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 handled a case involving the owners of Lots in a Mandurah Canal subdivision in dispute over access to jetties and the case was won.
We represented a prominent winery in dispute with a builder that was set down for a 4 day trial in the SAT. On day 2 of the trial the other side’s lawyers advised us their client would not continue defending the case and they consented to judgment for all of our client’s claims and completed rectification work as ordered by the SAT.
We provide top tier services and top tier experience at substantially better rates to those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Further information can be found here regarding our fixed fees.
We can act for parties in commercial and civil litigation on the basis of a fixed, affordable, fee paid monthly as opposed to charging an hourly rate. If we are engaged on that basis you can pay a set fee, often at a discounted rate, in return for us remaining on the record as acting for you in the action for a fixed period. During that fixed period we will represent you and deal with whatever matters arise in the litigation during that time, including all court appearances and drafting of all court documents.
Our lawyers and law clerks work closely with our selected commercial barristers and work that can be done at lower hourly rates is always done at those rates.
Our legal advice is now often sought in relation to the State Administrative Tribunal (see our more in depth article in our Facts Page). Perhaps one of the biggest achievements of the SAT over the past year has been the successful use of mediation to solve disputes.
The Tribunal President Justice Barker is a trained mediator, who said recently in “The West Australian Newspaper” that it was common to discover that the two parties in a dispute have not previously had the opportunity to talk.
“We have been diverting a lot of applications to mediation and conferences with quite amazing outcomes”.
In the development and resources stream, about two-thirds of all minor applications are resolved via mediation. Of the major matters sent to mediation, about two-thirds are also settled. People lodging applications at the tribunal can expect a directions hearing within 21 days and fast-track procedures have been put in place for guardianship decisions, typically involving the personal finances and care of some of the most vulnerable community members.
Oral judgments are also encouraged because they take far less time to deliver than written ones and many applicants are satisfied simply hearing the reasons behind a judgment. Most tribunal decisions are published on its website, with the exception of mental health and guardianship decisions, where due to privacy reasons a selection of representative decisions are published.
Ahern Sierakowski Lawyers, is a West Australian Commercial Law Firm that practices commercial law in a large law firm manner, however unlike large commercial law practices, at Ahern Sierakowski Lawyers every client is able to speak to the principal, Marcus Ahern.
