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Civil and Commercial Litigation

Commercial litigation experience

I am experienced in appearing, both alone and with senior counsel, in the District and Supreme Courts of Western Australia, including:

  • before Commercial Managed Cases (CMC) List judges, and
  • in the Court of Appeal.

I have conducted trials in the District and Magistrates’ Courts and a single judge appeal as lead or sole counsel.

I am experienced in leading evidence, including expert evidence, and cross examination.

Many of the matters I have argued have involved novel points of statutory interpretation. For example, Commissioner of the AFP v Courtenay Investments Ltd [No 2] [2014] WASC 55.

Commercial litigation practice areas

I accept instructions to appear before all State and Federal Courts including the SAT and AAT. I accept briefs in most civil and commercial matters, including:

  • Administrative & Constitutional
  • Bankruptcy & Insolvency
  • Commercial Law
  • Corporations
  • Disciplinary Tribunals
  • Equity, including Injunctions
  • Property Law
  • Landlord & Tenant

Insolvency

At Christensen Vaughan (a boutique insolvency firm, now Gadens) I regularly dealt with:

  • Statutory demands and bankruptcy notices, including setting aside
  • Winding up and sequestration
  • Voiding preference payments
  • Seeking directions on behalf of liquidators
  • Adjudicating proofs and appeals therefrom

I have also had experience with liquidators’ public examinations and ASIC private examinations.

My litigation philosophy

Litigation is not an end in itself. Every step in any matter must be informed by the desired final outcome.

An early understanding of the applicable statutory and case law, and an early mastering of the facts and evidence will arm me to advise the client, and in turn enable the client to provide informed instructions throughout the conduct of the matter. It is an approach that focuses on the detail, and ensures that availability and admissibility of evidence is never overlooked.

Litigation can be an undesirable distraction from a client’s core business. My approach is to ask (myself and others in the legal team) what is the most efficient and effective method to achieve the outcome desired. Interlocutory steps should only be undertaken when they are likely to improve the prospects of a positive final outcome for the client.