Jason De Silva

Director: Business Advisory, Insolvency & Litigation
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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

Article: "Beware the ATO payment plan: lest personal liability arises (s588FGA)"
Article: "Indicators of Insolvency"
Article: "Insolvency Aspects of Asset Protection"
Article: "Claims Against Directors During a Liquidation"

Brochures

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

Testimonials

Testimonial: "The Best Legal Advice" - Tom Vorster, Managing Director, Industrial Turnkey Projects
Testimonial: "Excellent advice…. Jason’s knowledge and service was exceptional… he was worth every cent" - Martin Blakey
Testimonial: "Proactive in ensuring a positive outcome, and in a timely and efficient manner" - Matthew McTaminey
Testimonial: "No hesitation in recommending Jason and his team" - Mark Irving
Testimonial: "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
Testimonial: "I have found their advice, both commercial and timely and would have no hesitation recommending their services" - Tony Monisse
Testimonial: "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 Laws, Murdoch University Western Australia (2000)
  • Admitted to the Supreme Court of Western Australia
  • Admitted to the 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)