I’m considering appealing a decision – how long do I have to appeal?

If you are seeking a review of a judgement or a decision of a Registrar or Magistrate of the Family Court of Western Australia, you need to file an application within 28 days of the decision. Extensions of time will not be automatically granted should you disagree with a decision. Should an appeal be delayed, the Judge or Magistrate hearing the application takes into account whether:

  1. the reason for the delay is satisfactory;
  2. there is a substantial issue to be raised on appeal; and
  3. the hardship or prejudice to the other party caused by the delay.

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No jab, no work – FWO’s updated advice still leaves questions for employers

The Fair Work Ombudsman (FWO) posted updated guidance on its website last night relating to the power of employers to mandate COVID-19 vaccinations for their employees.

This is an issue that we have also discussed before.

Previously, the FWO’s position was that employers are “overwhelmingly” unable to require employees to be vaccinated.

The FWO does provide a useful guide in dividing work into four broad tiers, as follows:

  1. Tier 1 work: where employees are required as part of their duties to interact with people with an increased risk of being infected with coronavirus (for example, employees working in hotel quarantine or border control).
  2. Tier 2 work: where employees are required to have close contact with people who are particularly vulnerable to the health impacts of coronavirus (for example, employees working in health care or aged care).
  3. Tier 3 work: where there is interaction or likely interaction between employees and other people such as customers, other employees or the public in the normal course of employment (for example, stores providing essential goods and services).
  4. Tier 4 work: where employees have minimal face-to-face interaction as part of their normal employment duties (for example, where they are working from home).

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WA Voluntary Assisted Dying Legislation – What you need to know.

The Voluntary Assisted Dying Legislation is due to come into effect in Western Australia on 1 July 2021.

The Government has been very active of late in ensuring everything is in place before the start date, including releasing a number of Guidelines, an Overview of the process and information sheets and conducting training for practitioners.

In summary, the following process applies for those wishing to access voluntary assisted dying (VAD):

  1. The person makes a request to a medical practitioner, who, if they accept, becomes the coordinating practitioner;
  2. The coordinating practitioner then assesses that person’s eligibility to participate. Relevantly, you need to be over 18 years of age, have full decision making capacity, on the balance of probabilities death will occur within a period of 6 months, or 12 months for a neurodegenerative disease, and the disease is causing suffering that cannot be relieved in a manner that the person considers tolerable;
  3. The coordinating practitioner then makes a referral to a second practitioner (consulting practitioner) for independent assessment;
  4. Once the eligibility has been confirmed by both the coordinating practitioner and the consulting practitioner, the person then makes a written declaration in the presence of 2 authorised witnesses. The written declaration is the formal request for access to voluntary assisted dying and must be made in the approved form. By completing the declaration the person confirms that their decision to access VAD is being made voluntarily and without coercion and that they understand the nature and effect of their decision. Once the form has been completed the coordinating practitioner submits it to the Voluntary Assisted Dying Board;
  5. After the declaration has been completed, the person then makes a further final request to the coordinating practitioner. The final request can only be made 9 days after the first request (but in some cases it can be sooner than this);
  6. The coordinating practitioner then does a final review to ensure the person still has decision making capacity, is acting voluntarily and without coercion, and still wants to access VAD.

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Adoption for Stepparents. How Do I apply?

What is an adoption?

An adoption order in Western Australia is made pursuant to the Adoption Act 1994 (WA) and gives full parental rights and responsibilities to the adoptive parent, therefore severing any legal ties between the adopted child with their birth parent. Stepparents can adopt stepchildren to give them those full parental right and responsibilities.

The legal/court process for processing an adoption

Firstly any prospective step-parent who is considering a step-parent adoption must make contact with the Department of Communities – Child Protection and Family Support (“the Department”).  The Department will offer you and your family counselling and information in line with the requirements under Schedule 1 of the Adoption Act 1994. (more…)

Changes to the Fair Work Act for Casual Employees: What you need to know

On 27 March 2021, the Federal Government amended the Fair Work Act dealing with casual employees to overcome the effect of recent federal court decision.

Section 15A has been included in the legislation which for the first time introduces a statutory definition of a casual employee.
A person is a casual employee of an employer if:

a) An offer of employment made by the employer to the person is made on the basis that the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person; and

b) The person accepts the offer on that basis; and

c) The person is an employee as a result of that acceptance. (more…)

The other parent is moving the children interstate without my consent. What can I do?

The decision regarding a child’s place of residence is a long-term decision. Parents generally have shared responsibility for long term decision-making for the children such as their religion, education, serious medical decision and other long-term matters, which includes the issue of residence.  Relocation, being the change of a child’s living arrangements which will make it more difficult for a child to spend time with either parent, is one of those issues that parents are required to discuss and make a genuine effort to settle between them.

The child’s relocation (interstate or otherwise) without the other parent’s consent requires urgent action. It is often the case that if a parent unilaterally leaves the state, taking the child or their children with them, it may be difficult to have them return depending on the circumstances. Immediate action should be taken to address the relocation, and advice should be sought. (more…)

When are the children old enough to decide which parent to live with?

In a recent High Court of Australia decision, Bondelmonte v Bondelmonte, the Court upheld a decision by the Trial Judge that two children, 15 and 17 year old boys, were not able to permanently reside in New York with their father despite expressing a clear desire to do so. It is an important family law decision relating to the wishes of a child.

The case discusses the weight a child’s wishes should be given by Courts exercising their jurisdiction in children’s matters. The Court held that the best interests of the child are not always in line with what the child wishes; even for older children who may have the maturity to understand the impact of their decision. Their wishes should also be considered in a broader context according to the facts of the case. (more…)

Why Guardianship and Powers of Attorney are an important part of your Estate Plan

 

Making an Enduring Power of Guardianship (EPG) and Enduring Power of Attorney (EPA) are an important part of the estate planning process, and they should be reviewed regularly as part of an estate plan.

An EPG allows a person to nominate who they want to make important lifestyle, care and medical decisions when they are no longer able to do so whilst an EPA allows a person to nominate who they want to make financial decisions on their behalf.

An interested person may make an application under the Guardianship & Administration Act (GAA) seeking orders appointing them, or someone else, as the Guardian and/or Administrator of a person (the Represented Person).  The Application is made to the State Administrative Tribunal (the Tribunal).

A key question in any application is whether or not the proposed Represented Person has already made an EPG or an EPA.  If so, then the Tribunal will not make an order unless it considers that the person or persons that have been appointed are not acting in the best interests of the Represented Person.

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Two Courts Become One—What Does The Family Court Merger Mean?

Blog post by Sam Lehman

For some time now, most Australians have had the choice of two courts to resolve their family law disputes: the Family Court of Australia (FCA) and the Federal Circuit Court of Australia (FCC).

But times are a-changin’.

Parliament has passed an Act which will fold the FCA into the FCC. Western Australians meanwhile will still have access to the Family Court of Western Australia.

The much-debated merger has had its strong champions and fierce detractors. Whichever side you fell on however, the gavel has sounded: two courts become one. (more…)