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Former owners’ rights to compensation for building defects

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What does it take to get compensated?

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A matter of interest

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Speak before you act

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That settles it

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Episode 83

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Video: Q&A Part 3 - Pitfalls of doing business with family members

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Episode 80

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Episode 79

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Video: Q&A Part 1 - Why you need a commercial lawyer as a business

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Important Message for Manufacturers and Suppliers

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Important Message to Manufacturers and Suppliers of Goods

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Obeying a Family Court Order

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Michael Evans

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Professional Conduct Complaints

We can assist you with:

  • Professional Disciplinary Advice;
  • Court or Tribunal Representation; and
  • Pleas of Mitigation.

Professional discipline and regulation is essential to the proper and ethical functioning of every profession, industry and field of endeavour.

We provide advice and representation to professionals in a variety of fields who are subjected to disciplinary action or misconduct proceedings.

We also provide advice to clients who have suffered losses due to professional misconduct and assist professional regulators to investigate alleged breaches of professional codes of conduct.

Examples include:

  • Alleged breaches by building professionals of the Home Building Contracts Act 1991 or the Builders’ Registration Act 1939;
  • Allegations of misconduct or corruption by police and other public officials
  • Allegations of improper conduct by medical practitioners in the treatment of current or former patients
  • Alleged breaches by legal practitioners of the Legal Profession Act or Professional Conduct Rules and
  • Alleged breaches by real estate agents or selling agents of the Real Estate and Business Agents Act 1978.

If you are seeking initial advice on professional discipline and regulation, or if you are contemplating or have commenced legal proceedings, contact our Professional Disciplinary Complaints team or our Legal Information Desk lawyer.

For an initial 20-minute consultation free of charge, we can assess your situation and provide straightforward and practical advice on what steps you need to take, and how best to proceed.

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Commercial Litigation

Our litigators practise across a wide range of litigation areas, including family law, building and construction disputes, commercial lease disputes, real and personal property disputes, commercial contract disputes, professional conduct matters, criminal law and restraining orders.

If you do find yourself in a dispute or facing litigation, our team is on hand to help you through the process - whether negotiating a mutually acceptable commercial settlement or providing expert representation in litigation proceedings - and we will ensure you are kept up to date and fully informed of your options every step of the way.

Our dispute resolution and court representation team can assist you with:

  • Insurance recovery work;
  • Building disputes with builders, developers, contractors and tradesmen;
  • Lease disputes acting for both landlord and tenant;
  • Breaches of supply, service and delivery contracts;
  • Recovery of possession of real or personal property;
  • Disputes about title or ownership of real or personal property;
  • Commercial arbitrations, mediations and adjudications;
  • Disciplinary proceedings against professionals;
  • Loan/finance agreements for borrowers and lenders;
  • Partnership disputes;
  • Misleading and deceptive conduct and misrepresentation;
  • Corporate sabotage, including misappropriation of clients, trade secrets and know-how;
  • Consumer Protection;
  • Professional Negligence;
  • Managed Investment Scheme Disputes;
  • Business Disputes;
  • Trade Practices Disputes;
  • Directors Duties;
  • Trust Disputes;
  • Inheritance disputes;
  • Criminal and traffic offences;
  • Restraining orders; and
  • Enforcement of judgments.

If you are seeking initial advice on a commercial dispute, or if you are contemplating or have commenced legal proceedings, contact our Commercial Litigation team or our Legal Information Desk lawyer.

For an initial 20-minute consultation free of charge, we can assess your situation and provide straightforward and practical advice on what steps you need to take, and how best to proceed.

 

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Employment Law

Whether you are an employer or an employee you should always be aware of your rights and obligations when it comes to Workplace Relations and Employment Law.

Havilah Legal offers quality assistance and advice on all aspects of Workplace Relations and Employment Law we have an in-depth understanding of the different issues facing both employers and employees.

We can provide you with assistance and advice in the following areas:

  • Modern award compliance;
  • Individual and collective agreements;
  • Termination and unfair dismissal;
  • Redundancy and redeployment;
  • Managing performance and conduct;
  • Migration contracts and disputes;
  • Public sector employment;
  • Executive employment;
  • Workplace policy development;
  • Non-compliance issues;
  • Recruitment issues;
  • Independent contractors advice;
  • Court and tribunal representation;
  • Occupational health and safety;
  • Bullying and harassment;
  • Equal opportunity and discrimination matters;
  • Workplace dispute resolution; and 
  • Workers compensation.

An employee of a national system employer is covered by the Fair Work Act 2009 and all other employees and employers will be covered by Western Australian State Statutes such as the Industrial Relations Act 2009, Minimum Conditions of Employment Act 1993 and various other Acts and Awards.

If you are an employer….

You may need to seek assistance to enable you to determine whether you are a national system employer or whether you are covered by the State system. This is important because each system can impact on your current employment arrangements, arrangements with new employees and the rights and obligations you have when disciplining or terminating an employee.

If you are an employee…

You may also need assistance if you are about to negotiate an employment contract or if you have recently been terminated or made redundant. Both the Fair Work Act and the State Acts provide protections for employees but there are sometimes strict timeframes to adhere to.

If you are seeking initial advice, contact our workplace relations and employment law team or our Legal Information Desk lawyer.

For an initial 20-minute consultation free of charge, we can assess your situation and provide straightforward and practical advice on what steps you need to take, and how best to proceed.

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Corporate Fraud & Recovery

We can assist you with:

  • Forensic analysis and evaluation of financial statements;
  • Assessment of damages, restitution and asset recovery;
  • Police liason;
  • Review and assessment of evidence;
  • Instructing expert investigators and auditors;
  • Applications for discovery of evidence from third parties;
  • Asset tracing and recovery;
  • Conducting court proceedings; and
  • Enforcement of judgement including property seizure and debt appropriation orders.

By combining forensic and accounting experience with investigative knowledge, Havilah Legal is in a unique position to offer clients and advisors specialised advice and representation in the area of corporate fraud and recovery.

Actions of this nature can include breach of director, trustee and employee duties and will often result in both criminal and civil proceedings.

Our Corporate Fraud team is uniquely placed to provide you with expert advice and assistance on the types of matters listed above.

If you are seeking initial advice on a corporate fraud matter, contact our Corporate Fraud team or our Legal Information Desk lawyer.

For an initial 20-minute consultation free of charge, we can assess your situation and provide straightforward and practical advice on what steps you need to take, and how best to proceed.

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Tax Law & Tax Litigation

Our tax lawyers practise across a wide range of tax law areas, including:

Taxation Law 

  • Taxation of Trusts
  • Business Structures and Restructuring
  • International Tax
  • Tax of Mergers & Acquisitions
  • General Corporate Taxation
  • Income Tax
  • Capital Gains Tax
  • GST Advice
  • Stamp Duty Structuring
  • Succession and Estate Planning

Tax Litigation

  • Stamp Duty Objections to the Office of State Revenue and Appeals to the State Administrative Tribunal
  • Tax Objections to the Australian Tax Office
  • Tax Litigation including Tax Appeals in the Federal Court and Administrative Appeals Tribunal (AAT)

At Havilah legal, we can assist with the taxation impact on business transactions. From complex corporate restructures and sale of business to taxation of trusts and succession planning, we can work with your accountant or financial advisor to help find the most tax effective solution.

If you are the subject of a dispute with the Australian Taxation Office, we are in a unique position to provide you with comprehensive tax advice about your liabilities and to represent you if either you or your business entity is taken to court.

Our specialised professionals are uniquely equipped to deal with the most complex tax advice for business transactions which impact on international tax, corporate and M&A taxation, income tax, capital gains tax, GST and stamp duty obligations, taxation of trusts and succession planning in the most cost-effective manner.

If you are seeking initial advice on a taxation matter, contact our Tax Law and Tax Litigation team or our Legal Information Desk lawyer.

For an initial 20-minute consultation free of charge, we can assess your situation and provide straightforward and practical advice on what steps you need to take, and how best to proceed.

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Assessing Damages in Commercial Cases

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Podcasts

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Info Articles

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News

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January Newsletter 2011

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Episode 48

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Episode 47

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Avoiding the Raw End of the Deal

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November Newsletter 2010

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Episode 46

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Tenants Improvements to Commercial Property

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Episode 45

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September Newsletter 2010

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Do you evaluate your agreement with your customers to grow your business?

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Commercial Leasing when you Move Premises

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Mitigate that Loss

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Impounded Motor Vehicles

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Establishing New Ventures

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August Newsletter 2010

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Recourse against Builders

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Lump Sum Contracts

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Unfair Contract Terms

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Moving Premises

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Legal Costs - Fixed Fees

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Cyber Security and the Emergence of the Cyber Bully

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A without prejudice offer

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Injured worker on work trial entitled to compensation

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Mistakes Do Happen

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Licensed builders

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The Employment Law Puzzle – Where do you fit in?

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Are you an Independent Contractor

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Appeals to Superior Courts

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In trouble without being charged with a Criminal offence

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The Vexing Subject of Causation

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Advanced Health Directive or Living Will

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Workplace Behaviour

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Legal Costs in the Building Disputes Tribunal

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Episode 30

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Personal Accident Insurance - An “Accident” of Limited Coverage

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Episode 29

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Episode 28

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A Lump Sum Contract

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The Importance of Seeing a Doctor

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The RSL and Local Chambers sponsorship

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Protect your Business

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Franchising Unravelled

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Advanced Health Directive Legislation

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Consumer Protection for Non-Consumers

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Episode 22

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Havilah Legal and the Local Chambers

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Court Costs Unaffordable?... perhaps not!

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Insolvency and Company Directors

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Calderbank Offer

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But I thought we were friends

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Episode 21

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Episode 20

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Alternative Dispute Resolution

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Business Health Check

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Causation can cause problems

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Interest growing for simple Legal Access

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Episode 19

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Getting to the bottom of it – third party in family court proceedings

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Episode 18

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Episode 17

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Choices - What do Sports and Divorce have in Common?

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Community Profile

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WA has the nation’s toughest new Road Traffic Laws

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Hair today….gone tomorrow.

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Episode 16

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Episode 15

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Episode 14

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Living Wills

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How to Manage your Money

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Episode 13

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Episode 12

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Timing in Building Contracts - Don’t leave it until its too late!

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Lawyers Duty as an Officer of the Court Unmasked

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Are You Liable as a Director for trading Insolvent?

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Episode 11

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Episode 10

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