General Enquiries:office@whlaw.com.au
Perth:+61 8 9481 2040
Geraldton:+61 8 9921 2344
Litigation & Dispute Resolution
Dominique Engelter
PrincipalLLB, BA
EXPERTISE
EXPERIENCE
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 againt 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 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.
Agriculture Law, Aquaculture & Farming Litigation
Make an Enquiry
We are experts in agriculture Law, aquaculture, and farming litigation. Various members of our team have ties to Western Australia’s agriculture and fishing industries in the Kimberley, Mid-West, Wheatbelt, and Great Southern. We act for broad-acre farmers, industrial livestock producers, abattoirs, rendering and seafood businesses (commercial fishing, abalone and rock lobster), vignerons, and investors in agricultural managed investment schemes in Western Australia and interstate.
Our staffed Geraldton office, and a regular circuit presence in Carnarvon, services the Mid-West farming and horticulture, commercial fishing and rock lobster communities as well as tourism operators in the region.
Our Perth office has assisted with legal disputes and provided litigation advice to pastoralists in the Pilbara, tourism and aquaculture operators in Broome, broad-acre farmers and livestock producers and abattoirs throughout the Wheatbelt (Bindoon, Brookton, York, Katanning, Pingelly, Southern Cross, Ravensthorpe, and Esperance), winery operators in the South-West, and abalone operations in Albany.
We are here to help if you have questions or need assistance with agriculture law, aquaculture, or farming litigation.
Construction Disputes & Litigation
Make an Enquiry
We advise contractors, sub-contractors and principals in large construction project disputes relating to:
- Mining, such as contractual disputes and negligence claims regarding the construction of processing plant, works relating to pipelines, and the development of mine-site accommodation and facilities
- General infrastructure claims relating to the construction of hospitals, road tunnels, transport terminals, and wind farms
- Commercial and residential property development, such as advising project managers and principals in relation to claims under their management agreements, claims under the Building Services Act, disputes between neighbouring developers in relation to shared services and contribution, and claims relating to project delays and variations
We provide the full range of dispute resolution services including mediation, adjudication and arbitration, as well as proceedings in the Federal and State courts.
Click to view
Our relevant and notable experience includes:
- Acted for a national engineering company in a Construction Contracts Act adjudication for subcontractor works at the Muja power station project in Collie
- Advised a foreign subcontractor in a multimillion dollar contractual dispute with the head contractor about the manufacture and supply of wind turbine towers for a Western Australian wind farm
- Acted for directors in NSW Supreme Court proceedings by an insurer relating to $7million guarantees of construction-related insurance bonds
- Acted for the responsible entity of two residential property development managed investment schemes in the Perth outskirts, in successful defence of multiple Construction Contract Act adjudication claims by the project managers
- Acted for responsible entity of a managed investment property development scheme in a dispute with a neighbouring landowner about contribution to public open space and the sharing of development costs
- Advising a project manager in relation to dispute with property developer in the southern metropolitan region, in relation to payment and performance and termination of services
- Acted for a build-to-lease tenant in a dispute concerning fitness of use of a purpose built laboratory/office/warehouse facility and rectification of construction works
- Acted on many occasions for builders in the State Administrative Tribunal and State courts in defending claims by owners concerning the construction of residential houses and apartment complexes.
Regulatory Investigations
Make an Enquiry
The Williams + Hughes litigation team has acted for multiple clients in:
- ASIC investigations and prosecutions
- Real estate and medical board actions
- Civil claims with a statutory element, such as defending claimed breaches of local government by-laws, and prosecutions relating to sale of land
- Defending environmental prosecutions
Click to view
Our notable and relevant experience includes:
- Acted on several occassions for financial advisers in investigations by ASIC relating to section 920A Corporations Act banning notices, alleged breaches of the National Credit Code, and associated criminal prosecutions
- Acted for a large private chemicals company in relation to various regulatory investigations and prosecutions, such as a Department of Environment investigation relating to a significant diesel spill and a Worksafe investigation relating to a boiler explosion
- Acted for a landowner in relation to a prosecution in the State Administrative Tribunal by a local government for failing to abide a direction
- Acted for a pastoral lessee in an investigation by the Department of Environmental Regulation relating to clearing of native vegetation
- Acted for mining companies in investigations and prosecutions by the Department of Mines and Petroleum relating to mine site accidents
- Acted for a tourism operator in defence of a prosecution under the Conservation and Land Management Act relating to conducting tours within a wildlife exclusion zone
- Acted for a tourism operator in defence of a local government prosecution relating to use of a jetty at a restricted location
Franchising Disputes
Make an Enquiry
Williams + Hughes has acted for both franchisors and franchisees in franchise disputes, including disputes concerning performance of the franchise agreement, non-solicitation and restraint of trade of former franchisees, and claims relating to competition by the franchisor or other franchisees.
Click to view
Relevant examples of our experience include:
- Acted for a franchisor in Supreme Court proceedings to restrain a franchisee from abandoning the franchise and operating a competing business relating to hose fittings and parts
- Acted for a franchisor in District Court proceedings to restrain a former franchisee from operating a competing driving school business
- Acted for a café franchisee in Supreme Court proceedings against a franchisor for allowing competition in the franchise territory
- Acted for franchisees in Federal Circuit Court proceedings against the franchisor for misleading and deceptive conduct in the sale of franchises
- Advised a real estate agency franchise as to the terms of their franchise agreement
Contested Wills & Estate Litigation
Make an Enquiry
Williams + Hughes provides a complete and integrated service from succession and Estate planning, to the preparation of Wills and associated documents such as testamentary trusts and powers of attorney and guardianship, through to dispute resolution services.
Our litigation team has a broad range of experience assisting Executors/Executrix’, Administrators, and beneficiaries and other claimants, in dealing with claims to prove the validity of Wills, court actions to interpret Will provisions, and claims under the Family Provision Act 1972 (inheritance claims).
We also act in the State Administrative Tribunal in guardianship and financial administration matters.
Click to view
Our relevant and notable experience includes:
- Acted for a beneficiary in a significant Supreme Court inheritance claim in a deceased Estate with assets of more than $1 billion
- Acted for the executor in Supreme Court proceedings seeking interpretation of bequests in a Will. The proceedings also dealt with the Charitable Trusts Act and whether the Court retained an inherent cy-pres power
- Acted for the executrix to defend Supreme Court proceedings seeking her removal, and concerning the interpretation of clauses in a Will
- Acted for family members in applications to the State Administrative Tribunal for guardianship and plenary administration powers, and in Supreme Court proceedings by administrators seeking to deal with Estate property
- Acted for the successful defendant in a Supreme Court family provision claim including a claim of a constructive trust over assets transferred during the deceased's lifetime
- Acted for a defendant in Supreme Court proceedings regarding a contested Will and Family Provision Act claim for a multi-million dollar Geraldton farming Estate, which was settled by deed of family arrangement
- Acted for the administrators of a deceased Estate in a claim against the deceased's former solicitor who meddled with the Estate's assets
Civil Litigation & Trusts Disputes
Make an Enquiry
Our team have proven experience across a wide range of general civil disputes. We focus on pragmatic advice and early resolution (where possible). As experienced commercial litigators we have great success resolving disputes for clients without the expense and delay of a trial. We are accustomed to acting:
- In partnership dissolutions, acting for partners in claims against each-other, and disputes in relation to what assets fall within the partnership and the use of partnership property and diversion of opportunities
- For parties in contractual disputes and ‘quasi-contractual’ claims such as quantum meruit, claims about the interpretation or rectification of contracts, and mistaken payments
- In equitable claims relating to services or goods provided (restitution)
- For claimants and defendants in breach of fiduciary duty claims against lawyers, accountants, and financial advisors
- For creditors in debt recovery and general creditor enforcement actions
- To defend debtors and guarantors in loan claims and credit arrangements
- For trust beneficiaries in applications to remove trustees, for access to trust records, and in disputes regarding unit sales in unit trusts
- In court actions against trustees for breach of trust, and to trace trust property that has been transferred to others
Click to view
Our relevant experience includes:
- Acted for an independent trustee appointed to various family trusts pursuant to section 77 Trustees Act. This included opposed Supreme Court applications by the trustee for directions relating to the sale of assets and distribution of proceeds, ongoing disputes with a beneficiary as to the trustee's actions, and disputes concerning the appropriate distributions to beneficiaries
- Acted for a plaintiff company in Supreme Court proceedings for declaratory relief concerning the interpretation of a significant mining royalty agreement and rectification of its terms
- Acted for plaintiffs in various Supreme and District Court proceedings alleging professional negligence and breach of fiduciary duty by solicitor
- Acted for liquidators in Supreme Court proceedings against accountants for negligence, misrepresentation, and breach of contract in respect of their auditing of the financial services group over a four year period
- Acted for defendant financial advisors in separate Supreme and District Court actions alleging breach of fiduciary duty and professional negligence relating to margin lending facilities and ongoing financial advice
- Acted for an accountant defending a multi-million dollar Supreme Court action claiming professional negligence, breach of fiduciary duties, and misleading and deceptive conduct relating to failed investments
- Acted for retiring partners of an accounting practice in the partnership breakup, including claims by the retiring partners of breach of fiduciary duty, contract construction issues such as the effect of repudiation on exclusion and limitation clauses, and the construction of terms delimiting parties’ rights to terminate
- Acted for the plaintiff in Supreme Court proceedings relating to the dissolution of an accountancy practice, with alleged breaches of the Partnership Act and fiduciary duties, and seeking injunctive relief to prevent the transfer of partnership assets and diversion of business opportunities
- Acted for an Australian producer of industrial products in Federal Court proceedings against a United States oil retail brand in relation to breaches under a distribution agreement
- Acted for the claimants in Federal Court proceedings for damages in excess of $20 million, against valuers in respect of the valuation of a retirement village
- Federal Court action relating to collapse of an $8million debenture funding scheme for film production; including actions to replace the trustee of the scheme, then acting for the new trustee in proceedings against the former trustee and its directors for breach of fiduciary duties, negligence and breach of contract
- Acted for the plaintiff in a Supreme Court action relating to the breakdown of a joint venture development of a bio-diesel plant in Thailand. An application was made to wind up the relevant company on the “just and equitable” ground because of shareholder deadlock and the asserted dissolution of a quasi-partnership
- Acted for the plaintiff in a Supreme Court action to remove a corporate trustee and obtain an interlocutory injunction to restrain the sale of a business and compel the payment of a multi-million dollar shareholder dividend
- Acted for the defendant in a $20million Supreme Court contractual claim relating to restraints of trade concerning resource drilling operations in Ghana
- Acted for high-net-worth individuals in a Supreme Court claim against a financial advisor for inappropriate financial advice causing significant loss
- Acted for the plaintiff in multi-million dollar Supreme Court proceedings to recover promised compensation (shares) for services relating to the identification and acquisition of gold and gold/copper mining tenements in the Phillipines, wtih claims including breach of contract, negligence, and breach of joint venture fiduciary duties
- Acted for the plaintiffs in a proposed Supreme Court shareholder class action concerning misrepresentations made to shareholders of an ASX listed mining company relating to bauxite mining. The dispute settled for $5.25 million prior to proceedings commencing
- Acted for a private litigation funder in relation to setting up and enforcing a funding arangement for a multi-jurisdictional class action covering Australia, Hong Kong, and the Cayman Islands
- Advised clients in relation to potential class action claims regarding collateralised debt obligations
- Advised liquidators in relation to a potential shareholder class action against the auditors of a large ASX listed mining company
- Advised clients in relation to potential class actions, and the effects of settlement of such actions, regarding Timbercorp, Great Southern and Quintis
Employment Lawyers
Make an Enquiry
We act as employment lawyers for employers, employees and subcontractors in disputes about entitlements, workplace injuries, occupational health and safety, breach of confidential information and diversion of business opportunities by employees.
Our specific expertise includes:
- Advising in relation to compliance with Australian employment related laws, including entitlements
- Reviewing and advising in relation to enforceability and breach of employment agreements, executive service agreements, service contracts, consulting agreements and subcontracting agreements
- Advising in relation to enforceability of employment related restraints e.g. no-poach, non-compete clauses, etc.
- Advising in relation to employment related confidentiality obligations.
We also prepare and review employment and service related contracts. For more details click here.
If you are seeking advice with employment law or have any questions, get in touch with our employment lawyers in Perth.
Trade Practices & Australian Consumer Law
Make an Enquiry
Williams + Hughes has acted for various businesses and individuals in trade practices claims under the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (formerly, Trade Practices Act 1974), under the Sale of Goods Act 1895, and for misrepresentation at common law and in equity.
Our litigation team has advised clients, and brought and defended Federal Court and various State court action, relating to:
- Misleading and deceptive conduct in business purchases; particularly as to trading figures, trading competition, or future profitability
- Misrepresentations made in major acquisitions, such as the sale or acquisition of mining ventures, large-scale processing plants, and hotel developments
- Claims of unconscionable conduct and other unfair trading practices
- Disputes concerning manufacturers’ liability, fitness for purpose, and acceptable quality
Click to view
Our relevant experience includes:
- Acted for purchasers of Western Australian franchise rights in Federal Circuit Court proceedings for misleading and deceptive conduct relating to the current success and projected future profits from the franchise business
- Acted for a national property group in a successful Supreme Court appeal concerning quantification of damages for misleading and deceptive conduct
- Acted for a caravan retailer in disputes concerning fitness for purpose and un-merchantable quality, and the liability of the manufacturer
- Acted for national property group in Supreme Court proceedings alleging misleading and deceptive conduct in the sale of lots in a commercial estate development and the sale of retail shop units in a shopping centre
- Acted for the franchisee of a national sportswear franchise in Federal Court proceedings alleging misleading and deceptive conduct relating to the acquisition of the franchise
Williams + Hughes brings together experienced commercial and litigation lawyers from relevant fields including M&A, commercial property, IP, construction and commercial contracts to provide clients in the wine & viticulture industry with complete viticulture consultant services
Our viticulture consultant expertise includes advising on:
- Insurance claims
- Debt recovery in Australia and overseas
- Marketing and distribution agreements in Australia and overseas
- Contractual disputes
- Trade mark registration and protection
- Employment issues
Our recent viticulture consultant experience includes:
- Acting for the Fogarty Wine Group, WA's largest wine producer, on numerous acquisitions, including Evans & Tate brand purchase and transactions with McWilliams
- Advising a south west winery in a dispute with builder in relation to construction of winery in Harvey; and dispute with painter in relation to renovation works to facility in Harvey
- Advising on claim in relation to cooling failure in sub-contracted wine storage facility
- Advising on insurance claim in relation to smoke (fire) damage to wine
- Acting for a WA winery on debt recovery claims in relation to wine supplied in Australia and overseas
- Advising a local winemaker on and drafting of marketing and distribution agreements for wine and beer in Australia and overseas (including, China and USA)
- Advising a printing agency in relation to a contractual dispute over wine labelling with 3 Oceans Wine Company
- Acting for directors and creditors of a Brewery and Estate Winery & Vineyard in the South West of WA in relation to insolvency and restructure; defending against creditor claims, ongoing issues with liquor licence and tax disputes and lease dispute relating to café tenancy and supply of wine and beer
- Acting for the purchaser in the multi-million dollar acquisition of a high profile Western Australian wine label, based in the Margaret River wine region. This included drafting and negotiating share and property sale agreements, shareholder agreements, property leasing, corporate finance documents and providing general advice on the structure and documentation of the transaction
- Assisting the purchaser in an acquisition of a vineyard business, located in Margaret River. The $7 million business sale agreement incorporated both the purchase of assets and the vineyard property
- Advising a well-known Australian wine manufacturer on strategy for protecting wine labels internationally where a competitor had registered a similar trade mark in certain countries
If you are in need of viticulture consultant services or have any questions regarding legal operations, please contact us so we can assist.