The Victoria Supreme Court of Appeal confirmed that a party cannot contract our of liability for misleading or deceptive conduct under Australian Consumer Law. Basically the Court of Appeal resolved that allowing parties to avoid the operation of s236 through a contractual provision would allow parties to diminish the operation of s18 together with other statutory consumer protection provisions.
A recent Supreme Court of WA judgment found a defendant was in contempt of court for ignoring orders in relation to a Family Provision Act 1972 (WA) (FPA) claim.
In The Public Trustee as administrator of the Estate of Jean Mary O’Sullivan v O’Sullivan [2025] WASC 108, the court found that the defendant, Mr O’Sullivan, was in contempt of court by resuming possession of property from which he had been evicted under a property seizure and delivery order (PSDO), following a previous successful FPA claim against his deceased mother’s estate by his sister in 2021.
Jean Mary O’Sullivan passed away on 8 April 2015 (Deceased). The Deceased was the registered proprietor of property in Safety Bay (Property). Mr O’Sullivan was granted probate of the Deceased’s estate (Estate) in 2016, and he became the registered proprietor of the Property. It was not until about 2019, that Mr O’Sullivan’s sister obtained a copy of the Deceased’s will and the grant of probate. In 2020, Mr O’Sullivan’s sister commenced an FPA claim.
Ever thought about an Enduring Power of Guardianship (EPG)? It’s your safety net for those times when making decisions is tough.
Family trusts can significantly impact asset division during family breakdowns, such as divorce or separation. Understanding how family trusts are treated in these situations is crucial for individuals navigating such challenging circumstances.
Divorce, in any circumstance, can be emotionally and financially challenging. However, when substantial assets are involved, the complexity and stakes increase significantly. High asset divorces require meticulous planning, expert guidance, and a clear understanding of legal implications to ensure fair outcomes for all parties involved.
We have specialised in Magistrates Court cases for over 20 years. Further details can be read here.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
The Magistrates Court deals with civil cases that involve:
Post office wills are notorious amongst estate practitioners for being rife with issues. They do not provide for all different possible circumstances.
Without receiving advice from an experienced estate planning practitioner, you are likely to miss key factors regarding your circumstances that require specific considerations and plans put in place and recorded correctly in your will.
A very common requirement often overlooked is the requirement for testamentary trusts, which provide many benefits to your prospective beneficiaries, including asset protection, tax benefits, and risk mitigation.
In the realm of relationships, the legal status of “de facto” often raises questions about financial rights and responsibilities. Understanding what constitutes a de facto relationship and its implications on finances is crucial for individuals navigating this dynamic aspect of modern partnerships.
A de facto relationship is recognized in many jurisdictions as a partnership between two individuals who live together in a domestic arrangement, akin to marriage but without being formally married. The criteria for establishing a de facto relationship vary by jurisdiction but commonly include factors such as:
At Ahern Sierakowski, we understand that divorce or separation is a challenging and emotional journey. During this difficult time, having the right support and guidance can make a significant difference.
Divorce is a legal process that formally dissolves a marriage, bringing an end to the marital relationship between two individuals. It is a significant life event that entails both emotional and legal dimensions, impacting various aspects of individuals’ lives and families.
For business owners, navigating divorce can introduce complex challenges that extend beyond personal matters to include the protection of valuable business assets. Whether you’re a sole proprietor, partner, or part of a closely held corporation, safeguarding your business interests during divorce proceedings requires careful planning and strategic considerations.
Our family law system emphasizes empowering separated families to reach their own agreements on caring for their children without the need for court intervention. In Australia, it is mandatory for separated parents to attempt Family Dispute Resolution (FDR) before seeking parenting orders from a family law court.
Mediation and arbitration offer efficient alternatives to lengthy court trials for resolving disputes. Mediation, a structured negotiation facilitated by a neutral third party, helps parties communicate respectfully and identify their needs and interests. If an agreement is reached through mediation, it can be formalized into enforceable court orders via the Family Court of Western Australia, providing added assurance.
Recent legislative changes in Western Australia have introduced significant updates regarding the division of superannuation assets in de facto relationships. Understanding these changes is crucial for individuals navigating separation or divorce in the region, particularly concerning financial settlements and superannuation entitlements.
Custody battles can be emotionally charged and legally intricate, requiring thorough preparation and understanding of key factors. Whether you’re navigating a divorce or separation, understanding what’s involved in custody disputes is essential for advocating for your child’s best interests.
Inheritance can be a sensitive and complex issue in divorce proceedings, often raising questions about whether it constitutes part of the asset pool subject to division. Understanding how inheritance is treated under family law is crucial for individuals navigating divorce or separation.
Discovering that your ex-spouse has a new partner can raise questions about how their assets might impact divorce settlements. Understanding the legal implications of a new relationship on financial matters is essential for anyone navigating divorce or separation.
When family members, such as parents, lend money to a married couple or individuals in a de facto relationship, the question of repayment during divorce or separation can complicate an already stressful situation. Understanding the legal implications of family loans in divorce proceedings is crucial for all parties involved.
Protecting your assets is a vital consideration, especially during life events such as marriage, cohabitation, or business ventures. Whether you’re planning for the future or navigating potential risks, implementing strategies to safeguard your financial well-being is essential. Here are key steps to consider:
When parties in a marriage or de facto relationship reach an agreement concerning children or property settlement, filing an Application for Consent Orders offers a streamlined path for approval by the Family Court. This avoids the need for prolonged court proceedings.
At Ahern Sierakowski, we provide comprehensive assistance throughout this process. From negotiation to the meticulous preparation of required documentation, we ensure your agreement is legally binding and enforceable. Our expertise ensures a smooth transition from agreement to formalized Consent Orders, safeguarding your interests and promoting efficient resolution of family matters.
Contact us today to start the process of securing your Consent Orders with confidence and clarity.
More information about our services can be found here.
Visit the Industrial Relations section of our website here for more information and articles on employers and employees.
The case of Houghton v Arms may prove to have wide ranging implications for Australian Workers. It may set a precedent which would see employees who make a mistake at work face personal liability for their actions, separate to any claims made against their company.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
In order to be valid under Australian law, the items subject of the retention clause must be capable of being identified by the seller. If the seller supplies a standard product, steps must be taken to ensure that that the goods are readily identifiable.
The retention of title clause must adequately identify the goods. The seller should name the goods specifically in the contract of sale and place suitable identification symbols and marks on the goods to indicate that the goods are the property of the seller – Australian Encyclopedia of Forms & Precedents, Retention of Title Clauses.
A retention of title clause can be a very useful tool but the terms and conditions need to be drafted properly to be enforceable.
More information on the Corporations Act 2001 can be found obtained by contacting us.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
The law regarding the statutory remedy of oppression is contained in Part 2F.1 of the Corporations Act 2001 (Cth) (“CA”) which comprises sections 232 to 235.
Contact us today to discuss how the Statute of Limitations affects your cause of action.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
See our website here for more information on contracts.
Collateral Contracts
A collateral contract is usually a single term contract, made in consideration of the party for whose benefit the contract operates agreeing to enter into the principal or main contract, which sets out additional terms relating to the same subject matter as the main contract.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
More information on Business Disputes, including Partnership disputes, can be found at Partnership Agreements and Partnership Disputes – Contract Negotiations and Interpretations and at All Business Disputes.
See our website here for further information on our work in the State Administrative Tribunal.
We have successfully handled large construction disputes in the courts, in the State Administrative Tribunal (‘SAT’) and in the Building Disputes Tribunal for all sorts of clients including construction companies, structural steel companies, developers and home owners.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters. Contact us today for more information – click here.
Where the relationship of principal and agent has been created by agreement, it is open to the parties to agree to terminate the relationship. It is also generally possible for the parties to unilaterally terminate the relationship, that is, to withdraw agreement. This may be by the giving of notice or by implied revocation. This right to unilaterally terminate is subject to rules dealing with irrevocable authorities. (G Masel, The Laws of Australia, Thomson Lawbook Online, [8.1.80])
Due Diligence is the legal and commercial process of examination of a transaction, including the entities involved and the related documentation. It is an essential part of a purchaser’s risk management strategy and it allows the purchaser to understand the risks associated with the purchase, incorporate these into the determination of the purchase price and deal with them as required. Through this process, issues can be dealt with and negotiated by the purchaser and vendor and if the issues cannot be resolved, the purchaser can then withdraw from the transaction and save costs.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Further information that may be useful to you on the sale of a business click on the following links:
For more information on Defamation visit our website here.
The Defamation Act 2005 came into force in WA on 1 January 2006.
What is defamation?
If you have defamed a person, you may be held liable for damages (money).
You have defamed a person if you make a statement which:
• tends to lower the person’s reputation in the eyes of ordinary members of the community;
• leads people to ridicule, avoid or despise the person, or
• injures the person’s reputation in business, trade or profession.
If you are involved in litigation then click here for more information.
FREEZING ORDERS
The recent Western Australian Supreme Court decision of Sayed v Hemat [2011] WASC 183 has provided some welcome clarity to the circumstances in which the Court will grant an Interim Freezing Order.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
What is an Interim Freezing Order?
Order 52A of the Rules of Supreme 1971 (WA) governs the circumstances in which the Court will grant an application for a ‘freezing order’. A freezing order is an order that restrains a defendant from removing, disposing, or dealing with assets in a way which would prevent a judgment made in favour of the plaintiff from being fulfilled.
We have advised clients on building contract legal issues for 25 years.
The standard REIWA Contract for Sale of Land includes an optional subject to finance clause. The parties to the contract can elect whether the clause should apply to the contract by signing in the “finance clause is applicable” or “finance clause is not applicable” box.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
We offer fixed fees for advice on Subject to Finance Clauses. Our fixed fees for advice on Subject to Finance Clauses are from $500.00 exc GST.
For the most up to date content on this topic visit our website here.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
More and more we are advising employers on suing former employees who leave to set up their own business, or work for a competitor and then poach their old employer’s clients.
Recently a court in NSW forced an accountant to repay to his old accounting firm $188,000 that he earned from a client which he had taken with him when he moved employment to a new firm.
We can prepare employment contracts to include restraint clauses making those employees who have attempted to take client bases with them liable for damages. We have also had several cases involving employees taking company property such as pricing structure and tender documents and other sensitive information giving them sensitive information allowing them to unfairly compete with their former employer. Employers have many options open to them to pursue their former employees.
Some of the services we have provided for our clients include sending letters of demand, demanding undertakings, reviewing employment contracts, providing advice on injunctions and commencing litigation.
For more information on Employment Law – click here.
Sergey Aleynikov, a former Goldman Sachs programmer, was charged for computer theft crimes under New York state law. Mr Aleynikov was accused of stealing highly confidential information from his ex-employer.
This came after Mr Aleynikov’s federal charge on the same facts was overturned earlier. The federal court of appeal found the charges did not fall within the wording of the federal computer theft legislation due to the intangible nature of software code, nor could it fit within the corporate espionage legislation as the code was not intended to be sold or licensed.
Mr Aleynikov is now facing criminal charges of unlawful use of secret scientific material and duplication of computer-related material under New York state law.
No matter what the terms of your written contracts there will always be warranties about the quality of your work. Contact us today and we can advise you on any contract you need prepared or are thinking of entering into or for more information click here.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
An implied warranty is a promise that something that is sold is fit for the proper purpose for which it is sold. It doesn’t need to be written down in a contract because it is ‘implied’ by law.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
What is the Personal Property Securities Act and what does it do?
We have advised on and prepared sub-contracts in Perth and Western Australia for 25 years for clients in construction, mining and all other commercial areas.
For further information relating to Building & Construction and sub-contracts read Building and Construction, Contracts and Commercial Advice and Building Contracts and Sub-Contracts.
Whatever industry you are in, clients also need to be certain whether their workers are independent contractors or employees. If you don’t have a proper sub-contract your workers may be classified as employees even though you think you are treating them as independent contractors.
You may be exposed to various claims, including superannuation and claims by the ATO.
“We have 25 years experience in pricing legal work for both sophisticated clients (financial institutions and large companies) and for smaller businesses and individuals. We work on a fixed fee for all of our contract work. For litigation we have various pricing methods including a fixed price.”
Please see here for our latest rates and information.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Having worked at Freehills, one of Australia’s largest national law firms, for several years and becoming a partner of a middle sized firm, Marcus Ahern has seen the best and worst efficiency in legal practice.
Perth Lawyers Alternative Billing Methods and Fixed Fees Lawyers in Perth
We handle all disputes relating to improper use of intellectual property including breach of copyright – for further information read Intellectual Property and Protect Your Intellectual Property.
In Australia, the Copyright Act 1968 governs the existence of copyright material. Notwithstanding the fact that certain business offering copyright protection of registration services of copyright for a fee, there is no formal registration process or formalities in place for the protection of copyright. Copyright protection is automatically attached to an original work at the time in which it is created.
Once copyrighted work comes into existence, there are exclusive economic rights that are provided to the creator of the work, for example the right to copy and publish. Additionally, the creators of the copyrighted material are also afforded a bundle of non-economic rights or moral rights in respect of the integrity and attribution of authorship.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters..
Businesses often have their trade secrets misappropriated by former employees and competitors.
We assist new business owners and entrepreneurs start up, manage and grow businesses, including online businesses.
The following points will help you to set-up and manage your new business and any new online business. See also Companies and Businesses Setup.
1. What legal structure best fits your business?
It is important to ensure that you follow the strict legislative requirements when lodging a caveat over property in Western Australia. Otherwise, the caveat may be ineffective in protecting your interest in land and may be challenged. You should always take legal advice from lawyers experienced with caveats and securities generally.
LODGE A CAVEAT
If you want to lodge a caveat over property – see Caveats over Properties.
Negotiating Leases
Before signing a lease agreement you have the option of negotiating to reach an agreement that meets your needs. Below are a few of the most important points to consider when negotiating your lease. See also Legal Advice on Leases.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
For information see Lease Disputes and Disputes Over Caveats.
For more details on our services regarding claims against employees – click here.
Your employees’ employment contracts need to have strict clauses in them so that they are not tempted to steal your intellectual property and set up in competition to you or take them to a competitor.
The quicker we act for our clients by sending letters of demand to debtors on our letterhead, the quicker our clients get paid. Our letter threatens a summons being issued in 7 days claiming the debt, costs and interest. Debtors react quickly when they get our letter of demand.
The longer you delay, the lower you will rank in the debtor’s queue for making payments. Contact us today or for further information click here.
If you use our terms and conditions you will be able to lodge a caveat over property owner by the debtors.
Employee restraint of trade voided by non-compliance with contract by employer
Employment restraints are vital for employers in order to protect their goodwill and client base developed in their business over numerous years.
Employment restraints usually restrain employees from poaching staff, poaching clients, setting up a competing business and working for a competitor, both during and after the employment has ended.
“Ahern Sierakowski Lawyers have advised employers and senior employees on employment contract issues for 25 years.”
See also Breaches of Restraint of Trade Clauses.
The recent case of Habitat1 Pty Ltd v Formby [No 2] [2017] WASC 331, has provided great insight into how the law operates in relation to restraint of trade clauses.
Christian Formby and Geoffrey Pritchard were co-owners of an interior design and construction firm Habitat1, each with a 50% stake in the company. Mr Formby was a founder of the company and in 2013, Mr Formby signed a non-compete agreement which contained several restraint clauses. In February 2016, Mr Formby left the business, ceasing to be an employee of Habitat1.
New Company Startups/Business Structure – for more information click here.
Too many people set up new businesses without carefully considering the best business structure that can be tax effective and protect assets.
As Perth construction lawyers we specialize in all building and construction contract advice, dispute resolution and litigation matters. Our clients include building and construction companies, mining services companies, property developers, contractors, subcontractors, civil contractors and suppliers in a variety of building and construction disputes.
We also act for customers of builders and provide advice on lump sum home building contracts for a very competitive fixed price.
