At the start of the year we launched our YouTube channel – The Legal Brief, with a focus on videos about Covid-19 related issues which were the immediate pressing concern at the time. Look out for new videos in 2021.

We welcomed a complete overhaul of our website thanks to our friends at Helium Marketing who designed a more updated look and integrated the new online Wills platform. Visit the new look website at: https://www.bailiwicklegal.com.au/

If you are in the Wheatbelt, Katanning, Merredin, Narrogin and Northam, listen out for Phil's Christmas wishes shout out to all of our rural clients and friends on Triple M Radio. This greeting will be the start of a bigger campaign launching with Rural Focus in 2021, so stay tuned for more! https://www.triplem.com.au/shows/rural-focus

Covid-19 restrictions saw Phil embrace the platform of Zoom and conduct his first Webinar educating clients and answering questions relating to Covid-19 impacts on employment provisions, Jobkeeper, and tourism operators' terms and conditions. 

We had a short working from home period but it was all hands on deck pretty quickly when restrictions eased, and we got to work getting articles, information and webinars out to those that needed support.

Despite the uncertainty and challenges resulting from Covid-19 we continued to persist with work on our matters, and managed some big wins for our clients this year. Here are some of the highlights.

Long deserved victory

An employment dispute was finally concluded, with our client securing long service leave entitlements and recouping a substantial sum in legal costs. Argued over 4 years and across 3 different jurisdictions including the Supreme Court and an appeal to the Full Bench of the WA Industrial Commission, the case focused on employment entitlements, implied terms and the soliciting of clients. This case highlighted the value of having written contracts of employment including restraint terms. Our client’s integrity was seriously attacked in these proceedings, an issue that spurred our commitment to achieve the best outcome possible for the client.

Shut the gate!

This year also saw a long-standing case involving an easement dispute finally come to an end, with our client successfully defending both a Supreme Court action and a Court of Appeal action commenced against it. In January 2017, Supreme Court proceedings were commenced against our client by a neighbouring land owner to allow her to utilise an easement going through our client’s land to travel beyond her land to other parts of her farm. In March 2019, the Supreme Court held this to be a misuse of the easement and a trespass to our client’s land. The neighbour appealed this decision to the Court of Appeal in May 2019. In December 2019, the Court of Appeal handed down a unanimous decision again in favour of our client, determining the use of the easement by the neighbour to access other parts of her farm was beyond the scope of the easement and a trespass to our client's land. We won conclusively and again recouped significant legal costs on behalf of our client.

Home among the farm land

We ended 2020 with a mediated settlement of a complex dispute which found its way to the Supreme Court. Our clients were parties to a land development joint venture, which had faltered in 2013 under the strain of debt. The dispute involved the financier, claiming a debt in excess of $6M as mortgagee in possession, the joint venture manager and the other joint venture party. It was a successful outcome for our clients particularly, as they secured a release of all adverse securities off their farm land. 

Directed to leave

Another substantial win, which was also reported in the West Australian Newspaper, was a dispute between company directors with one director taking unilateral action to remove the other as a director and to strip him of his shareholding in the company. At the centre of the case was control over a patent developed by our client. Our client had a landslide win with costs awarded in his favour after over 18 months of arguing in the Supreme Court. Our client was reappointed as a director and his shares reinstated.

Doyle's Guide recognition

We are also proud to be recognised once again in the Doyle’s Guide 2020 listing as a leading WA Agribusiness Law Firm practising in both commercial agribusiness matters in the WA legal market, with Philip also listed as a leading Agribusiness lawyer.

We participated in the WA Farmers Road Shows back in October, which gave us the opportunity to get out and about around the State catching up with clients and friends from Esperance, Albany, through to Merriden and Jennacubbine. The key message highlighted during the roadshows was the potential impact to all those in Agribusiness resulting from the passing of the WA Industrial Manslaughter Bill.

This is a significant law and if you are an employer, and have not reviewed your OH&S policies and procedures since the passing of the Bill, make that a key priority for 2021. Phil's webinar on the topic is still available if you missed the live broadcast in October this year.

Bailiwick Legal were also delighted to be able to support the Get Scrubbed initiative, helping them with their incorporation. Jess is proud to be a Board member of Get Scrubbed, as well as on the Women in Hospitality & Tourism team, to help them both continue with their community work.

Another positive project was our sponsorship of the 2020 AgriEducate essay competition inviting University students from across Australia to challenge the question of global food security and to ask themselves how their discipline could contribute to solutions. Big congratulations to Courtney Nelson from ANU, Jack Redman of UNE, and first place winner Jemima Morgan of University of Sydney for their fabulous entries.