Dominique Engelter

The Williams + Hughes Team

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Principal

LLB, BA

CONTACT

dominique.engelter@whlaw.com.au

08 9481 2040

EXPERTISE

Corporate & Business Litigation
Civil Litigation & Trusts Disputes
Insolvency
Construction Disputes & Litigation
Mining, Exploration, Energy & Mining Services
Agribusiness, Aquaculture & Farming Litigation
Contested Wills & Estate Litigation
Property & Leasing Disputes
Professional Negligence
Trade Practices & Australian Consumer Law
Trade Mark & Branding Registration, Strategy & Enforcement

EXPERIENCE

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Dominique specialises in complex dispute resolution in the Western Australian jurisdiction, focused predominantly in the Supreme Court.

He acts as counsel in trials in both the State and Federal Courts, as well as the State Administrative Tribunal.

Dominique has a broad range of experience across insolvency litigation, mining, commercial lease and property disputes, and trusts and estate litigation, acting for:

Land developers, project managers, and engineering companies in Construction Contract Act adjudications.
Liquidators in asset recovery actions and Personal Property Securities Act disputes.
Directors and creditors in defending claims made by liquidators.
Mining companies in disputes concerning tenement and plant acquisitions and disposals, tenement expenditure requirements, and contractual disputes in relation to farm-ins and drilling services.
Lessors and lessees in commercial tenancy disputes, including lessee claims for relief against forfeiture, equitable priorities between competing lessees, disputes concerning valid lease termination and breach of quiet enjoyment. Two recent examples are
Executors and beneficiaries in Family Provision Act claims, proceedings to remove executors/trustees, and Will interpretation cases.
Directors, shareholders, and partners in shareholder and partnership disputes, equitable claims such as diversion of commercial opportunities and breach of fiduciary duty, and Corporations Act claims such as breach of directors’ duties.

Some examples of Dominique’s experience as trial counsel are:

Obtaining Supreme Court orders discharging a caveat and resisting applications for caveat amendment and for leave to lodge a new caveat. See Wright v Brown [2023] WASC 245.
Acting for an Executrix in a Supreme Court action for partition and sale of land and defending against allegations of fraud. See Corlet & Anor v Field & Ors [2018] WASC 243. The client was successful, including on appeal to the Court of Appeal and with special leave to appeal to the High Court refused. See for example Field & Ors v Corlett & Anor [2018] WASCA 184.
Acting for a landlord in a Supreme Court action where the tenant claimed wrongful termination of the lease and relief against forfeiture. The landlord was vindicated, recovered their losses, and obtained an order for indemnity costs against the tenant. See Icechest Corp Pty Ltd v Quan [2017] WASC 345.
Successfully acting for liquidators in Supreme Court proceedings for declarations over rights to certain security property, which was then able to be sold back to the defendant for a premium. See Flown Pty Ltd v Goldrange Pty Ltd & Anor [2016] WASC 419.
Obtaining damages and a costs indemnity against the co-defendant in Supreme Court proceedings concerning priorities between equitable rights held by competing tenants to a commercial premises. See Claremont 24-7 Pty Ltd v Invox Pty Ltd & Anor [2015] WASC 220.

Dominique is a graduate of the Australian Institute of Company Directors (AICD) and a member of AMPLA.

The Williams + Hughes Team