Payment in Bitcoin 

There has been increasing interest in the community in the potential to pay legal fees in Bitcoin.

If you would like to pay your invoice in Bitcoin rather than AUD, please telephone our office for further information. Payment of invoices in Bitcoin may be available for approved clients, but is not possible if you wish to place funds into trust.

Philip W L Hardless LLM 

Principal 

FAMILY LAW MATTER FOR DECEASED ESTATE

In about November 2020, we assisted the executor of a deceased estate to resolve an ongoing Family Law matter involving his late mother. We attended a mediation-style conference with a retired Judicial Officer and resolved the matter by deed in an out-of-court settlement.

child Recovery orders

Throughout 2019-20 we have conducted a number of child recovery matters; sometimes helping clients apply for them and sometimes helping clients defend them. Child recovery orders are complex as the court hears them quickly and requires high quality evidence before the initial hearing. Our role in these proceedings is to help the court understand how the best interests of the children will be best served given the circumstances at play in the scenario before them.

afca decision a win for clients

In about  August 2019, we assisted a couple who had been poorly advised by their financial adviser. The financial adviser failed to have their self-managed superannuation fund audited in accordance with the relevant laws and regulations. We assisted them to proceed with a complaint to AFCA to obtain redress, and although they had some setbacks in the initial stages they were able to obtain a favourable decision from an Ombudsman. They also received financial compensation.

Mr Hardless provided advice as solicitor.

employment matter resolved

In August 2020, we assisted a client with an employment issue. His employer
(a Government agency) discovered an old criminal conviction that should have been declared spent. The conviction did not effect his work. We put submissions to the employer about the circumstances of the old offence, made them aware of the Government's own policy on discrimination based on old convictions, and were able to secure paid leave for our client until his contract expired.

Mr Hardless conducted the matter as solicitor

default judgment

In July 2019, we secured a judgment against a debtor in the Magistrates Court for a law firm in the south-west.

Mr Hardless conducted the matter as solicitor and counsel

MOTOR VEHICLE DEALER PROTECTED

In November 2019, we successfully defended a claim against a Motor Vehicle Dealer. A customer wrongly repudiated a contract and refused to take delivery of a vehicle. The dispute centred around the definition of a 'new' vehicle. We won the case and the court awarded costs in our client's favour.

Mr Hardless conducted the matter as solicitor and counsel

LONG RUNNING FAMILY LAW MATTERS
SETTLED

In 2019, we settled three long-running parenting matters in the Family Court by negotiating and finalising consent orders during the case. In all three cases, these settlements allowed the parties to move forward with certainty and saved them from paying significant legal costs at trial.

simple wills

Each year we prepared a number of simple Wills for clients who wanted certainty around how their property will be dealt with once they die.

costs award certified

In October 2020, we successfully had our client's costs certified in the Magistrates Court of WA. After assessment, our client received certification of costs of about $23,000, which was more than 65% of the actual costs the client paid to the firm.

Mr Hardless conducted the matter as solicitor

Client Wins District Court Appeal

In June 2020, we were successful in an appeal in the District Court of Western Australia. The other party appealed an earlier decision from the Magistrates Court. We defended the appeal and won, sucessfully showing that the appellant had not identified any errors of law, fact or discretion in the original decision.

Mr Hardless appeared as counsel on instructions from Mr Lee

Fire Ban Case Resolved

In January 2021, we assisted a rural property owner with a criminal charge. A local government charged him with lighting a fire during a fire ban. The fire ban had been announced at midnight that day, and our client was not aware of the announcement. He lit a fire that escaped his property. We helped him enter a plea and explain the circumstances. He received a fine to the lower-middle range of the spectrum, and a Spent Conviction Order.

Mr Hardless appeared as counsel on instructions from Mr Lee

Protection and Care matter resolved by consent

In July 2020, we succeeded in negotiating with the Department for Child Protection and Family Support to resolve a matter that was headed to trial. The DCPFS were seeking
'until-18 orders' for two children. As part of the negotiated settlement, the parties agreed to an 18-month time limited order for one child and a 12 month time limited order for the other child.

 

Mr Hardless conducted the matter as solicitor and instructed Ms Natasha Stewart who assisted as counsel 

DRUGS, WEAPONS, cash and traffic

In January 2019, we acted for a man charged with possession of drugs, a weapon, smoking implements, unlawfully obtained cash, driving recklessly and without a license. After reviewing numerous references and noting the attempts at rehabilitation that had been started in the community, the court imposed a term of imprisonment typical for similar offences and granted parole. By sending him to prison, the court sent a message to the community that this conduct is unacceptable.

Mr Hardless conducted the matter as solicitor and counsel

EMPLOYMENT SETTLEMENT

In January 2019, we represented an employer in the Federal Circuit Court of Australia, against an employee who brought a claim for breach of contract. The claim was for about $80,000 and it settled at mediation for $25,000.

Mr Hardless conducted the matter as solicitor and instructed Ms Rachel Cosentino who assisted as counsel

TRAFFIC MATTER

In December 2018, we represented a man charged with serious driving offences. After hearing from the community corrections officer and Mr Hardless, the court imposed a conditional suspended imprisonment order to allow him to address alcohol issues in the community and work on rehabilitation.

Mr Hardless conducted the matter as solicitor and counsel

ADMINISTRATION: SURETY GUARANTEES

In January 2019, we provided advice to a client about an application for letters of administration. One of the beneficiaries lives outside of WA. We provided advice about the surety guarantees required under section 26 of the Administration Act 1903. We assisted the client to prepare an affidavit for the beneficiary in question. 

Mr Hardless conducted the matter as solicitor and instructed Mr Cedric Williamson who assisted as counsel.

STRATA TITLES ADVICE

In December 2017, we gave advice about an air-conditioning unit that appeared to be incorrectly installed on the top of a strata apartment building. We prepared a letter to the owners explaining who was responsible for the incorrect installation and this helped resolve the situation without a hearing in the SAT. 

Mr Hardless acted as solicitor.

parenting orders

In January 2018, we assisted a lady who wanted to spend more time with her daughter. She was also worried that the Father would relocate with the child without informing her. We assisted by preparing a Court application, then attending Court to ask for interim orders so that our client could see her daughter on a regular basis. We also obtained an undertaking that the Father would not relocate or remove the child from school without obtaining the Mother's consent first.

driving while disqualified

In 2017, we acted for a gentleman who sat in a car on private property and was charged with 'driving while disqualified'. The engine was running, but only to keep him warm. He did not hold a valid licence. It was about 3am at the time and his friend (the driver) had been taken into custody for drink driving. We conducted negotiations with the prosecution and the result was that the prosecution dropped the charge. If convicted, our client would have received a prison sentence. 

Mr Hardless acted as solicitor and counsel.

debt recovery matter

In early 2018 we achieved judgment for our client for $220,000 in the District Court. This included a reasonable contribution to the client's legal costs.

Mr Hardless acted as solicitor. Dr Jessica Henderson assisted as counsel.

Family Law SETTLEMENT REACHED

On 16 January 2017, we helped to resolve a long-running Family Law Property Settlement claim through informal mediation. A consent order application brought an end to the long-running dispute 1 week before trial, saving both parties a great deal in legal costs, not to mention time and energy.

​​

criminal law sentence reduced

On 9 December 2016, we assisted a client who was being sentenced for nearly 15 criminal charges, after breaching a number of community orders. After the plea in mitigation his sentence was reduced to 18 months imprisonment and back-dated to include time already served while on remand. 

 

Mr Hardless conducted the matter as solicitor and instructed Natasha Stewart of Francis Burt Chambers who assisted as counsel. 

RESTRAINING ORDER MATTER SETTLED

On 8 August 2017, we assisted a client to resolve a Violence Restraining Order matter in the Magistrates Court. We held discussions with the Applicant, and following those discussions the parties were able to agree to a settlement, whereby a Restraining Order was made by consent, but with no admission of liability and substantially improved terms for our client.

Mr Hardless appeared
as counsel. 

EMPLOYER WITHDRAWS WRITTEN WARNING 

In July 2017, we assisted a client who had received a written warning from their employer. We wrote to the employer and outlined the circumstances leading up to the issue of the warning. As a result of our intervention, the employer withdrew the written warning and a new timetable was agreed for assessing our client's work performance. 

Mr Hardless conducted the matter as solicitor. 

EMPLOYMENT out of court settlement reached

In January 2017, we helped a client bring an end to a complex legal argument with his employer. The dispute related to various Industrial Agreements. After a serious of Court hearings we achieved a settlement out of Court with the employer that brought an end to the dispute.

Mr Hardless conducted the matter as solicitor and instructed Dr Jessica Henderson of Francis Burt Chambers who assisted as counsel.

Lease Advice Helps lessee plan his future

In May 2017, we provided advice to a client in relation to a commercial tenancy under the Commercial Tenancy (Retail Shops) Agreements Act 1985. The advice we provided allowed the client to move forward with his business plans with confidence.

Mr Hardless conducted the matter as solicitor.

children and international relocation

In January 2017, we assisted a Father who wanted to relocate with his children to South Africa. This involved providing advice in respect of section 65Y of the Family Law Act and assisting our client to comply with the law in respect of the proposed relocation. Our involvement assisted the client to take the children to South Africa and have them start at an excellent school with a family support network nearby.

WILLS FINISHED BEFORE TRIP TO THE UK

In June 2017, we assisted clients to complete their Wills before they travelled to the UK for a holiday. The time to completion from the initial appointment was about 1 week.

Mr Hardless conducted the matter as solicitor.

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