As drivers, passengers, and pedestrians, we all hope that the roads in Western Australia are a safe place for all. Unfortunately, motor vehicle accidents can and do happen. In WA in 2015, there were 161 fatalities and 170 critical injuries sustained in reported road crashes. These numbers don’t include incidents with minor or no injuries. […]

Order 70 of the Rules of the Supreme Court deals with the practice and procedures which apply when one or more parties to litigation have a mental impairment and what happens to any damages awarded to a person in such circumstances. The relevant part of the Order is set out in full below;  Order 70 — Disability […]

In the matter of  BLIGHT -v- RICHARDS & ANOR, the District Court assessed a claim for damages by the 47 year old husband of the deceased who died in a traffic accident as a result of the defendant’s negligence. The plaintiff and the deceased were partners in a farming venture. Each contributed and genuinely earned […]

Inadequate Provision in a Will

October 31st, 2015

In February 2015, the Supreme Court, in the matter of  Mead v Lemon 2015  WASC 71, considered whether adequate provision had been made from the estate of the late Michael John Maynard Wright. The claim was made by the deceased’s daughter. The estate was estimated to exceed $1 billion. The deceased was survived by his […]

Fatal Accident; Prosecution

October 31st, 2015

In July 2014, in the matter of BHP Billiton v Capon 2014 WASC 267, the Supreme Court considered whether BHP was properly convicted of an offence under section 9 of the Mines Safety and Inspection Act arising out of a fatal accident involving one of its employees in 2008 when he was carrying out remedial […]