The phrase 'resident in Western Australia' in s 205X(a) of the Family Court Act 1997 (WA) connotes a connection with Western Australia by habitation in the State, even temporarily, importing no particular degree of permanence but more than a mere sojourn or transient presence. It is to be given a broad construction as a criterion for access to remedial legislation. A person who divides their time between Western Australia and another country may satisfy the requirement if they have not divested themselves of the character of a resident of Western Australia. The question of whether physical presence in the State on the day the application is made is required was left open.
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