Jason De Silva

Director: Business Advisory, Insolvency & Litigation
Jason De Silva

Increased Availability

We now offer consultations during and outside of normal office hours

Online Meetings

Video conferencing and teleconferencing available

Payment Solutions

Tailored fee-payment solutions. We acknowledge the current commercial reality.

Jason has over 21 years’ experience in Insolvency, Litigation and Commercial Law.

His excellent results for clients, coupled with a leadership style focusing on results, exceptional service, and teamwork, saw Jason make Partner at only 28 years old.

Jason heads up the Business Advisory, Insolvency and Litigation team at Murfett Legal.

He speaks in plain-English, and approaches legal matters in a strategic, creative, and business-oriented way.

Aware of commercial realities as well as legal intricacies, when advising and representing his clients Jason adopts a co-operative and collegiate relationship with his client’s accountants and other advisers.

Jason is an experienced legal and business adviser, negotiator, advocate (Court work), and legal document creator.



"Do The Simple Things"
"Director Penalty Notices - Commonly Asked Questions"
"The Magic of Trusts: Court Makes Funds Invisible to Creditors"
"Frying Pans And Fires - ATO Debt Collection, And Payment Arrangements"
"Cryptocurrency Scams And What To Do Next"
"A Temporary Vaccination for Commercial Tenants from COVID-19"
"Cash Flow Protection | Asset Protection - COVID-19"
"In Tough Times Adapt Your Approach to Legal Issues"
"Hunting The Phoenix: Proposed New Weaponry"
"The PPSR: Ready to Claim More Victims on its 7 Year Birthday"
"ATO Court Hearings: negotiating extra time / adjournments"
"Self Help is Unhelpful in Director/Shareholder Exits"
"Setting Aside Statutory Demands: Off-Setting Claims"
"Leadership: Sports Strategy in the Boardroom"
"6 Practical Tips for Effective Debt Collection"
"Cooper & Oxley – What Should Subcontractors do Now?"
"1 Year Bankruptcy: The Risk to Creditors"
"Deed Safe Storage"
"Without A Good Lease Your Hospitality Business Will Fail"
"My Restaurant Rules"
"Great Opportunities For Western Australian Producers But Distilleries Forgotten"
"Business Exit Disputes (AKA “Shareholder Disputes”) – A Litigation And Insolvency Lawyer’s Overview"


"Business Advisory & Insolvency Services Guide"
"Tax Debts, Arrangements and Disputes Services Guide"
"Sports & Entertainment Services Guide"


"The Best Legal Advice" - Tom Vorster, Managing Director, Industrial Turnkey Projects
"Excellent advice…. Jason’s knowledge and service was exceptional… he was worth every cent" - Martin Blakey
"Proactive in ensuring a positive outcome, and in a timely and efficient manner" - Matthew McTaminey
"No hesitation in recommending Jason and his team" - Mark Irving
"Recently I had a client who had a creditor dispute that was well over 6 months of discussions and they were still no closer to receiving payment. Enter Jason and Murfett Legal team - the outcome being that full payment was "negotiated" and repaid in full and my clients are absolutely delighted" - David Ham, Ledge Finance
"I have found their advice, both commercial and timely and would have no hesitation recommending their services" - Tony Monisse
"We would highly recommend Jason from Murfett Legal. He was professional, understanding and worked hard to get a good outcome for us. His support during a difficult time for us and our business was appreciated." - client name suppressed

areas of expertise

Acting for businesses or directors/individuals:

  • Advice
  • Settlements
  • Court action
  • Business turnaround
  • Asset and property protection
  • Director Duties
  • Business and asset/property restructuring
  • Debt restructuring
  • Debt collection and defence
  • ATO negotiations and litigation (tax) – Director Penalty Notices (DPN)
  • Defending / Adjourning winding-up applications
  • Complex litigation: strategy, negotiations, Court work and advocacy (all Courts)
  • Construction Litigation / Adjudication
  • Property Development
  • Mining services
  • Defending Unfair Preference Claims
  • Defending Insolvent Trading Claims
  • Alternative Dispute Resolution, Mediation, Arbitration, Negotiation
  • Personal Property and Securities Act (PPSA)
  • Business sales
  • Defending claims against directors and/or third parties by liquidators of insolvent companies
  • Partnership disputes
  • Shareholders claims, oppression proceedings
  • General insolvency advice
  • General Business advice
  • Achieving sustainable continuity of business
  • Deconstructing and legitimising DIY transactions
  • Negotiations with creditors
  • Securitisation including PPSA/PPSR
  • General Commercial Litigation
  • Debt assignments (sales)
  • Winding-up applications (liquidations) and creditors petitions (bankruptcy action)
  • Deceased estate / Wills disputes
  • Intellectual property disputes, trademark enforcement and defence
  • Contract reviews and disputes
  • Securitisation
  • Australian Financial Complaints Authority (AFCA) applications – previously Financial Ombudsman Service (FOS) applications
  • Prosecutions / offences

Acting for Shareholders / Partners / Unitholders:

  • Buy-outs
  • Exit Agreements and share sales
  • Disputes
  • Negotiations
  • Court actions, including Specific Performance, Winding-up applications (Just and Equitable Grounds), Shareholder Oppression
  • Valuation disputes

Acting for Insolvency Practitioners (corporate and personal insolvencies):

  • Advice – liquidators, voluntary administrators, DOCA administrators, receivers, Bankruptcy trustees, Part X trustees, Personal Insolvency Agreements
  • Court work and advocacy
  • Negotiation
  • Public Examinations
  • Voidable transaction proceedings (Insolvent Trading, Unfair Preference, Uncommercial Transactions, undervalue transactions, Unreasonable Director Related Transactions etc)
  • Bankruptcy matters (Undervalue Transactions, Transfers to Defeat Creditors, real property claims, 139ZQ notices)
  • DOCAs (including creditors trusts, security documents etc): strategy and preparation
  • PIA’s – strategy, negotiation and preparation
  • Adjournments of winding-up (to allow VA to continue)
  • Costs approval applications
  • Extension of convening periods
  • Directions applications
  • Debt Collection
  • Applications to terminate liquidation
  • Applications to convert liquidation to Voluntary Administration
  • Personal Insolvency Agreements (PIA)
  • Applications to set-aside PIAs
  • Arrest Warrants under the Corporations Act 2001
  • Phoenix activity advice, negotiation, and litigation

Commercial / Corporate client matters

  • General advisory
  • Contract reviews
  • Negotiations and strategy
  • Leases
  • Shareholder agreements
  • Director disputes
  • Business sales / acquisitions / mergers
  • Board advisory and strategy
  • Loans
  • Security – mortgages – caveats - PPSR

International client matters: 

  • Italy – foreign judgment registration, international distribution agreement litigation, debt collection, customs, trademark dispute strategy and advisory
  • Singapore - contract, Australian subsidiary, reconstruction, insolvency, voluntary administration and DOCA, alleged personal guarantee dispute and negotiations
  • New Zealand - Foreign judgment registration under Trans Tasman Proceedings Act 2010 (Cth) and enforcement and advisory / strategy
  • Cross border insolvencies

Creditor / Lender client matters: 

  • Debt collection
  • Negotiations
  • Litigation
  • Insolvencies - liquidations and bankruptcies and proofs of debt
  • Liquidator and Bankruptcy Trustee disputes and claims
  • Contract reviews and terms and conditions
  • Security - mortgages – caveats – PPSR
  • Security priority disputes
  • Advice and strategy

Debtor / Borrower client matters: 

  • Defences
  • Bank and lender disputes
  • Security disputes (mortgages / caveats / PPSR)
  • Irresponsible Lending
  • AFCA complaints
  • Personal guarantees
  • Negotiations
  • Court action (defence)

ATO related matters:

  • Advisory (including Director exposure to liability)
  • Director Penalty Notices (DPN)
  • General Interest Charge (GIC) remissions
  • Penalty remissions
  • Liquidations and Bankruptcies
  • Disputes and Court actions
  • Negotiations

Property client matters: 

  • Property Development
  • Contracts
  • Disputes and Court action
  • Security (mortgages / caveats / PPSR)
  • Priority disputes
  • Refinancing
  • Release

Other matters:

  • Debt collection
  • Commercial Litigation
  • Misleading or Deceptive Conduct
  • Contract disputes
  • Security disputes
  • Settlement Agreements
  • Trustee duties
  • Director Duties
  • Crypto disputes and scams


Bachelor of Laws, Murdoch University Western Australia (2000)

Admitted High Court of Australia

Admitted Supreme Court of Western Australia

Graduate Australian Institute of Company Directors (2014)

Managing Partner WA Legal Research Services (1999-2000)


Asian Australian Lawyers Association Inc (AALA)

Australian Institute of Company Directors – Graduate (GAICD)

Australian Restructuring Insolvency and Turnaround Association (ARITA)

Italian Chamber of Commerce and Industry in Australia (ICCI)

Restructuring & Insolvency Network Western Australia (RINWA)

Turnaround Management Association (TMA)