 months and a fine of $18,000. Elements of the Offence In order to be convicted of this offence you must be found to have assaulted another person. “Assault” is defined in section 222 of the Criminal Code as: A person who strikes, touches, or moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent, or with his consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person, and the act is called an assault. “Applies force” is also defined in section 222 of the Criminal Code as including: Applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort. Read More

If a person is charged with an offence they may need to apply for bail. Bail is the process by which someone who has been arrested or charged with a crime, is released from custody. A person who is granted bail signs a bail undertaking making them legally bound to attend court when required. Failure to attend court may result in a bench warrant being issued leading to arrest. An accused should speak with a lawyer before applying for bail to ensure all relevant details are presented to the court and avoid the risk of bail being refused. The law and processes under which bail is applied for, considered, and granted is unsurprisingly known as the ‘Bail Act‘. The Bail Act categorises offences and those offenders who have been charged with them, based on their seriousness. Read More

It is a sad fact of life that unless there is abuse, the children suffer most after a divorce. No matter what the parents feel about each other, the children they raised together up to this point still love them both. Children can get a real guilt complex, thinking the divorce was caused by something they did or said. Having to choose which parent to live with only makes things worse, because they will feel guilty about possibly hurting the one they don’t choose. The thing is, in Western Australia, a child cannot choose which parent to live with, even though they can make their wishes known to parents and possibly, the court. Read More

Unfortunately, one of the most contentious aspects of divorce in which family lawyers are invariably asked by their clients to advise them on, is access and visitation of children. We say unfortunate, because, regardless of how strongly each parent feels that they are in the right, it is the children who will suffer most from any prolonged bitterness between their divorced parents regarding visitation and access Parents have obligations with regards to complying with any court order in relation to the children visiting their other parent. Denying access is a practice that should not be pursued even if they feel they are justified in doing so. Read More

One area of family law in which there can often be a degree of confusion, and where family lawyers are often asked for advice, is de facto relationships. That confusion ranges from someone not knowing whether they are in a de facto relationship, to needing to know what their rights are should the relationship end. We’ll start with that basic understanding of a de facto relationship and as it stands in Australian family law, a de facto relationship is regarded in almost the same way as a marriage and the rights of each individual in a de facto relationship are effectively the same. However, where some people become confused is that they think merely being in a sexual relationship and living with someone means they are in a de facto relationship. It does not. The Family Law Act states that a de facto relationship is one between two people who are not legally married, nor are they related to each other as family. Finally, and this is what differentiates de facto and non de facto relationships, the couple must have been living together on a ‘genuine domestic basis’. Read More

First, you can get divorced without a lawyer representing you by creating your own divorce application. As for the grounds for divorce, family law has one remarkably simple principle and that is ‘no-fault’. In other words, the legal system in Australia, unlike many other jurisdictions around the world, doesn’t really care if someone was a “good” husband or wife or if there has been infidelity for example. The main requirement that the court wishes to see established in order for a divorce to proceed is that the marriage has broken down irretrievably. There are many ways in which an irretrievable breakdown might be established but the simplest, and the one which the court will most readily accept is that the two parties to the divorce have lived apart for a period of at least 12 months. In addition, it must be shown that there is absolutely no possibility of the couple reconciling. Read More

When it comes to getting a divorce, other than deciding upon what is in the best interests of the children, the next most important matter is the financial settlement. The first thing to understand when it comes to a relationship ending, is exactly what is regarded as property. In effect, it is everything that can be designated as an asset or a debt. Assets can include property, vehicles, jewellery, investments, shares, ownership of a business, cash in the bank, insurance policies, superannuation, and inheritances. As for debts, mortgages, bank loans, credit cards, and other debts such as credit agreements for vehicles or any other household or personal purchases are included. Ideally, it is best if both parties can come to an agreement between themselves as to how all the assets and debts are to be split or allocated. This can be achieved without a lawyer, although without legal advice you could agree to something which is not actually in your best interests. Read More