Latest news and updates from jk legal
Injured in a Motor Vehicle Accident
If you are injured in a motor vehicle accident, you should report the crash to the WA Police and make a statement. You should also obtain medical treatment for your injuries. The Insurance Commission of Western Australia has a form called the "Online Crash Report form" or "Notice of Intention to Claim form" that you can obtain online to lodge a claim for damages for personal injuries. The Insurance Commission will then investigate your claim and determine whether or not to accept liability for the other driver's negligence. If liability is accepted, your claim becomes an assessment of damages only. In that case,[...]
Probate and Letters of Administration
An application for Probate or an application for Letters of Administration are both applications where a person asks the Supreme Court for the authority to deal with a deceased estate. Where there is a Will and the person named as executor is applying for authority, an application for Probate is appropriate. Where there is no Will, or the person applying for authority is not the named executor, the proper application is for Letters of Administration. In the absence of the authority to deal with the deceased Estate, the executor, or administrator, has limited powers concerning the assets of the Estate. We see several[...]
Should I have a Solicitor do a Plea in Mitigation when I am pleading guilty to an offence?
When you plead guilty, you accept the Statement of Material Facts set out by the Police, and the result will be that, in most cases, the conviction is recorded against your name. Many individuals, in their decision to represent themselves and plead guilty, often overlook the potential implications. By accepting the Statement of Material Facts without legal advice, you may be exposing yourself to unforeseen consequences. Therefore, you should seek legal advice before entering your plea, whether in the Magistrates Court, the District Court, or the Supreme Court. Most self-represented litigants do not make any comment to the Court other than entering a[...]
Costs in the Family Court
In most Western Australian Courts, a legal costs order will be made in favour of the “winner”. Where a costs order is made, there is a distinction between the costs the “winning” party has spent on their lawyer and the “party-party” costs, usually a lesser amount determined by a costs scale. That scale is determined by the Legal Costs Committee, which regularly reviews legal costs in each of the different jurisdictions and publishes a Determination that sets out the maximum costs that a lawyer may charge unless the lawyer and the client enter into a costs agreement. In the Family Court, the legislation[...]
Special circumstances in the making of a Will?
Do you regularly make charitable donations? Would you like to allocate a portion of your estate to a specific charity or cause upon your passing? Drafting and considering your estate plan can include more than simply distributing assets among your family and loved ones. It presents an opportunity to leave a lasting impact on your community by supporting causes and organisations close to your heart. This also ensures that your memory endures beyond your lifetime. To include your preferred charities in your estate plan, define your charitable objectives and values and select suitable philanthropic beneficiaries. You can support a charity or cause in your Will[...]
Changes to the Way Smaller Property Pools are Handled by the Family Court
As of 1 October 2023, property matters where the value of the assets, or the expected value of the assets, excluding superannuation, are under $500,000.00, will be handled differently. The aim of this is to reduce costs to litigants and reduce the length of time that these matters remain in the Court System. The matters eligible for this process will be limited to those which do not include any of the following issues for determination: No Parenting Orders are sought; No Child Support Orders are sought; There are no trusts, companies, self-managed superannuation funds or other entities to be considered; and The parties are not[...]
Child Support – Things to Consider
Child Support - Things to Consider. There are many things to consider if you have recently separated from your partner, including how your children will be financially supported. Parents can agree on the level of financial support. If there is no agreement, either parent can apply to the Child Support Agency to set the amount. The Child Support Agency uses a formula to determine the amount of Child Support paid by one parent to the other. The formula considers the parent's incomes and the time the children spend with each parent. The Child Support Agency has an online calculator which you can use to estimate[...]
JK Legal were the proud sponsors of the run and ride For the Armadale Triathlon
On 21 January 2024, JK Legal were the proud sponsors of the run and ride legs for the Armadale Triathlon Club Inc. event at Champion Lakes. There were 91 participants for the 7 events which included draft legal and regular triathlon Sprint and Enticer distances, a Mini distance event and a Duathlon (ride and run only) and Aqua bike (swim and ride). Congratulations to all the winners! Below are a few action shots from the day, as well as one of our local heroes, Dennis Admiral, who won the Enticer Male, and his son Jay, who placed 3rd in the[...]
Claims under the Family Provision Act
Under the Inheritance (Family and Dependants Provision) Act 1972, the Court may make provision for certain people from a deceased’s estate in certain circumstances. The Court has this power whether the deceased had a Will and whether the deceased expressly excluded that person from their Will. Where the deceased has a Will, this process is known as challenging the Will. The Court may only make provision where there has been an application under the above Act. The following people may make an application: A person who was married to, or living as the de facto partner of, the deceased immediately before the death[...]
Overseas assets in Australian Wills & Testaments
Australia is a remarkable multicultural hub, harbouring a tapestry of nationalities, cultures, and belief systems. According to the Australian Bureau of Statistics' 2021 findings, more than 29% of the country's population were born overseas. Given this rich diversity, it is unsurprising that many Australians also own assets beyond their adopted country. In estate planning, a crucial question arises: what happens to your overseas assets once you've passed away? Can your Western Australian Will extend its reach to cover these international holdings? While a Will created in Western Australia can cover property scattered across the vast Australian landscape, it is a mistake to assume that it[...]
New Property Process in the Family Court
The Family Court of WA is a place of last resort. Where parties cannot agree on how to divide their property, one party can apply to the Court for a decision about that division. And while some other processes are available, in high-conflict matters, the Family Court is often the only option. Unfortunately, for parties who have an application before the Court, there is usually a very lengthy wait before a decision is obtained, which is usually measured in years. As of 1 October 2023, the Family Court of WA will introduce a new, faster pathway for matters that meet[...]
Separation and Divorce
In Australia, an application to the Court for a divorce is separate from any application about property or children. The Court does not take evidence of fault or blame into account in a divorce application and will grant a divorce provided that the application is served on the other party, you have been separated for 12 months and the arrangements for your children, if you have children, are proper. The Court will dismiss the application if the Court is not satisfied that the parties have been separated for 12 months. It is essential to address this issue correctly in the[...]
Special circumstances in the making of a Will?
Generally, any person over the age of 18 years who has legal capacity can make a Will. Legal capacity is a question of the ability to understand and make reasoned decisions about your affairs and may vary depending upon the transaction or decision involved. For example, a person may have the legal capacity to purchase land but not the requisite legal capacity to make a Will. It is also the case that a person may sometimes have legal capacity and sometimes not, perhaps due to a medical condition, changing medication, stress, or grief. It is possible to make a Will,[...]
What is the difference between an Enduring Power of Attorney and an Enduring Power of Guardianship?
Frequently, lawyers find themselves addressing questions surrounding the differences between an Enduring Power of Attorney and an Enduring Power of Guardianship. This common question is unsurprising, given the similarities between these two legal documents. Both documents appoint a designated person - a Guardian or an Attorney - who can act on your behalf when you're incapable or otherwise unable. While both documents involve entrusting someone to make decisions for you when you cannot, the main difference is in the scope of the appointment. An Enduring Power of Attorney authorizes your attorney to manage your financial and property matters, including bank accounts, shares, insurance,[...]
What is an Enduring Power of Attorney?
A Power of Attorney is a document that allows one person (“the donee”) to appoint another person (“the attorney”) to act for the donee concerning the donee’s finances. If the donee loses the capacity to make financial decisions for themselves, the Power of Attorney can no longer operate. That is where an Enduring Power of Attorney comes in. An Enduring Power of Attorney can still operate and, in some circumstances, will only operate if the donee no longer has capacity. As a result, when a client comes to us to make a Will, we always recommend that they consider also making an Enduring[...]
What happens if I die without a Will?
It probably won’t bother you at all. But you may be leaving a headache for your family or friends. The purpose of a Will is to give a specific person direction about how to divide your estate when you die. Therefore, your Will does two essential things – it nominates someone you trust and tells them what to do with your estate. Without a Will, someone may apply to administer your estate. That person must have an “interest” in the estate, which could be someone who will be entitled to a part of your estate or someone to whom you owe money. Sometimes[...]
Family Law Act Changes for Children
In 2006, changes to the Family Law Act introduced a “presumption of equal parental responsibility.” Parental responsibility refers to the decisions for children relating to their care, welfare, and development. The presumption that this decision-making would be equal meant that there was an expectation that both parents would be participating in those decisions when separated, notwithstanding that during their relationship, one or the other parent was often mainly responsible for those decisions and that communication and cooperation is frequently much more difficult after separation. In cases with high conflict, domestic violence, substance abuse, or mental health issues, both parents were trapped in an arrangement that[...]