Ph: (08) 9386 5200

 

ENQUIRIES@BUTLERS.COM.AU

Slider

Butlers News

All data and information provided on this site is for informational purposes only. The Butlers Blog makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site & will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.

Risk Issues in Parenting Matters

Risk can come in different forms in Parenting matters. The risk of drug abuse appears to be more prevalent than before, leaving people with issues in both Family Law and Criminal Law.

Continue reading
6
  30 Hits
30 Hits

Does the Punishment Fit the Crime?

Every day in Western Australia, hundreds of sentences are handed down to people who have been convicted of criminal offences.

Continue reading
6
  37 Hits
37 Hits

Doing the Time but Not the Crime?

Trials take place every single day, some lasting a few hours whilst others spanning over several months. Trials are an essential and important part of our justice system and it is imperative that each accused person is given a fair trial.

Continue reading
7
  24 Hits
24 Hits

What is Elder Abuse? Is there really Elder Abuse in Australia in 2020?

At Butlers we have encountered an increasing number of examples of Elder Abuse over the last five years.

Continue reading
6
  32 Hits
32 Hits

AM I STILL ENTITLED TO A SHARE OF OUR ASSETS IF I HAVEN’T CONTRIBUTED FINANCIALLY??

Recently a woman has sparked a massive debate online after she revealed her husband was refusing to put her name on his house deed because she did not contribute financially. Parties often want to know whether they are “entitled” to a share of their partner’s assets when they haven’t contributed financially and it is a common assumption that once parties are married, they each receive 50% of the asset pool.

What happens if one party makes no financial contributions?

This is a common question asked during Family Law proceedings which has a specific legal answer to it.

Continue reading
9
  261 Hits
261 Hits

DATING IN THE DIGITAL AGE – NAVIGATING THE AGE OF CONSENT

Dating in the digital age is already fraught with difficulties. It can often mean that without a guarantee as to the accuracy of a person’s age, a casual fling could unknowingly turn illegal. Although most dating applications require the person signing up to agree that they are at least 18 years of age, unfortunately, this declaration may not be legally binding as proof of the person’s age and whether they are old enough to consent.

The age of consent (in most circumstances) in Western Australia is 16 years of age. The age of consent increases to 18 years of age in cases where one party is in a position of authority. Such circumstances could include teacher/student or employer/employee scenarios, where the other party is under 18 years of age. Having a sexual relationship with someone younger than the legal age of consent is illegal and can be prosecuted in the District Court of Western Australia.

Continue reading
15
  519 Hits
519 Hits

Family Court cutoff date's for children's issues over Christmas...

The Christmas holidays are usually a wonderful time of the year where families all get together and celebrate. However, for some separated families with children, these holidays bring about a period of sadness, stress and bitterness that can be managed with proper prior planning.

As Family Lawyers, we see this far too often and sadly, we also see it far too late. The Family Court has a cut-off date for Christmas contact applications. This year, The Family Court is only accepting these applications until 13 November 2020. After this time, it is likely that you may not get a hearing until after Christmas or even early 2021.

In today’s blog, we will suggest some ways to organise parenting arrangements over the Christmas period with a 5-step plan. Hopefully, this will enable children to be able to spend quality time with both parents.

Continue reading
14
  353 Hits
353 Hits

Is your child facing charges? Here's what you need to know...

As parents, we spend our lives caring for our children. We try our best to teach them right from wrong, as they navigate their adolescent years and enter adulthood. Whilst we do whatever we can to support our kids, sometimes they just think that they know best and want to make their own choices. This often results with them acting impulsively, making poor choices and acting without thinking of the long-term consequences. When this happens, we quickly realise that our job as parents is never really over.

Continue reading
11
  357 Hits
357 Hits

What to do if I've been charged... Know your options

We have often found that when speaking to those who have been charged with a criminal offence, or assisting someone else who has, they almost always feel the same way: overwhelmed and anxious. Whether it be the thought of imprisonment, the impact of job security, the worry of friends and family finding out about the allegations, or simply the added stress of dealing with the justice system at what may already be a difficult time, most people are terrified at the thought of being charged with an Offence. At a time when clients often feel vulnerable and confused about what to do next, getting advice about the process and what options are available is crucial to providing certainty moving forward.

Continue reading
12
  393 Hits
393 Hits

Charges Dropped - Does it happen?

Yes. Not always, easily or immediately, but yes.

Client’s will often ask whether their charges can be ‘dropped’ and if so, when and how.  In answering these questions, it is helpful to have an understanding of what it means to have charges dropped. Charges are ‘dropped’ when the prosecution make an application to the Court to have the charges discontinued. This will happen before the charges are formally determined at a trial by a Magistrate, Judge or Jury.

Continue reading
14
  746 Hits
746 Hits

What do I do if the Police want to speak with me?

Depending on the type of allegation police are investigating, they will usually conduct enquiries with a number of different sources. Sometimes they will rely heavily on witnesses such as police officers, complainants, eye-witnesses and experts; whilst other times they will need to analyse physical materials such as CCTV footage and forensic reports.

Continue reading
16
  696 Hits
696 Hits

Pleading Guilty - What to expect?

When speaking to a client for the first time about their charges, there are often a few questions nearly all clients ask. The most common one is usually ‘what am I looking at?’ Even for clients who intend to plead not guilty to their charges, most clients want to know what the outcome is likely to be if they are found guilty.

Continue reading
14
  467 Hits
467 Hits

But That Was Not Their Wish! – Left Out In The Cold

A recent and riveting development has just unfolded in the lives of some of the cast of Netflix’s popular docuseries, ‘Tiger King’.   It has been discovered (and confirmed by two separate forensic experts) that the Will of Carol Baskin’s late husband, Don Lewis, was a complete forgery.

Continue reading
8
  645 Hits
645 Hits

Ending the Transactions of Abuse

The definition of Family Violence is broad.  Family Violence is not just physical abuse.  It also includes repeated derogatory remarks, damaging property, financial control or stalking or cyber-stalking. With the advancement of technology, perpetrators are finding new and inventive ways to continue to harass and abuse their victims.

Continue reading
11
  604 Hits
604 Hits