Havilah Legal

Family Law

Family law can be an emotional and difficult area to negotiate. With this in mind, Havilah Legal takes great care and a proactive approach, when guiding clients through family law matters. We can advise you on any area of family law, including property settlement after divorce, division of assets for separated de facto and same sex couples, disputes in relation to children matters, advice on payment of child support and binding financial agreements.

Commercial Litigation and Dispute Resolution

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. More information

Debt Recovery and Fraud

One of the greatest threats to your business is the issue of outstanding debt, money owed to you by customers or clients who refuse or take too long to pay.

Business Law and Corporate Governance

Your business operates in a regulated environment whether you are a sole trader or a public company. We can advise you of your rights and obligations in an ever changing business environment. Whether establishing your business by selecting the right structure, reviewing or drafting contracts, raising capital, dealing with an employment issues or facing a claim for breach of Directors’ duties, we help you ensure the appropriate measures are in place to protect you, your business and your IP. Establishing a practice of good corporate governance is the best way to grow your business and succeed.

Employment and Workplace Law

Our Services

Our Perth employment lawyers have experience and expertise dealing with a variety of employment law and workplace issues on behalf of both employers and employees.

Our experience and expertise includes dealing with a variety of unfair and unlawful dismissals, employment contracts, independent contractor arrangements, redundancy, workplace bullying and harassment, HR policies and procedures, awards and minimum entitlements.

We can assist with:

• providing you with legal advice in relation to your rights and obligations as either an employer or an employee
• negotiating settlements of disputes including through mediation
• representing you before courts and tribunals, including the Fair Work Commission and the Western Australian Industrial Relations Commission.

Unfair and Unlawful Dismissal

One of the most common areas of employment law is that which deals with unfair dismissal of employees. Unfair dismissal is where an employee is dismissed from their employment in a harsh, unjust or unreasonable manner.

In addition to laws relating to unfair dismissals, there are laws relating to unlawful dismissals which are generally more serious than unfair dismissal. Unlawful dismissals generally occur where an employee is dismissed for a discriminatory reason or for exercising a workplace right.

Certain employees are entitled to make an application to either the Fair Work Commission or the Western Australian Industrial Relations Commission where they believe that their dismissal was unfair or unlawful.

Useful Legislation

The legislation which primarily governs employment and workplace relations include the following Acts:

• Fair Work Act 2009 (Cth)
• Industrial Relations Act 1979 (WA)
• Minimum Conditions of Employment Act 1993 (WA)
• Long Service Leave Act 1958 (WA)

Get in touch

We invite you to contact us by calling (08) 9221 2339 to discuss any of your employment law needs with us. We are able to give you understandable guidance and advice in plain English.

If you are an employee and believe you have been unfairly dismissed, you should obtain legal advice as soon as possible as ordinarily there are strict time limits which apply in which you may dispute your dismissal.

Criminal Law

Our Services

Our Perth criminal lawyers have experience and expertise dealing with a variety of charges.

We can advise and represent you if you are being accused of or charged with a crime or traffic offence, including:

• Fraud
• Money Laundering
• Internet Crime
• Assault, sexual assault and aggravated assault
• Stealing
• Drug and trafficking offences
• Weapon and firearm offence
• Traffic offences
• Motor Vehicle offences causing injury or death
• Dog attack and dog bite offences

There are many ways a lawyer can help you get through the difficult experience of being arrested, interviewed by police or being charged with a crime.

The first thing to remember when being interviewed by police is that you generally have the right to remain silent. Even if you don’t think you need to worry because you are innocent, there are many reasons not to talk to the police until after you have first obtained legal advice.

If you have been arrested and charged with a serious offence, police are not entitled to hold you in custody indefinitely without bringing you before a magistrate to consider whether you should be released on bail. Special rules apply to children who are arrested.

Havilah Legal can help by making a bail application on your behalf and ensuring that if you are granted bail, you are released on the most favourable conditions available to you in the circumstances.

Finally, even if you do think you have done something wrong or illegal, pleading guilty and “copping it sweet” will rarely be your only option, even if you want the matter resolved immediately.

The charge may not accurately describe what you’ve done, which may mean you can be acquitted because you are not guilty as charged. There may be a defence that in a legal sense justifies or excuses your actions. Or it may be that the prosecutor hasn’t got enough evidence to prove you committed the alleged offence beyond a reasonable doubt.

Even if you are convicted, we can still help you by stating reasons to the Court why your sentence should be reduced  (also known as a plea in mitigation) or, in less serious cases, why you should be released without  severe penalty or a recorded conviction.