Birman & Ride

Blog

Our mission is to serve the community by making quality legal services accessible to as many people and businesses as possible.

What the courts offer

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State Court/Tribunal Jurisdiction What they offer Court of Appeal of Western Australia Determines appeals from decisions from single Supreme Court justices and other courts. Same as the Supreme Court. Supreme Court of Western Australia Unlimited jurisdiction except as to constitutional matters and matters arising under federal law. Award of damages (unlimited). Equitable remedies such as […]

Paying for someone else’s sins?

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If you own a vehicle that has been impounded, but you were not responsible for committing the offence, you can apply to have it returned to you if at the time of the offence the vehicle was: stolen or hired; being serviced (i.e. by a mechanic); for sale and had been taken for a test […]

Vehicle confiscations, police powers, recovering costs

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The Road Traffic Act 1974 gives Police and the Courts the power to impound vehicles for certain traffic offences. In 2010, 2024 vehicles were seized under the legislation. Police can impound a person’s car or issue them with a surrender notice if that person is: reasonably suspected of reckless driving; reasonably suspected of driving to intentionally create […]

Penalties for drink driving

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The Road Traffic Act 1974 sets out a scheme for the Court to follow when imposing drink driving penalties. The penalties if you held a full licence at the time of the offence are: If your blood alcohol content exceeds 0.08g of alcohol per 100ml of blood: Blood alcohol content (g/100ml) Penalty for 1st offence 2nd offence Subsequent Greater […]

Pleading guilty to a traffic offence

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You made a mistake.  You thought you were doing the right thing at the time.  Your plans fell through and you made a stupid decision.  You thought you were ok to drive.  It was only a short trip, just down the road.  You were just going to help a friend. Whatever the reason, the reality […]

Successful EDL applicants

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Business owner A business proprietor with a chequered history required a driver’s licence to carry on his business, provide quotes and attend clients’ premises from Joondalup to Mandurah. A “very well prepared and comprehensive application” (Department of Transport representative) helped him to receive an EDL allowing him to drive for work between Monday to Saturday […]

From our criminal law files

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Mine worker immediately released from prison Our client was initially charged with dangerous driving causing bodily harm. Following our representations, the prosecution accepted a plea to a lesser offence. We made a plea in mitigation on behalf of our client and the judge imposed a sentence that meant he was immediately released from prison (where […]

Criminal records need not be a life sentence

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Anyone convicted of an offence (including traffic offences) will have a criminal record. But it is possible to apply for a spent conviction order either: at the time of sentencing; or ten years after being convicted. Unlike some countries, convictions in Western Australia do not become spent automatically after passage of time. A criminal record […]

Cases

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Australia Retirement Care Australia (Hollywood) Pty Ltd v Commissioner for Consumer Protection [2013] WASC 219 (31 May 2013) Statutory construction: Represented the residents of the Hollywood Retirement Village and successfully opposed the plaintiff’s application to sell part of the village’s land against the wishes of its residents. D’Souza v Auguste & Anor [2001] WASC 310 […]

Stories from our civil litigation files

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M v C Acting for an individual who was induced to sell her house and move to the country on the basis of promises by her father and step-mother that she could live at the country property forever and would inherit the property on both of their deaths. However, our client’s step-mother now claims that […]