The litigation process

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Every court (and tribunal) in Western Australia (including the Federal Court and other federal jurisdictions) has separate rules for the conduct of proceedings. Some use different nomenclature to describe parties and processes, but the principles are much the same. Commencing proceedings An applicant (plaintiff) commences an action against a respondent(respondent) by filing a writ (summons or application) at the appropriate […]

How we manage litigation

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If not properly managed, litigation can be unnecessarily time-consuming and expensive. We are committed to conducting proceedings as efficiently as possible. Preliminaries Before commencing proceedings consider: Have all other avenues for resolution been exhausted? Does the respondent have the means to satisfy a judgment? What are the prospects of success? How much will it cost? […]

Litigation funding

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A problem we have seen time and again is that a client has a good claim but is not in the financial position to pay court fees, our legal fees and the fees of any expert witness. This is where litigation funding may prove to be useful. Litigation funding simply means that someone else pays some or all […]

What the courts offer

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State Court/Tribunal Jurisdiction What they offer Court of Appeal of Western Australia Determines appeals from decisions from single Supreme Court justices and other courts. Same as the Supreme Court. Supreme Court of Western Australia Unlimited jurisdiction except as to constitutional matters and matters arising under federal law. Award of damages (unlimited). Equitable remedies such as […]

Cases

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Australia Retirement Care Australia (Hollywood) Pty Ltd v Commissioner for Consumer Protection [2013] WASC 219 (31 May 2013) Statutory construction: Represented the residents of the Hollywood Retirement Village and successfully opposed the plaintiff’s application to sell part of the village’s land against the wishes of its residents. D’Souza v Auguste & Anor [2001] WASC 310 […]

Stories from our civil litigation files

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M v C Acting for an individual who was induced to sell her house and move to the country on the basis of promises by her father and step-mother that she could live at the country property forever and would inherit the property on both of their deaths. However, our client’s step-mother now claims that […]

The kind of lawyer you hope the other guy has

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It’s not always easy to tell if the lawyer you’ve hired is right for you. If you’re wondering if you’ve chosen wisely our (slightly) tongue in cheek Guide may help you to decide if you’ve ended up with the kind of lawyer you hope the other guy has. “A lawyer’s advice is his stock and […]

Teacher fights unfair dismissal claim in Industrial Appeal Court

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Science teacher Charlie Brett is appealing against the WA Industrial Relations Commission’s majority finding that Education Department chief Sharon O’Neill was entitled to sack him after 30 years unblemished service. In 2012, Mr Brett was charged with serious offences to which he pleaded not guilty. He was automatically issued with an interim notice prohibiting him […]

The devil is in the documents

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Court cases are mostly decided on the facts in dispute – not esoteric points of law or by the brilliance of barristers’ arguments. And it’s surprising how often litigants leave sorting out the facts to the last minute. Sometimes what seemed to be a rock-solid action can collapse overnight because a factual point was overlooked. […]