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Family Court Of Western Australia
The Family Court of Western Australia is a Australian court hierarchy#State and territory courts, state court that deals with family law. It was established by the passing of the ''Family Court Act'' (WA, 1975) and commenced operation in 1976. It is a state family court under section 41 of the Commonwealth ''Family Law Act 1975'', and deals with the same issues as the Commonwealth Family Court, including divorce, marital property settlements, and child custody, and also adoption and surrogacy. Although funded by the Commonwealth Government, it is the only state-based family court in Australia. The reason for the creation of the court as a state court was to bestow additional jurisdiction related to family law on the court, which were beyond the scope of federal power, such as de facto arrangements and adoptions. Structure Western Australia is unique amongst States and territories of Australia, Australian states in being the only state with its own family court. Family law matte ...
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Perth
Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth is part of the South West Land Division of Western Australia, with most of the metropolitan area on the Swan Coastal Plain between the Indian Ocean and the Darling Scarp. The city has expanded outward from the original British settlements on the Swan River, upon which the city's central business district and port of Fremantle are situated. Perth is located on the traditional lands of the Whadjuk Noongar people, where Aboriginal Australians have lived for at least 45,000 years. Captain James Stirling founded Perth in 1829 as the administrative centre of the Swan River Colony. It was named after the city of Perth in Scotland, due to the influence of Stirling's patron Sir George Murray, who had connections with the area. It gained city statu ...
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Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Australia is Australia's largest state, with a total land area of . It is the second-largest country subdivision in the world, surpassed only by Russia's Sakha Republic. the state has 2.76 million inhabitants  percent of the national total. The vast majority (92 percent) live in the south-west corner; 79 percent of the population lives in the Perth area, leaving the remainder of the state sparsely populated. The first Europeans to visit Western Australia belonged to the Dutch Dirk Hartog expedition, who visited the Western Australian coast in 1616. The first permanent European colony of Western Australia occurred following the ...
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Australian Family Law
Australian family law is principally found in the federal ''Family Law Act 1975'' and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as well as in other laws and the common law and laws of equity, which affect the family and the relationship between those people, including when those relationships end. Most family law is practised in the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country. Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978). Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the ''Family Law Act 1975'', which established n ...
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Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word '' magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as ''municipium'', were subordinate only to the legislature of which they generally were members, '' ex officio'' ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth is part of the South West Land Division of Western Australia, with most of the metropolitan area on the Swan Coastal Plain between the Indian Ocean and the Darling Scarp. The city has expanded outward from the original British settlements on the Swan River, upon which the city's central business district and port of Fremantle are situated. Perth is located on the traditional lands of the Whadjuk Noongar people, where Aboriginal Australians have lived for at least 45,000 years. Captain James Stirling founded Perth in 1829 as the administrative centre of the Swan River Colony. It was named after the city of Perth in Scotland, due to the influence of Stirling's patron Sir George Murray, who had connections with the area. It gained city stat ...
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ...
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Sir Charles Court
Sir Charles Walter Michael Court, (29 September 1911 – 22 December 2007) was a Western Australian politician, and the 21st Premier of Western Australia from 1974 to 1982. He was a member of the Liberal Party. Early life Court's family emigrated from his birthplace Crawley, Sussex, England, to Perth when he was 6 months old. He went to primary school in Leederville, and then to Perth Boys School. His Salvation Army parents induced him to play the cornet in their Sunday parades and he became a proficient player. He began formal music training at 12 and became a member of the RSL Memorial Band. He also inherited a strong union background from his father, a plumber, and joined the Musicians Union at the age of 14, playing in annual May Day parades. In 1930 he competed in the national band competition held in Tanunda and won the brass solo competition, the "Champion of Champions". Court aspired to study law but his parents could not afford the university fees, so while w ...
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Malcolm Fraser
John Malcolm Fraser (; 21 May 1930 – 20 March 2015) was an Australian politician who served as the 22nd prime minister of Australia from 1975 to 1983, holding office as the leader of the Liberal Party of Australia. Fraser was raised on his father's sheep stations, and after studying at Magdalen College, Oxford, returned to Australia to take over the family property in the Western District of Victoria. After an initial defeat in 1954, he was elected to the Australian House of Representatives at the 1955 federal election, as a member of parliament (MP) for the division of Wannon. He was 25 at the time, making him one of the youngest people ever elected to parliament. When Harold Holt became prime minister in 1966, Fraser was appointed Minister for the Army. After Holt's disappearance and replacement by John Gorton, Fraser became Minister for Education and Science (1968–1969) and then Minister for Defence (1969–1971). In 1971, Fraser resigned from cabinet and denoun ...
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Diana Bryant
Diana Bryant (born 13 October 1947) is an Australian jurist who served as Chief Justice of the Family Court of Australia from 5 July 2004 to 12 October 2017. Early life and education Bryant was born in Perth, Western Australia and attended Firbank Girls' Grammar School in Melbourne. Bryant holds a Bachelor of Laws degree from Melbourne University, and a Master of Laws degree from Monash University. Career Bryant was admitted as a legal practitioner in Victoria in 1970. From 1977 to 1990, Chief Justice Bryant was a partner with the firm of Phillips Fox in Perth where she practised as a solicitor and counsel specialising in family law. She was also a Director of Australian Airlines from 1984 to 1989. (2004) 78(8) Law Institute Journal 18. From May 2000 she was the inaugural Chief Federal Magistrate of Australia, the head of the Federal Magistrates' Court, thus being the first woman appointed to the position. Prior to her appointment, Chief Justice Bryant had practised at ...
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Western Australian Government
The Government of Western Australia, formally referred to as His Majesty's Government of Western Australia, is the Australian state democratic administrative authority of Western Australia. It is also commonly referred to as the WA Government or the Western Australian Government. The Government of Western Australia, a parliamentary constitutional monarchy, was formed in 1890 as prescribed in its Constitution, as amended from time to time. Since the Federation of Australia in 1901, Western Australia has been a state of the Commonwealth of Australia, and the Constitution of Australia regulates its relationship with the Commonwealth. Under the Australian Constitution, Western Australia ceded legislative and judicial supremacy to the Commonwealth, but retained powers in all matters not in conflict with the Commonwealth. History Executive and judicial powers Western Australia is governed according to the principles of the Westminster system, a form of parliamentary government ba ...
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Des O'Neil
Sir Desmond Henry O'Neil (27 September 1920 – 25 September 1999) was an Australian politician who was a Liberal Party member of the Legislative Assembly of Western Australia from 1959 to 1980. He was a minister in the governments of Sir David Brand and Sir Charles Court, and served as deputy premier to Court between 1975 and 1980. Early life Born in Perth, to Lillian Frances (née Egan) and Henry McLelland O'Neil, O'Neil went to Aquinas College, and later attended Claremont Teachers College. Enlisting in the Citizen Military Forces and later the Australian Imperial Force, during World War II he saw service in New Guinea, serving with the signal corps of the 3rd Division with the rank of captain. On returning to Australia, O'Neil worked as a schoolteacher in country Western Australia, and was headmaster of schools at Roebourne, Dowerin, Wilga, Nyamup, and Donnelly River. Politics At the 1959 state election, O'Neil contested the seat of Canning, located in the sout ...
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