Corporate & Commercial

In today's complex commercial environment, few business moves can be safely made without effective, practical legal advice.
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Property

MPH is at the forefront of property law advice in Western Australia and provides advice on a variety of property transactions and issues including sales, development, syndication, strata...
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Commercial Litigation

We understand that commercial disputes are an unwelcome distraction from the management of your business and a drain on your resources.
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Energy & Resources

The energy and resources sector (encompassing mining, oil and gas, electricity and other energy sources) is not only a key driver of the Western Australian economy, but also...
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Indigenous Trusts & Native Title

Navigating the Native Title and Aboriginal heritage landscape is a critical issue for both resource project operators and Indigenous corporations, and one that requires accurate advice, timely cultural...
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Technology & Innovation

Technology and innovation, whether digital or otherwise, continues to play a fundamental and ever-increasing role in how organisations in industries of all types operate their businesses.
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Construction

MPH acts on behalf of contractors, principals and developers as well as other stake holders in relation to domestic, commercial and major infrastructure projects.
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Our Team

Didier

Didier Murcia

B.Juris LL.B (Chair)
Grant

Grant Pestell

LL.B (Managing Director)
NigelPakes SQ

Nigel Pakes

LL.B (Director)
GregOshannessy SQ

Greg O’Shannessy

Dip Law (Director)
Mark B

Mark Burchnall

LL.B BA (Director)
Natalie Quek SQ

Natalie Quek

LL.B Dip ModLan (Mandarin) (Director)
Paul2023

Paul Cavanagh

LL.B, BCom (Director)
DanB

Dan Butler

LLB BCom BA RITP (Director - Restructuring, Disputes and Commercial)
CherylSun SQ (1)

Cheryl Sun

LL.M, LL.B, BCom (Director)

News

Grant Pestell Named Among WA’s Top Technology, Media & Telecommunications Lawyers for 2024

We are proud to announce that our Managing Director, Grant Pestell, has been recognised by Doyle’s Guide as one of Western Australia’s leading lawyers in Technology, Media & Telecommunications for...
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Supervision of external administrators – Committees of Inspection

The Insolvency Practice Schedule (IPS) in schedule 2 of the Corporations Act 2001 (Cth) permits the creditors of a company subject to external administration (as that term is defined in...
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A first look at the Australian Cyber Security Bill 2024

On 9 October 2024, the Australian Federal Government introduced into Parliament a Cyber Security Legislative Package 2024 comprising the: Cyber Security Bill 2024 (the Bill); Intelligence Services and Other Legislation...
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General Powers: The Court’s Superpower under section 30 of the Bankruptcy Act 1966 (Cth)

Section 30 of the Bankruptcy Act 1966 (Cth) is a provision of wide import and broad application.  It permits the Court to make such orders as the Court considers necessary...
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MPH is proud to support Madalah

MPH is proud to have sponsored the MADALAH Youth Leadership Summit once again in 2024. The annual Summit empowers student leaders from the MADALAH cohort, aiming to build their leadership...
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AGM SEASON 2024: ESSENTIAL CONSIDERATIONS FOR PUBLIC COMPANIES

With the 2024 AGM (Annual General Meeting)  season under way for public companies with a financial year ending 30 June, it is important to ensure compliance with key regulatory requirements...
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The Good, the Bad and the Ugly

An article on ‘Good Leaver’ and ‘Bad Leaver’ provisions in Shareholders’ Agreements A Shareholders’ Agreement is a crucial document that outlines the rights and responsibilities of shareholders (and at times...
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Challenge to Validity of Appointment of Receivers and Managers is Dismissed

In the recent Federal Court decision of Specialised Welding Australia Pty Ltd v Disselkoen , legal principles concerning secured creditor rights, contingent claims, and the effect of a deed of...
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How an ‘underutilised’ Government incentive could shape the future of Fintech in Australia

In 2020, the Australian Government implemented the Enhanced Regulatory Sandbox Regime (Sandbox) to enable the testing of innovative financial services and credit activities without licences for 24 months from the...
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BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENTS) ACT 2021 (WA) [SOP ACT]

The SOP Act commenced operation on 1 August 2022 replacing the Construction Contracts Act 2004 (WA) (CCA) and applies to most contracts for the carrying out of construction work or...
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“That’s a Monday problem” – The “Right” to Disconnect

Background Recent amendments to the Fair Work Act 2009 (Cth) (“FWA”) provide the ability for employees, in certain circumstances, to now refuse contact or attempted contact from their employer (or...
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ATO Payments in and out

A common question that arises in client dealings with the ATO, and one which has particular relevance in the increasingly proactive ATO recovery environment facing companies and their directors, is:...
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The new JORC Code – what it will mean for mining companies

Earlier this month the Joint Ore Reserves Committee (JORC) released a public consultation draft of the new version of its eponymous Code, intended to be introduced in 2025 to replace...
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How much bite does it have left?

On Tuesday 30 July 2024 Regional Express Holdings Limited (Administrators Appointed) (ACN 099 547 270) and a number of its subsidiaries (ASX: REX) (the Rex Group) entered voluntary administration. Meanwhile,...
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ASIC: Biting off more than one regulator can chew

On 27 October 2022, the Senate referred an inquiry into the Australian Securities and Investments Commission (ASIC) to the Senate Economics References Committee for inquiry and report by the last...
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When public and private interests clash: Can you use records obtained under compulsion for extraneous purposes?

To paraphrase a well-known quote: to litigate once may involve a compulsory disclosure process, to litigate twice may invoke the need to seek a release from the Harman undertaking.   Where...
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Navigating the maze – unfair dismissal and general protection claims

Unfair Dismissal Part 3-2 of the Fair Work Act 2009 (Cth) (FW Act) allows national system employees to apply for an unfair dismissal remedy if they consider that the termination of their employment was...
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Provisionally speaking : when can I ask for a provisional liquidator

Courts are commonly asked to consider applications for orders for the appointment of a "provisional" liquidator to a company's affairs. As a starting point, a provisional liquidator may be appointed...
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Shrimp Happens – Project Sea Dragon Pty Ltd (Subject to Deed of Company Arrangement) and Canstruct Pty Ltd

In February 2024, the Federal Court of Australia made orders: setting aside a deed of company arrangement entered by Project Sea Dragon Pty Ltd (PSD); and winding up PSD in...
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423 not as easy as ABC

In a decision delivered last week, the Federal Court of Australia has rejected a bid by a major creditor for an inquiry into the conduct of the receivers and managers...
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MANDATORY CLAW-BACK PROVISIONS – DRAFT 5TH EDITION OF THE ASX CORPORATE GOVERNANCE PRINCIPLES AND RECOMMENDATIONS

Earlier this year the ASX Corporate Governance Council released the draft 5th edition of the ASX Corporate Governance Principles and Recommendations which proposed various amendments to the 4th edition which...
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Australian Federal Budget 2024-2025 CGT Changes for Non-Residents

The recent 2024-2025 Australian Federal Budget (Budget) announced, amongst other key economic forecast updates, proposed changes to the Capital Gains Tax (CGT) regime for non-residents of Australia. Whilst the details...
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ASIC cracking down on ‘greenwashing’

On 2 May 2024, ASIC Chair Joe Longo delivered a speech at the Responsible Investment Association Australasia (RIAA) Conference, outlining ASIC’s growing commitment to curb ‘greenwashing’, that is, the practice...
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Reforms to the laws around unfair contract terms

The passing of the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) reformed Australia’s laws on unfair contract terms (UCTs) to be more stringent on businesses entering into...
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COSOL ACQUISITION OF CORE ASSET CO

MPH has acted for ASX-listed COSOL Limited in connection with its acquisition of Core Asset Co Pty Ltd, an asset management consultancy with a blue-chip client base in the resources,...
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SUCCESSFUL OFF-MARKET TAKEOVER OF BULLSEYE MINING LIMITED BY EMERALD RESOURCES NL

MPH acted for public unlisted gold development and production company Bullseye Mining Limited in relation to the all-scrip off-market takeover offer made by Emerald Resources NL for the company, which...
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Australian Privacy Reform 2024 – What you need to know

Recall that in September 2022, the Optus data breach saw a hacker obtaining details of up to 10 million customers. Following right on its heels, in October 2022 the Medibank...
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New rules in the Supreme Court of Western Australia for serving proceedings on defendants outside Australia

New amendments to the Rules of the Supreme Court of Western Australia 1971 (Supreme Court Rules) came into effect on 9 April 2024 which make it easier for Australian companies...
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ACCC to tighten its grip on anti-competitive merger deals

As you may have read, the Australian Competition and Consumer Commission (ACCC) has recently announced the introduction (from 1 January 2026) of a new compulsory merger notification and clearance regime,...
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Australian Securities and Investments Commission (ASIC) v Holista Colltech Ltd [2024] FCA 244—Case note

On 19 March 2024, Justice Derrington of the Federal Court ordered Holista to pay a penalty of $1.8m for breaching its continuous disclosure obligations.  Her Honour ordered its director Dr...
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Strata Dispute – Appeal in the Supreme Court of Western Australia

MPH recently acted for the respondent company in a single judge appeal in the Supreme Court of Western Australia against a decision of the State Administrative Tribunal with respect to...
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Liquidator granted Court’s approval pursuant to section 477(2B) of the Corporations Act 2001 (Cth)

  MPH Lawyers recently successfully acted for a liquidator seeking the Court’s approval under section 477(2B) of the Corporations Act 2001 (Cth) (Act) for approval to enter agreements which required...
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MPH Directors contribute to leading restructuring journal

Directors Dan Butler and Paul Cavanagh have recently contributed to the most recent edition of the ARITA Journal, the peak publication for restructuring, insolvency and turnaround specialists in Australia in...
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SECTION 447A(1) CORPORATIONS ACT RELIEF FOR ADMINISTRATORS

MPH recently acted for the joint and several voluntary administrators of a listed company and two wholly owned subsidiaries, all under voluntary administration, seeking urgent relief to extend the maximum...
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AUB Group – HQ Insurance divestment

MPH recently acted for ASX-listed insurance broker AUB Group Limited in connection with the divestment of its majority interest in HQ Insurance Pty Ltd, a leading Sydney-based boutique insurance broker...
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MPH SPONSORED MADALAH’S YOUTH LEADERSHIP SUMMIT 2023

MPH Lawyers is a proud sponsor of the 2023 MADALAH Youth Leadership Summit. The Camp took place on Wardandi Borja (Busselton), November 3 - 6 2023 and was attended by...
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COSOL acquisition of AssetOn Group

MPH has acted for ASX-listed COSOL Limited in connection with its acquisition of leading asset management software and services provider AssetOn Group. The acquisition, for which COSOL will pay a...
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Section 1322 Corporations Act relief for ASX company

MPH recently acted for listed company seeking urgent relief pursuant to the section 1322 of the Corporations Act 2001 (Cth) (Act) in relation to an inadvertent failure to properly appoint...
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MPH is proud to support Madalah

Sharing one of the highlights from the MADALAH 2023 Ball. Footage below captured by @lumieremediaperth sharing MADALAH's students journey, walking in two worlds with the support of one another. See...
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MPH is very pleased to announce the appointment of Cheryl Sun as our new Director

MPH is delighted to announce the appointment of Cheryl Sun as a Director of our litigation division effective from 1 July 2023. For those who are not aware , Cheryl...
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WESTERN UNITED FINANCIAL SERVICES – SALE OF BUSINESS TO BMS GROUP

MPH acted recently for the owners of Western United Financial Services (WUFS), a leading Western Australia-based insurance broker, in connection with sale of the business to BMS Group, a multi-billion...
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ADROIT CAPITAL GROUP ESG PTY LTD AND REFORME RESOURCES PTY LTD – INVESTMENT IN NT MINERALS LIMITED

MPH acted recently for Adroit Capital Group ESG Pty Ltd and Reforme Resources Pty Ltd in connection with their investment into ASX-listed copper exploration entity NT Minerals Limited. The investment...
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FBR LIMITED – CAPITAL RAISING

MPH acted recently for ASX-listed technology company FBR Limited (ASX:FBR) in connection with its recent capital raising involving a strategic share subscription and share purchase by U.K based shareholder M...
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BULLSEYE MINING LIMITED – DEFENCE OF OPPRESSION CLAIM IN THE SUPREME COURT OF WA

MPH was pleased to act for Bullseye Mining Limited in defending multiple oppression claims in the Supreme Court of Western Australia, commenced by a minority shareholder in July 2020, alleging...
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IXUP LIMITED – CAPITAL RAISING

MPH acted recently for ASX-listed technology company IXUP Limited (ASX:IXU) in connection with its pro-rata non-renounceable entitlement offer to existing eligible shareholders. Under the offer, eligible shareholders were entitled to...
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MPH SPONSORED MADALAH’S YOUTH LEADERSHIP SUMMIT

MPH is proud to have sponsored MADALAH’s Youth Leadership Summit with Strandline Resources Limited. MADALAH Limited is a not-for-profit organisation that offers Secondary and Tertiary education scholarships for Indigenous students...
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SALE OF A 50% INTEREST IN A SIGNIFICANT WESTERN AUSTRALIAN AGRICULTURAL BUSINESS

MPH acted for the Vendor in the sale of a 50% interest in a significant Western Australia agricultural business which has been operating in the South West for a number...
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BULLSEYE MINING LIMITED – TAKEOVER BY EMERALD RESOURCES NL

MPH acted for public unlisted gold development and production company Bullseye Mining Limited in relation to both the all-scrip off-market takeover offer made by Emerald Resources NL for the company...
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FLEETSU PTY LTD – MERGER WITH US-BASED RAND MCNALLY

MPH recently acted on the successful merger of longstanding client and connected vehicle solutions and telematics company Fleetsu Pty Ltd with the US-based Rand McNally fleet business, a division of...
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MPH IS VERY PLEASED TO ANNOUNCE THE APPOINTMENT OF PAUL CAVANAGH AS OUR NEW DIRECTOR

MPH is very pleased to announce the appointment of Paul Cavanagh as our new Director from 1 January 2022. Paul Cavanagh joined MPH in 2016 and is a member of...
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COSOL LIMITED – ACQUISITION OF CLARITA SOLUTIONS PTY LTD

MPH is pleased to have once again acted for ASX-listed Enterprise Asset Management (EAM) business COSOL Limited, in connection with its acquisition of leading Brisbane-based EAM company Clarita Solutions Pty...
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CIRRALTO LIMITED – ACQUISITION OF TWO COMPLEMENTARY BUSINESSES

MPH is pleased to have assisted ASX-listed Cirralto Limited with two recent complementary business acquisitions. Cirralto is a transaction services business focused on providing business-to-business (B2B) payment services, digital trading...
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PURCHASE OF A CIRCA $60M AIRCRAFT

MPH acted for a family office to secure the purchase of a circa $60M aircraft. Advised on financing option in respect of the purchase, and subsequently negotiated with various parties...
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ACURE ASSET MANAGEMENT – $49M PROPERTY SALE

MPH acted for Acure Asset Management in the sale of its Baldivis retail property to ASX-listed property funds manager Charter Hall for $49m. Settlement was effected within 5 days of...
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MPH LAWYERS WAS PROUD TO SPONSOR THE MADALAH YOUTH LEADERSHIP SUMMIT THIS MONTH

The two-night camp to Trinity College’s Camp Kelly in Dwellingup gave MADALAH’s emerging leaders the opportunity to bond with other indigenous students and mentors, take part in capacity building exercises,...
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STRANDLINE RESOURCES LIMITED – $122M EQUITY CAPITAL RAISING

MPH recently acted for ASX-listed mineral sands explorer Strandline Resources Limited (ASX:STA) in connection with its fully underwritten $122 million equity capital raising. The equity capital raising comprised an: institutional...
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