Mark Fatharly

Partner: Litigation
Mark Fatharly

Mark brings an astute, precise, measured and insightful approach to dispute resolution. He has over 22 years’ experience acting as both trial counsel and solicitor in commercial and general civil litigation in a range of courts and tribunals, and he is an accredited mediator.

Mark’s main areas of litigation, advice and dispute resolution practice are:

  •  Estate litigation, including inheritance disputes, disputes about capacity and wills, interpretation of will terms, guardianship and administration applications

  • Trust litigation, including trustee duties, directions for trustees, equitable remedies, and court applications

  • Property litigation including lease obligations, compulsory acquisition, interests in land, caveats

  • General commercial litigation, company and contractual disputes

  • Compliance advice and training

He is recognised in Doyle’s Guide (widely recognised as the most comprehensive guide to Australia’s best lawyers, law firms and barristers), as:

  • Pre-eminent: Wills and Estates Litigation Lawyer (Perth 2017 & 2018)

  • Recommended: Wills and Estates Litigation Lawyer (Australia 2017)

  • Leading: Wills and Estates Litigation Lawyer (Perth 2016)

Mark is the Immediate Past Chair of STEP WA and a Director and Vice Chair of STEP Australia, the Society of Trust and Estate Practitioners, a worldwide organisation of specialist practitioners in trust and estate matters.


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Articles

"New Chief Justice Places Focus on Contested Estate Matters"
"Trust Beneficiaries – Liability and Oppression"
"Cooper & Oxley – What Should Subcontractors do Now?"
"Misconduct in Banking, Superannuation and Financial Services Royal Commission – Key Facts"

 

areas of expertise

Commercial dispute advice, representation and resolution

Compliance advice and training (privacy, financial services, corporations, regulatory offences, competition and consumer)

Court advocacy, particularly Supreme Court

Deceased estate advice, representation, litigation

Equitable interests

Estate executor and beneficiary advice

General advice

Guardianship and administration applications

Injunctions and restraints

Lease and property dispute advice and litigation

Proof of will in solemn form and testamentary capacity issues

Proper construction of will

State Administrative Tribunal proceedings

Trust litigation

Trustee advice
 

qualifications

Bachelor of Law (LLB), University of Western Australia (1994)

Admitted Supreme Court of Western Australia (1995)

Registered High Court of Australia (1996)

Institute of Arbitrators and Mediators WA Practitioners Certificate in Mediation

memberships

Law Society of Western Australia (www.lawsocietywa.asn.au)

Resolution Institute (www.resolution.institute)

STEP (www.step.org)