If you have recently separated from your former partner and they have moved out, you will often continue to receive their personal mail, which may include documents such as bank account statement, superannuation information or credit offers. 

Many people are tempted to open mail which is addressed to their former partner, but you should avoid doing this because it is a federal offence to open mail that is not addressed to you.

Under the Criminal Code Act 1995, it is an offence to intentionally open another person’s mail. If you intentionally open someone else’s mail, then you may be jailed for up to 5 years.  

So what should you do if you keep receiving your former partner’s mail? We suggest the following: 

• If you have an amicable relationship, you can pass the mail onto them directly and ask them to change their address with whoever is sending them the mail. 

• If you have to keep asking your former partner to change their address, or your relationship is hostile then you can simply write “Return to Sender” on the mail and place it in a post box for it to be returned to sender. 

If you have accidentally opened mail that does not belong to you, then you should pass it on to your former partner immediately and apologise for opening it in error. This can occur at times when you both bank at the same financial institution. 

It is not an offence under the Criminal Code Act 1995 if you have accidentally opened your former partner’s mail however, is it an offence to hold onto any mail that you have accidentally opened. If you are found to be keeping mail that does not belong to you, then you may face up to 5 years imprisonment.  

It is also important to note that it would only be classified as “accidental” if you open your former partner’s mail on possibly one or two occasions, however, if this was a reoccurring event, the Court may not consider the actions to be “accidental”. 

The above is not intended to be legal advice.  

If you need advice in relation to a Family Law matter, please contact us on 08 9221 2666 or reception@calverleyjohnston.com.au to make an appointment to speak to one of our solicitors.

It is illegal to record any person – either by audio or with a camera. 

Many people think that recording their interactions with their former spouse, or their children, makes for great evidence in Court, but this is simply untrue. 

In Western Australia, section 5 of the Surveillance Devices Act 1998 (WA) prohibits a person from installing, using, maintaining, or causing to be installed, used or maintained a listening device to: 

• Record, monitor or listen to a private conversation to which that person is not a party; or

• To record a conversation to which that person is not a party. 

A mobile telephone is considered to be a “listening device”. 

Section 6 of the Surveillance Devices Act 1998 (WA) prohibits a person from installing, using, maintaining, or causing to be installed, used or maintained an optical surveillance device to: 

• Record visually or observe a private activity to which that person is not a party; or

• To record visually a private activity to which that person is a party. 

A mobile telephone is also considered to be an “optical surveillance device”. 

In accordance with subsections 5(3)(c) and 6(3)(a) of the Surveillance Devices Act 1998 (WA), it is not an offence to use a listening device or optical surveillance device to record conversations with a person, if both parties provide their consent (expressly or impliedly) to the recording taking place.  

Penalties for recording a person without their consent include a fine of up to $5,000 fine or 12 months imprisonment, or both.  

There are certain circumstances where recordings, whilst they may not have been obtained legally, can be used as evidence in Court proceedings. Please see our separate article, “Illegal Recordings and When They Can Be Used As Evidence.” 

The above is not intended to be legal advice and is based on the law of Western Australia only. If you are not based in Western Australia, please contact a local family law solicitor to obtain the relevant advice.   

If you need advice in relation to your family law matter, please contact us.

If you have agreed or been ordered by the Court, to attend Alternative Dispute Resolution, which is a form of Mediation, you may be wondering what happens.  

A Mediation can be held to resolve care arrangements for your children, a property dispute or both.  

Mediation can last anywhere between 3 hours and a full day. As such, you should arrange to take a day of annual leave from your employment and arrange for a family member or friend to collect the children from school.  

To attend Mediation, you will need to agree to appoint an independent mediator. In Western Australia, this will either be a retired judicial officer, who now specializes in mediation or a Barrister or Family Law Solicitor who is also trained as a mediator. There are also cheaper services available through the Dispute Resolution Unit at Legal Aid Western Australia, if you or your former spouse is able to qualify for these services. 

Once a Mediator has been agreed, all parties will then need to complete some pre-mediation paperwork. This helps the mediator understand your case and often include a schedule of assets, liabilities and superannuation (if it is a financial mediation) and the issues which need to be discussed which you do not agree about (if it is a child-related mediation). 

If the matter is already before the Court, you will also need to provide any documents filed for the proceedings to the mediator. 

Once the mediator has been appointed, and all of the documents provided, the parties, and their solicitors if they are represented, will then attend a pre-mediation meeting with the mediator.  

This pre-mediation meeting gives the mediator a chance to meet the parties, and to discuss the structure and conduct of the Mediation with the parties. The mediator will also discuss any issues that they have identified from the parties’ documents.  

Once the day of the Mediation arrives, it may be carried out in a few different ways such as: 

1. A shuttle conference – in this instance the parties do not meet, and the mediator will go between the parties to convey offers of settlement that one party may wish to make to the other; 
2. The conference may formally convene, and the parties meet in one room to discuss any issues 
3. A combination of the two above options – the parties may formally convene to discuss any issues which need to be discussed, and then a shuttle conference occurs where offers of settlement may be made. 

There is no style that is better than the others, and the mediator will usually suggest a style that they believe will suit the parties the best, and provides the best chance of assisting the parties with resolving their dispute.  

If you need advice in relation to proceedings in the Family Court of WA, please contact us on 08 9221 2666 or reception@calverleyjohnston.com.au to make an appointment to speak to one of our solicitors.

It can be quite nerve-racking and overwhelming attending your first appointment with a Family Lawyer.  

So, what should you bring with you to your first appointment?

If you have time to gather some information and documents prior to your meeting, that can greatly assist a Family Lawyer to provide you with tailored legal advice. This will avoid wasting your time, and your money, as most Family Lawyers charge by the hour.

Some helpful documents which you can bring with you to your first appointment include: 

• A list of any questions that you may have about your situation;

• A copy of any letters or documents you have received from your former spouse, or their solicitor about your current situation;

• A copy of your Marriage Certificate and/or Divorce Certificate (if applicable);

• A list of all the current assets, liabilities and superannuation entitlements which you or your former spouse have, whether held jointly or in your or your former spouse’s sole name, together with the estimated value of those items;

• A list of all the assets, liabilities and superannuation entitlements which you or your former spouse had when you first started living together, with the estimated value of those items;

• If you or your former partner owns a business, the financial statements and tax returns for the last financial year that has been prepared. 

It is not a requirement of attending an appointment that you bring the above mentioned documents, however, it will assist a family lawyer in providing you with more accurate and specific advice, in a cost-effective and timely manner. 

If you need advice in relation to divorce, property settlement or care arrangements for your children, please contact us to make an appointment to discuss your situation in more detail.