Rob Lilley in Subiaco, Western Australia | Lawyer & law firm

Rob Lilley

Locality: Subiaco, Western Australia

Phone: +61 8 9380 9288

Address: 510A Hay Street, Subiaco 6008 Subiaco, WA, Australia

Website: http://www.dclawyers.com.au

Likes: 38

Add/Update information

Reviews

Tags

• Lawyer & law firm

25.01.2022 Great to see the Resolution Institute getting the word out! Given the costs consequences of litigation (both for your own costs, and the other sides costs if you lose), I think that lawyers owe it to their clients to, at the very least, raise the possibility of private #mediation with their clients before filing anything (other than urgent applications) in Court. It is true that most court actions end up in mediation eventually, but by then significant costs have been incurred in drafting pleadings and, in many cases, exchanging documents, so that when the matter eventually gets to mediation, the parties costs can actually be an impediment to settlement.

24.01.2022 Here are my thoughts on the #disputeresolution processes in the Commercial Tenancies (COVID-19 Response) Act 2020, which became law in Western Australia yesterday. It seems the much-anticipated Code of Conduct is still three weeks or so away. Hope its of value.... #covid19 #commercialleasing #property #codeofconduct #leases #smallbusiness

24.01.2022 Whats in a name? The purist in me wants to argue that facilitative mediation is the only "true" form of mediation; nevertheless, this is a handy introduction to the various kinds of mediation that are available

24.01.2022 The post itself is almost 3 years old but it remains relevant today...

23.01.2022 The first tip should always be, Get it in writing! But, assuming that box is ticked, this listicle is pretty spot on...

23.01.2022 A company is a separate legal entity to its directors and shareholders. However, in some circumstances, a director can be held liable for the companys debts. h...ttps://www.dclawyers.com.au//directors-liable-company-de/ #debt #insolvency #companylaw #directors #directorsduties #guarantee #indemnity #phoenix

23.01.2022 On my way to Mandurah to meet a new client... playlist sorted

23.01.2022 Emotional intelligence (or EQ) is an important skill for anyone professionally involved in #disputeresolution. I compare #EQ to the metaphor of "going to the balcony" from Fisher & Urys book "Getting to Yes". Essentially, going to the balcony means taking a step back from the heat of the situation and objectively assessing it from as many angles as you can so you can refocus on the issues and move forward.

20.01.2022 And now, for your reading pleasure... Douglas Cheveralls Lawyers Newsletter - June 2020

20.01.2022 Destroy your enemies with #mediation! www.toughtalks.com.au

18.01.2022 Weve had a couple of inquiries about this issue recently. Just because your worker has an ABN and gives you invoices, doesnt necessarily mean they are not an employee... #employmentlaw #employeerights #sham #contracting https://www.dclawyers.com.au//sham-contracting-independen/

17.01.2022 An article written by our Eduard Ferreira about how not to enforce a pre-emptive rights clause in a #company #constitution #dclawyers https://www.dclawyers.com.au//pre-emptive-rights-sharehol/

17.01.2022 Bad. You cant put a time limit on mediation. To draw an analogy from the construction industry, setting concrete takes longer at low temperatures. Likewise, building a solid consensus between parties to a dispute (where the relationship might be described as frosty) takes time and cannot be rushed, without a serious risk of later cracking.

17.01.2022 Gah! Absolutely gutted that my new shoes set off the Court metal detectors. A perfect chance to show off my new socks, though... #silverlinings #justwandme

16.01.2022 Unfortunately, we seem to be receiving a lot of inquiries about Power of Attorney abuse. Dont be a victim https://www.dclawyers.com.au/2019//18/power-attorney-abuse/

14.01.2022 #febfast update: three weeks down and one to go. Surprisingly, last weekend was harder than the first two. Thanks to some generous donations, Ive hit 57% of my $500 fundraising goal but Id really love to go all the way! All donations go to help disadvantaged Australian youth. https://www.febfast.org.au/fundraisers/roblilley/febfast

12.01.2022 Is Mediation Justice? This is a deceptively profound question. On the one hand, purists may say that mediation stunts the development of the common law, or indeed the rule of law because mediation is conducted behind closed doors and is not public (which others might say is one of its many benefits). On the other side, I think that to a certain extent, justice is a subjective concept. Each party, quite naturally, comes to a dispute with their own impression of what is "right"... or "just" in the circumstances. Allowing and encouraging parties to find their own solutions to legal problems, according to their individual sense of what is right, is arguably one of the most important forms of justice, especially given the crippling cost of modern litigation. #mediation #justice #adr #conflictresolution https://buff.ly/2EJSrsl

12.01.2022 A little known fact about #mediation is that it is less about persuasion than it is about understanding. Find out more here: https://buff.ly/3nszzCa #conflictresolution #disputeresolution

12.01.2022 The first of a series about common #business #structures. Hope you find it useful! #dclawyers http://www.dclawyers.com.au//business-structures-101-comp/

10.01.2022 "Loose lips sink ships" as the saying goes. Employers should take steps to prevent their confidential information (client contacts etc.) and trade secrets from falling into a competitors hands when an employee departs...

10.01.2022 Vanilla Ice was a mediator? "Alright, stop. Collaborate and listen." The opening lines from the 1990 smash hit "Ice Ice Baby" perfectly (for me anyway) sums up the mediation process. Stop.... Conflict tends to self-perpetuate. If you really want to resolve conflict, then stop. Take a breath. Get some perspective. Hit pause on your anger and disappointment and try looking at things from the other persons point of view. Collaborate. Conflict resolution involves working together with the other person to figure out a workable solution. More often than not, left on their own, disputants will resort to blaming the other and no progress is made. This is where a trained mediator can help by keeping the focus on the future, rather than getting trapped in the past. And (most importantly) listen. When we are in conflict, we tend to feel that we need to respond or have an answer for everything the other person says. As an alternative, try the 3 As of active listening. Link here: https://courses.lumenlearning.com//chapter-4-three-as-of-/ Finally, if Vanilla Ice really was a mediator, he already has the perfect slogan: "If you have a problem, yo, Ill solve it" (P.S. Im totally not ashamed that I still know all the lyrics and might still be known to rap a few bars with the appropriate encouragement...) #mediation #conflictresolution #adr

09.01.2022 I was chuffed to get this feedback from a co-mediation session yesterday... #mediation #disputeresolution

09.01.2022 No. 1 - Listen to learn (and not just to respond). In my practice, I notice that a breakdown in effective communication between the parties is often the main reason for legal disputes erupting. One of the main focuses of #mediation is ensuring both sides point of view is heard

08.01.2022 Having grown up in NZ, I never really learned anything about Australias indigenous people in school. One of my biggest regrets in life is not learning Mori in high school when I had the chance. So, for #reconciliationweek this year, Ive decided to educate myself and enrol in an online course of #Noongar language and culture. Thanks to Curtin University and edX for making this course available. Wish me luck!

08.01.2022 One for the influencers and the crypto-miners out there...

08.01.2022 I was grateful to receive this letter in yesterday's mail. It is a privilege to be in a position to play some small part in restoring the livelihood of victims of financial #elderabuse Douglas Cheveralls Lawyers

07.01.2022 World Health Organization (WHO) estimates that 1 in 6 elderly people globally are subjected to some form of #elderabuse. We need more robust protections in place to prevent this growing problem, especially given the close relationships between victims and perpetrators (often parent and child or carer) and the potential issues of capacity associated with advanced age, which can be a roadblock to reporting the abuse in the first place but also, if it comes to it, giving evidenc...e in court. One possibility to overcome the evidentiary hurdle could be a statutory presumption to reverse the onus of proof in certain cases - perhaps where an elderly person gifts property or a sum of money over a threshold value, and that "gift" is subsequently challenged, then the law could require that the beneficiary of the gift prove that the gift was not the subject of undue influence. Rebutting the presumption could be as simple as demonstrating that the elderly person received independent legal or financial advice before making the gift - much like a mortgage guarantee advice certificate... Thoughts?

07.01.2022 To our valued clients, friends, and colleagues The coronavirus crisis continues to develop and impact our economy and social lives in significant and far-reachi...ng ways. With calls for state-wide lockdowns and the forced closure of certain non-essential services, we understand that many people will be put under considerable financial and emotional strain. The directors and team at Douglas Cheveralls Lawyers would like to take this opportunity to reassure you that we are open for business and will remain open and ready to assist clients (existing and new) through the difficult times ahead in any way we can. Our team is capable of working entirely remotely if the need arises so we expect to be able to continue to serve our clients with minimal disruption in the weeks and months ahead. Some of the ways we might be able to help you in the current crisis include: Negotiating with your debtors or creditors about the payment of trade debts Assisting employers to understand their rights and obligations under the various workplace laws (State and Federal) Advising on contractual rights and entitlements for those affected by mandatory shutdowns or self-isolation Negotiating with (or on behalf of) landlords in relation to rent and other issues arising under commercial leases, including retail shops leases Preparing wills, advanced health directives, and enduring powers of attorney/guardianship #openforbusiness #dclawyers

06.01.2022 A useful introduction to the #mediation process.

06.01.2022 The secret to productivity when #workingfromhome!

06.01.2022 #febfast is officially over and Im pleased to report that I made it to my goal of $500 raised. Thanks to all who donated. Time for beer! https://www.febfast.org.au/fundraisers/roblilley/febfast

06.01.2022 Today, the Court of Appeal criticised the Western Australian house style. No, thats not a reference to a style of electronic dance music prolific in the West; but rather to the practice of filing a schedule of objections to evidence and then leaving it to the Court to sift through later, rather than dealing with it at the hearing. The Court (Quinlan CJ, Murphy JA, and Sofronoff AJA who is on exchange from the Queensland COA) had this to say [74]: "It is the responsibility ...of the parties (in the first instance) to ensure that only admissible evidence is placed before the Court. If evidence is sought to be led that is inadmissible, and another party wishes to object to it, then the objection should be taken when the evidence tendered (or in the case of an affidavit, read) and a ruling sought. If this is not done, the evidence is, generally speaking, subject to weight, properly before the court." See more

05.01.2022 Why I love mediation... Last week I co-mediated a dispute between neighbours. When the parties arrived, they could barely look at each other, much less talk to each other constructively.... Within two hours, however, they were talking freely and jointly problem-solving. They walked out with a signed agreement and a much better relationship than when they walked in. #mediation #disputeresolution

05.01.2022 Grateful to have been invited to MC at todays ANZAC Day commemoration at the the Harold Hawthorne Community Centre #lestweforget

05.01.2022 Great to see the indigenous artwork still on display in the Supreme Court foyer this morning for last weeks #naidocweek

05.01.2022 The Western Australian Code of Conduct for negotiation of rent relief for small businesses affected by #covid19 became law last week. Here are my initial thoughts. Hope its of value. #commercialleasing #property #codeofconduct #leases #smallbusiness #rentrelief

05.01.2022 Mediate early, mediate often! I am particularly fascinated by the potential for mediators to act as facilitators for business negotiations in the first instance and shifting the focus from dispute resolution, to dispute prevention instead.

04.01.2022 "[Clients] actually prefer the hourly rate because they feel more in control..." I thought this article was satire at first; tragically, not. Lawyers Weekly... https://bit.ly/2USOx75

03.01.2022 Thanks to The Law Society of Western Australia for having me along to co-present at this seminar (and for having my slides on hand to share when my computer said no!) Douglas Cheveralls Lawyers #elderabuse

03.01.2022 GoFundMe pulled the page because they say it breached their terms of service. You know, that little button when you set up the page that said something like "Click here to agree to our Terms and Conditions". Im guessing that Israel Folau or whoever set up the page didnt read the T&Cs. Every year rugby players, coaches, match officials, and administrators have to register with Rugby Australia. You cant be involved in rugby in Australia if youre not registered. When a perso...n registers as a participant, they have to agree to be bound by the Rugby Australia Code of Conduct. The Code of Conduct sets out the (relevant) expectations of players in this way: 1.3 - Treat everyone equally, fairly and with dignity regardless of ... sexual orientation... Any form of bullying, harassment, or discrimination has no place in Rugby. ... 1.6 - Do not ... make any public comment that would likely be detrimental to the best interests, image and welfare of the Game, a team, ... or Union. 1.7 - Use Social Media appropriately ... do not use Social Media as a means to breach any of the expectations and requirements of you as a player contained in this Code... Unfortunately, I suspect that the Code also went unread. This is not a #freedomofspeech issue, or even a #freedomofreligion issue, despite how it is being played out in the media. This is a fairly straightforward breach of contract case: either Rugby Australia were justified in terminating Folaus contract based on his conduct, or they were not.