Sam Hemachandra – Areas of Practice

Sam’s previous experience includes:

Advocacy/Litigation

  • Sam is a seasoned advocate having experience regularly attending Tribunals and Court since 2000 (with leave prior to admission in 2004).
  • Sam has appeared in:
    • Western Australia:
      • State Administrative Tribunal
      • Magistrates, District and
        Supreme Court
    • New South Wales
      • Civil and Administration Tribunal
      • Local, District and Supreme Court
    • Federal
      • Administrative Appeals Tribunal
      • Federal Circuit and Federal Court

Litigation – Areas of Law

  • Banking and finance litigation
  • Estate litigation/Inheritance Disputes
  • Commercial litigation
  • Building and construction litigation
  • Insurance litigation
  • Corporations law litigation
  • Partnership disputes
  • Professional negligence
  • Secured and Unsecured Debt recovery
  • Merits Review – Administrative Appeals Tribunal
  • Judicial Review applications to the Federal Circuit Court
  • Appeals to the Supreme Court (Court of Appeal), Federal Court and High Court

Administrative Law

  • Migration merits review
  • Social Security/Centrelink matters
  • Federal Circuit Court judicial review
  • Federal Court Appeals

Banking / Finance / Credit

  • Preparing loan and security documents and attending to settlement of same;
  • Preparing discharges and attending to settlement of same;
  • Providing advice on loan agreements, mortgages and guarantees
  • Acting for lenders in loan and mortgage enforcement
  • Acting for lenders in debt recovery and non-monetary defaults
  • Acting for borrowers against banks and brokers

Bankruptcy and Insolvency

  • Acting for creditors in bankruptcy and winding up proceedings
  • Acting for respondents and defendants in bankruptcy and winding up proceedings, respectively
  • Acting for trustees in bankruptcy and insolvency practitioners in providing advice and representation in Court with respect to preferential payments, insolvent trading, sale of bankrupt’s assets and obtaining orders for sale of property and trustee’s/ liquidator’s remuneration

Building and Engineering Disputes

  • Acting for builders, subcontractors and owners of properties with respect to building disputes
  • Acting for neighbours with respect to dividing fence and retaining wall disputes

Commercial Law

  • Preparing leases, assignment of leases, variations and car park licences
  • Preparing loan agreements, mortgages and guarantees
  • Partnership agreement
  • Directors’ resolutions and shareholders’ resolutions
  • Drafting various contracts and agreements between parties and variations

Consumer Law

  • Acting in relation to:
    • Misleading and deceptive conduct matters
    • unconscionable conduct matters
    • product not fit for purpose matters

Conveyancing

  • Acting for purchasers, sellers and mortgagees in property transactions
  • Acting for purchasers in purchase of business
  • Survivorship applications

Corporate

  • Providing advice in relation to breach of director’s duties
  • Providing liquidators advice with respect to insolvent trading matters
  • Pursuing director with respect to insolvent trading

Costs

  • Attending to costs
  • assessments:

    • where clients have disputed invoices
    • in Court proceedings where costs are assessed as parties are unable to agree to same
    • in circumstances where firms have failed to comply with cost disclosure obligations and cost assessment is required prior to enforcement (NSW)
  • Providing advice with respect to costs obligations in WA and NSW

Criminal Law

  • Provided advice and acting for clients with respect to a range of criminal matters including but not limited to:
    • burglary
    • arson
    • assault
    • traffic offences and extra ordinary driver’s licences
    • sexual offences
    • fraud
    • identity theft
  • Attending to pleas in mitigation;
  • Attending to providing advice with respect to parole and immigration consequences
  • Providing advice to clients with respect to cancellation of visa on character grounds (i.e. criminal offences)

Debt Collection

  • Acting for individuals, small and large corporations with respect to secured and unsecured debt collection
  • Acting for debtors in defending proceedings
  • Negotiating payment arrangements and settlements with respect to debts

Family Law / De facto Relationship Law

  • Property settlements
  • Binding Financial Agreements
  • Children’s matters
  • Parent alienation matters

Immigration

  • Applications for visa – parent, spouse, student, skilled migration, 457, regional sponsored migration and various other types of visa applications including providing advice
  • Providing advice to clients with respect to cancellation of visa
  • Merits review and judicial review

Probate / Wills

  • Preparing wills and powers of attorney
  • Acting for executor in applying for probate
  • Acting for administrator in applying for letters of administration
  • Family Provision Claims – providing advice on eligibility to contest a wills and making applications for letters of administration for orders alternative to that administering the estate pursuant to law

Professional Negligence

  • Acting for plaintiff with respect to professional negligence matters relating to solicitors, migration agents, accountants, finance brokers and financial advisors
  • Providing advice to, negotiating for and acting for insurers with respect to defending professional negligence

Women’s Issues

  • Family violence migration applications
  • Violent Restraining Orders and Restraining Orders