Tully is a specialist commercial litigator with more than 20 years’ experience. He practices almost exclusively in the Supreme and Federal Courts and has been involved, both as counsel and as instructing solicitor, in many trials and interlocutory hearings, including applications for interlocutory injunctions.

Tully is an experienced commercial negotiator and has had great success in resolving disputes for his clients through mediation without the expense and delay of a trial. In the modern commercial litigation practice the ability to negotiate effectively, either at formal mediations or meetings generally, is an essential skill.  Tully believes that you should never lose sight of the end result, the key is to identify the client’s goal, then move to achieve that goal in a commercial and efficient way, but also in a way that is proportionate to the nature of the dispute.

While Tully has a broad range of experience, he has made a particular speciality of disputes involving the breakdown of the relationship between the co-owners of businesses. Whatever the structure – partnership, company or unit trust – he is able to guide his clients through these difficult situations, which generally involve divergent views as to relative contributions and expectations.

Tully is a member of the Law Society of Western Australia and a member of the Australian Institute of Company Directors. Tully is a Director of Williams + Hughes.

Recent litigation matters Tully has conducted in Court include:

• Supreme Court proceedings relating to the proper construction of a pig supply contract. The proceedings included an interlocutory injunction application that was resolved on the basis of an expedited trial and other contested interlocutory hearings: GD Pork Pty Ltd v Derby Industries Pty Ltd [2018] WASC 223.
• Obtained summary judgment in the Supreme Court against an insurer in relation to payments under performance bonds issued to a principal under a construction contract: Swanhill Enterprises Pty Ltd v QBE Insurance (Australia) Ltd [2017] WASC 279.
• Supreme Court proceedings in relation to claims of proprietary estoppel and constructive trust by an adult daughter against her mother and siblings: Lafferty v Waterton [2017] WASC 302.
• Proceedings in the Court of Appeal involving the proper construction of the provisions of the Civil Liability Act 2002 (WA) relating to proportionate liability and the joinder of additional defendants: Hart v JGC Accounting & Financial Services Pty Ltd(2015) 47 WAR 582; [2015] WASCA 22.
• Proceedings in the Supreme Court for a freezing order against an employee acting in breach of fiduciary duty: Red Chamber Co v Red Chamber Foods Australia Pty ltd [2015] WASC 198.
• Proceedings in the District Court for enforcement of an adjudication under the Construction Contracts Act 2004 (WA): Witham v Raminea Pty Ltd [2012] WADC 1.
• Proceedings in the Supreme Court in relation to the proper construction of a will and the operation of the Trustees Act 1962 (WA): Synod of the Anglican Catholic Church in Australia v Tee (2012) 7 ASCLR 365; [2012] WASC 46.
• Proceedings in the Supreme Court to set aside a statutory demand issued by an  equipment manufacturer against a goldmine operator: Apex Gold Ltd v Atlas Copco Australia Pty Ltd [2011] WASC 49.
• Proceedings in the High Court of Australia involving the overlap between protection of intellectual property under the Copyright Act 1968 (Cth) and the Designs Act 1906 (Cth) and works of artistic craftsmanship: Burge v Swarbrick (2007) 232 CLR 336; [2007] HCA 17.