Corporate & Commercial

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

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...
Read More

Commercial Litigation

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

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...
Read More

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...
Read More

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.
Read More

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.
Read More

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

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...
Read More

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...
Read More

“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...
Read More

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...
Read More

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,...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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,...
Read More

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...
Read More

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...
Read More

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...
Read More

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,...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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...
Read More

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,...
Read More

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...
Read More