Jason De Silva

Director: Business Advisory, Insolvency & Litigation
Jason De Silva

Background:

•    Managing Partner of a Legal Research Business at age 20 (during university).
•    Commenced legal career aged 21. 
•    Partner at Murfett Legal at age 28.

Jason's forte is Dispute Resolution and Insolvency/Business Turnaround, assisting potentially insolvent clients to save their business and protect their assets.

Jason takes a strategic, creative and results-focussed approach to his clients' issues. 

Articles

"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"
"Business Exit Disputes (AKA “Shareholder Disputes”) – A Litigation And Insolvency Lawyer’s Overview"
"Beware the ATO payment plan: lest personal liability arises (s588FGA)"
"Our Approach to Debt Collection"
"Indicators of Insolvency"
"Insolvency Aspects of Asset Protection"
"Claims Against Directors During a Liquidation"



Brochures

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

Testimonials

"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:

  • Business turnaround
  • Asset and property protection
  • Business and asset/property restructuring
  • ATO negotiations and litigation (tax)
  • Defending / Adjourning winding-up applications
  • Complex litigation: strategy, negotiations, Court work and advocacy (all Courts)
  • Construction Litigation / Adjudication
  • 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/individuals of insolvent companies
  • Partnership disputes
  • Shareholders claims
  • General insolvency advice
  • Assisting
  • General Business advice
  • Achieving sustainable continuity of business
  • Deconstructing and legitimising DIY transactions
  • Negotiations with creditors
  • Securitisation including PPSA/PPSR
  • General Commercial Litigation
  • Debt collection and debt assignments (sales)
  • Winding-up applications and creditors petitions (bankruptcy action)
  • Deceased estate / Wills disputes
  • Intellectual property disputes
  • Contract reviews and disputes
  • Securitisation
  • Financial Ombudsman Service (FOS) applications
  • Prosecutions / offences

Acting for Insolvency Practitioners (Corporate and Personal insolvencies):

  • Advice
  • Court work and advocacy
  • Public examinations
  • Negotiation
  • DOCAs (including creditors trusts, security documents etc): strategy and preparation
  • Adjournments of winding-up (to allow VA to continue)
  • Costs approval applications
  • Extension of convening periods
  • Directions applications
  • Debt Collection
  • Personal Insolvency Agreements (PIA)
  • Applications to set-aside PIAs
  • Claw-back proceedings (Insolvent Trading, Unfair Preference, Uncommercial etc)
  • Arrest Warrants under the Corporations Act 2001
  • Application to terminate liquidation
  • Phoenix activity advice, negotiation, and litigation
  • Foreign judgment registration under Trans‑Tasman Proceedings Act 2010 (Cth)
     

qualifications

Managing Partner WA Legal Research Services (1999-2000)

Bachelor of Law, Murdoch University Western Australia (2000)

Admitted Supreme Court of Western Australia

Admitted High Court of Australia

Graduate Australian Institute of Company Directors (2014)
 

memberships

Asian Australian Lawyers Association Inc (AALA)

Australian Institute of Company Directors – Graduate (GAICD)

Australian Restructuring Insolvency and Turnaround Association (ARITA)

International Women’s Insolvency and Restructuring Confederation (IWIRC)

Italian Chamber of Commerce and Industry in Australia (ICCI)

Turnaround Management Association (TMA)