Criminal Law is an ever evolving and technical area of the Law. It requires diligence, understanding of legal process and strong legal systems to enable the efficient resolution of a clients matter. We have achieved proven results for our clients in a range of subject matters through our structured and studied procedural techniques.

Criminal Laws are complex often leaving the accused confused and with limited options. Our view is that our clients require guidance by providing all legal options available to them at the beginning. We understand that clients can feel offended and generally frustrated with a criminal investigation however we remove the emotion by ensuring our clients focus on exploring the best path towards the quick and just resolution of their matter without compromise.

Compromise to expected legal processes or the clients’ reputation are key considerations. It truly is a road map, the path you take may seem like the only route available and without technical legal guidance, you can get lost. Co-operation is important and we always communicate with the relevant police officers, detectives, crown solicitors/prosecutors (as applicable), to establish their position and the best path to legal resolution.

Communication is important as it allows us to understand what the police evidence/ position is and whether the matter is able to be resolved without further progression. Technical understanding of the laws and persistence in realising positive results is the key to our success.

We provide legal services and representation for all Family Law matters.  The preservation of relationships (as applicable), financial and psychological protection for both Adults and Children is at the forefront of our considerations. For relationships that cannot be preserved due to various factors, a level of respect and amicability is what we consider and incorporate in our resolution plan due to long-term concerns, especially in cases involving co-parenting or shared visitation of pets.

We offer technical legal advice in relation to preliminary Family Law disputes and extend our assistance to legal representation for the commencement or response to filed legal proceedings. Family Law matters are handled differently at Walter Marshall Lawyers. We seek to remedy disputes in a quick and efficent manner by eliminating tensions from escalating and impacting on our ability to settle the family dispute via consentual means. There are two primary means of settling family disputes: 1) Consent orders; or 2) Interim/Final orders via court application. Both of these processes invovles making an application to court with the primary difference being that consent orders are more efficient and less expensive.

All family compositions are different, therefore we understand the intricacies and unique dynamics which surround each relationship/ family unit.  Our open channels of communication, respect and understanding support our approach towards the effective and efficent resolution of Family Law matters.

Clients experiencing the breakdown of a relationship are overwhelmed with emotion. We eliminate the negative tensions in your dispute and prioritise on bringing forward legal strategies that will assist our clients both short term and long term. Removing the emotion is achieved by connecting our clients to the right support services so that our clients feel supported and encouraged towards bringing their legal matter to finalisation. Family Law matters are premised on the notion of failure, resistance and negative communication. Our response is holistic. We focus on utilising effective legal processes by individualising our response to our clients requirements so that all parties are able to move forward in their professional and personal endeavours.

Litigation involving questions of impropriety, false/misleading information, Building, Development and Environmental Law considerations. We act on behalf of clients with various legal problems to ensure that economic loss is deferred, and focus can be re-directed towards project completion. In addition, we provide assistance in the resolution of disputes involving Property Law by channelling positive communication between solicitors/parties, Council and respective government agencies. Some matters have the potential of settling without progressing to the ligation stage however parties are often misinformed of the dire consequences of costs orders. We explore all available options towards dispute resolution to ensure that our clients are well informed. Limiting financial impacts is crucial.

We also offer conveyancing services which involves the preparation of sales documents and revieiw of peculiar legal terms to better protect the rights of our clients. We act on behalf of Vendors and Purchasers of residential and commercial transactions involving multi-million-dollar deals or the purchase of investments/primary residential occupations. We adopt a thorough approach on the interpretation of contracts and contract drafting to reflect the changes in common law perspectives on essential terms of sale of land contracts and other respective sales/purchase agreements. Vendors are often limited in their options if undesirable cirmcustances arise. We aim to ensure that Vendors rights are protected by carefully drafting terms that have been legally upheld by courts. Similarily, Purchasers are often misinformed about contract terms leaving them with signficnant risks. Contracts are ambiguous and involve a number of considerations. Our analogy is that a contract is a puzzle, a missing piece will almost always cause anxiety towards the end of the puzzle. It may not necessarily be automatic cause for concern especially where there are competing priorities. In our view, the priority should always be accessing the right legal advice that is technical, analytical and will best protect your interests.

We act for individuals and corporate entities in relation to investigations by the Australian Securities and Investments Commision, Australian Prudential Regulatory Authority, Australian Crime commission and Australian Taxation Office. We provide assistance by co-operating with the relevant processes in relation to allegations of misconduct, breaches or general wrongdoing. Our objectives are to provide you with the knowledge and guidance of what the laws are, how they apply to the legal issues and the best pathway towards finalisation. We navigate the legal complexities to ensure that all matters are resolved aptly. The literature of legal compliance provides exclusive focus on permissability of conduct, process and expected outcome. It provisions for instances of non-compliance to be addressed, in accordance with the legal mandates.  Our clients are provided with key legal options to best support and protect their rights by ensuring that opportunity is provided for legal rights to be protected and upheld accordingly. In principle, it is recommended that all legal issues pertaining to investigations, enquiries and formal processes are risk managed at first instance, to better protect our clients’ rights.

We extend our expertise to corporations by devising legal solutions and promoting the implementation of  risk strategies to reduce legal operational risks, improve organisational governance and compliance in a range of areas. We consult with corporations to provide guidelines on how to improve risk management and compliance systems. Legal compliance is multi-disciplinary thus requiring complex analysis of key issues producing operational risks. Solutions that mitigate and minimise risk, support commercial interests, promote regulatory compliance and transform risk factors, are at the forefront of our considerations.

The presence and delivery of technology has evolved. It has sequentially created a modern platform of design and innovation whilst generating opportunities that were previosuly unavailable. This evolution has facilitated technology based opportunities by establishing precedence in the access, servicability, use and delivery of technology-led solutions.  The natural evolvement of technology has created operational risks that have posed additional layers of considerations, planning and regulatory compliance. Absent legal planning and risk management in technology based transactions, corporations are at risk of legal non- compliance. We assist our clients by designing individualised stratergies that address technology based compliance deficencies. Depending on the stage of the project, or issue in question, the stratergies that we use difer accordingly. The objective is to minimise/address risk, by implementing stratergies and solutions to comply with the respective laws governing each project or transaction.

The advancements of technology and its’ offerings to enterprises, requires meticulous analysis and planning . One of the most leading concepts of modern society, is innovation, therefore we understand the technicalities in question. Technology based legislation has recorded mandates pertinent to compliance and overall terms of use in the delivery, engagement, management and development of technology.  Transactions previously conducted in manual formats, have transitioned to an effective cloud platform with highly visible benefits. However, the primary object is to mitigate risks affecting the intended function of each delivered benefit. The transition from manual formats, has created mutual function between Law and technology by provisioning for process-led design, thinking and delivery of services, within the confides of the law and expected global and domestic standards.

From project planning and risk management to emerging technologies, cyber secuirty, data, privacy and cloud based projects, we provide refined legal support to our clients, ranging from domestic tech startups to global established companies. Our approach is structured and refined to correspond with intricate proposals, obstructs and systems, by advancing a range of legal processes to identify, manage and mitigate the challenges experienced by the technology sector.

The role of a Mediator is to participate in the resolution of legal issues from an independent and impartial perspective. The purpose of Mediation is to facilitate the discussion of issues in a confidential forum in the presence of a Mediator with the option for Legal representatives to be present.

The Mediator seeks to facilitate the discussion of issues by advancing a range of techniques to ensure that parties are provided the best pathway to resolution. Fostering a supportive and all-inclusive environment, Mediation’s reduce legal costs and preserve the emotional expense of remediating legal issues through litigation. We Mediate a range of disputes including but not limited to Franchise disputes, commercial transactions, mergers and acquisitions, workplace disputes, real estate transactions, civil liability claims and defamation suits. Over the years we have participated in a range of matters and have identified a common problem, ‘break-downs of communication or a lack of communication’. The objective of mediations is to restore eqality by providing all parties equal opportunity to share and contribute to the discussion of essential issues. The Mediator establishes strong communication channels and removes the heirarchial inequalties which most disputes, by default, impose on the parties. These are what we refer to as the primary impediments to positive communication in resolving disputes.

The nature of wrongful accusations often disguises the primary objective and that is that a party issues statements or engages in conduct likely to cause monetary and/or non-monetary damage. The behaviour may not only be morally questionable but may also constitute conduct likely to impinge on the reputation of the affected party. As a preliminary step, Lawyers are tasked with determining whether imputations conveyed are defamatory, pursuant to statute and common law. The law is not designed to remediate the wrong by ordering the defendant to remove/ rectify a false defamatory statement. Rather, the ability for any remediation to be offered to the plaintiff largely depends on the outcome of the court case. For matters that proceed to court and reach finalisation via court orders, the available remedy is an award of monetary damages. A reward for non-economic loss may also be granted however there are limitations which apply and the maximum payout available under statute is only provided in more serious cases. Indeed, one could perceive matters reaching finalisation in court, with rights to publication of outcome of matter, to indirectly offer an additional form of repudiation being that the public are informed of the wrong committed. The successful plaintiff would be encouraged to restore their public profile based on the disclosed court outcome. Nevertheless, Mediation, as a form of dispute resolution, is recommended in appropriate contexts as it facilitates the just, quick, and cheap resolution of disputes.  Without any generalisations, parties to a defamation suit are encouraged to settle their dispute out-side of court due to expensive litigation and a court matter likely to take years.

As provided for in the Defamation Act 2005 (NSW), defamatory publication of any kid is actionable without proof of special damage provided that the serious harm element of cause of action for defamation can be proved.  An offer to make amends is a process provided for under statute and highly recommended in any given dispute. One of the important considerations that ought to be provided, to any prospective defamation suit, is whether the publication is a defamatory imputation. Our litigation team are able to provide technical legal advice and guidance in relation to defamation matters.