Originally founded in 1985 in Perth by Mr. Anthony J Aristei, Irwin Legal has now established itself as a reliable and reputable boutique law firm, dedicated to offering clients competitive rates for legal services and a professional experience. Specialising in commercial litigation, property and company law, Tony has acted as counsel in a large number of cases over the past threedecades. At Irwin Legal, we consistently work towards the best practical outcome for our clients. We pride ourselves on the quality of our work, and we have the results to show for it!
Founded in 1985
10 people in their team
We have experience in acting on nearly all types of property law related matters, particularly in relation to property sale disputes, lease disputes, mortgage or guarantee disputes, planning application reviews, strata title disputes, and caveats (including the retention or removal of caveats). Our clients include listed and private companies and individuals.
We advise clients on the sale and purchase of most types of residential and commercial property.
We can resolve property-related disputes between two or more joint owners of a property (commonly referred to as "joint tenants" or "tenants in common") by seeking court orders on behalf of our clients to have their 'beneficial' interest reflected on the title deed (to the extent of their rightful ownership). At that point, our clients can decide whether or not they'd like to remain as a co-owner or sell their ownership interest to another co-owner or third party.
Our extensive leasing experience and detailed understanding of retail shops legislation in WA allows us to provide our clients with a high level of expertise and comprehensive advice.
We advise clients on whether or not they can lodge or remove a caveat over their property. We take our clients through all of their options in removing a caveat, so that they can make an informed decision about the appropriate action to take.
If you have previously lodged a caveat and have received a 21-day notice from Landgate, your caveat will automatically lapse unless an urgent application is made to the Supreme Court to extend the caveat. Call us now to assist you with this application.
Where mortgagors default on their mortgage repayments, we advise mortgagees on initiating possession or sale proceedings. The services we provide include:
We have extensive experience in resolving strata title disputes, typically in relation to town-houses and home units.
We provide tailored and commercially effective advice, focusing on your business needs and priorities. By working closely with you, we can determine exactly what you need to achieve the best possible outcome for you and your business.
We assist our clients with all aspects of business contracts, including:
We have extensive experience with corporate governance issues such as directors’ duties, risks, and liability to shareholders. Our client base includes a number of small and medium corporate enterprises, as well as their directors and officers. We provide practical legal advice to assist our clients in protecting their business interests, as well as aiding directors and officers to protect their personal assets.
We recognise that at the core of a shareholders' dispute is a fight for control and the benefits that this control may provide to each shareholder.
There are a number of remedies available to shareholders who believe unfair or improper conduct should be dealt with. Many disputes between shareholders are best handled by one or more parties being “bought out”. Often the best way to do this is through negotiation.
However, there are times when a negotiated solution cannot be achieved. For example, each of the parties believes that it is the other party who should exit. When this occurs, we have the experience and expertise to initiate the necessary legal proceedings.
We assist our clients with closing or winding-up their business, from de-registering with ASIC to assisting with other legal obligations. We also advise on the procedure for the bankruptcy of individuals, assisting in the preparation of bankruptcy notices, statutory demands, and administration of bankruptcies and liquidations.
We provide our clients with advice and representation across all aspects of corporate and personal insolvency law. We assist stakeholders to comply with their legal obligations in various insolvency administrations (i.e. a liquidation, receivership, voluntary administration or bankruptcy). In circumstances where there are simply insufficient assets available to meet the various competing claims on them, we work to maximise our clients' commercial interests.
We strive to provide pragmatic and relevant advice in relation to any options that our clients have. We can determine where our clients stand so we can achieve the best possible outcome for them.
Partnership disputes (much like all disputes) are time-consuming and expensive for all parties involved. Partnership disputes give rise to unique issues, and raise many questions about the interpretation of the particular partnership agreement and the Partnership Act 1895. We can assist in resolving these disputes, by finding an amicable, innovative solution, while protecting our clients' rights in the partnership.
We represent commercial clients in all aspects of lease disputes regarding retail or commercial leases. Tony has authored and published an annotated commentary on retail shops law in Western Australia, allowing us to provide our clients with a high level of expertise and comprehensive advice.
We assist our clients by assessing their prospects for recovery and the debtor’s commercial viability. We then present all of the options to our clients, so that they can recover the greatest amount practicable.
We offer a highly professional service in this specialised area of company law. We assist our clients by preparing correct legal documents and attending the final hearing of their applications to ensure that they are sufficiently represented.
Our rates are highly competitive. In most cases, we either provide our services according to the usual scale of rates or can agree on lump sum fees with our clients for various stages of the procedure.
As a guarantor, you will be liable for any money owed to the lender by any of the borrowers named in your guarantee. This may give rise to significant issues, especially if you are not aware of your rights and liabilities at the time you chose to become a guarantor. We assist our clients with any queries that they may have before they agree to become a guarantor.
We understand that duties and obligations are not only owed by the borrower to the lender but also vice-versa. We appreciate that people can find themselves behind on their mortgages, and in some instances, the mortgagee initiates possession or sale proceedings. The services we provide for mortgagees include:
We take pride in providing the highest calibre of representation in civil litigation. We advise our clients of the best pathway for their personal circumstances. We firmly believe that we can provide them with a flexible and innovative course of action that will allow our clients to pursue different approaches if circumstances change. As goals may change, alternative approaches may be required at short notice to enable our clients to achieve the best result.
Commercial litigation involves resolving a range of business-related disputes. We have extensive experience in many kinds of litigation matters which enables us to reliably advise and represent your company or business. The services we provide include:
We advise clients on the suitability of mediation and negotiation for their disputes. We can suggest suitable arbitrators or mediators assist in settling disputes amicably. Additionally, we also represent our clients during all negotiations and can advise on optimal settlement options during the mediation process. As always, the alternative of pursuing litigation is available if attempts at mediation are unsuccessful.
Whether you are the applicant or the respondent, you must be thoroughly prepared for Tribunal hearings. During the hearing, the Tribunal member may ask you several questions about your application and you must be prepared and ready to answer them and back it up with evidence. We assist our clients with this preparation by providing them with all the necessary details and documents they will need for the hearing.
