Jason De Silva
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.
Background Details
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.Â
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.
Qualifications
- 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)
Memberships
- 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)
Areas of Expertise
Acting for
- 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
- 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
- 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
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
- 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
- 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
- Defences
- Bank and lender disputes
- Security disputes (mortgages / caveats / PPSR)
- Irresponsible Lending
- AFCA complaints
- Personal guarantees
- Negotiations
- Court action (defence)
- Property Development
- Contracts
- Disputes and Court action
- Security (mortgages / caveats / PPSR)
- Priority disputes
- Refinancing
- Release
- 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
- Debt collection
- Commercial Litigation
- Misleading or Deceptive Conduct
- Contract disputes
- Security disputes
- Settlement Agreements
- Trustee duties
- Director Duties
- Crypto disputes and scams
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.
Related Seminars
Testimonials
Jason De Silva and the team at Murfett Legal are amazing. Faced with an unusual legal situation, I approached Jason who quickly put my mind at ease. Jason explained everything to me, he was professional, supportive and understanding. It was obvious to me from our first meeting that he knows what he is talking about. I highly recommend Jason and the team at Murfett Legal. I truly appreciate all that they have done for me
Great People, Great Service and Great Result… enough said!
Click here to see what clients have had to say about Murfett Legal on Google Review.
Thank you to the Murfett Legal team who together worked tirelessly and beyond my expectations (including weekends) on my recent successful joint venture and merger with a national broker partner. Their understanding of the complex issues and willingness to work in collaboration with all stakeholders resulted in a positive outcome.
It is important to find good, practical partners to work with and you provided a valuable contribution in keeping us on the straight and narrow from a legal perspective. Murfett Legal were incredibly practical and the most engaging legal person that we have found in our decades of doing what we do.
I have used the services of Murfett Legal for over 20 years and have no hesitation in recommending Jason and his team. Whether it is a contract matter, dispute or just some informal advice I have always found Murfett legal to be astute, proactive, knowledgeable but also commercially sensible.
I have worked with Jason and Kelly at Murfett Legal for the last 2 years. During this time they have helped a number of clients who have experienced financial difficulties. I have found their advice, both commercial and timely and would have no hesitation recommending their services.
We recently appointed Jason De Silva from Murfett Legal to assist us with a Business dispute.
We were referred to Jason and he quickly put us at ease and simplified things and with his extensive Business Advisory, Insolvency & Litigation experience he has given us excellent advice.
Jason's knowledge and service was exceptional, he was available on mobile even after hours, I have to say he was worth every cent.
Over all if I need assistance again it would be my one and only call.
Thanks Murfett Legal.
Jason De Silva and Kelly Parker were a great support to our client. They were proactive in ensuring a positive outcome, and in a timely and efficient manner. They were a pleasure to deal with and I highly recommend Murfett Legal for any future dealings.
I have referred my clients to Murfett Legal for over 10 years and will continue to thoroughly recommend them!
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!
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.
Murfett Legal save me time and money. I’ve dealt with plenty of other lawyers that all gave me long-winded advice which often lead to a bad outcome. Murfett Legal cuts out the BS – Tom and Jason’s tough negotiation skills and business-minded solutions mean that we are always placed in the best position to win disputes – with minimal conflicts. After the first time we worked with them, they quickly became our go-to lawyers for business advice, disputes, contract agreements and more. I highly recommend putting Murfett legal at the top of your list – you are guaranteed to save money, and a significant amount of headaches by getting the right advice from the start.
Tom & Jason, I wanted to say thank you for your support and guidance & good counsel in this time.
Business is challenging, even harder if you do not have the support and knowledge that you can trust and depend on a Company like Murfett Legal who have knowledgeable and experienced staff.
Thank you for the meeting with [my clients] yesterday, I was very impressed with the way you ran the meeting and educated the clients as you went along. I will certainly refer future clients for estate planning in the future.
We also have another high wealth lobster fishing client who needs a trust deed update, change to a corporate trustee from four individuals and a title update on a commercial property that they hold in the superfund once the corporate trustee is swapped over.
I have been advised that you generously offered your time and knowledge of commercial law at the semi-finalist sponsor session earlier in the year, and understand your presentation was very well received. The Department of Commerce is fortunate to have supports such as you who are dedicated to fostering innovation and entrepreneurship in Western Australia and ensuring the success and sustainability of local businesses.
Once again, I thank you and Murfett Legal for another year of support and look forward to the ten year anniversary of the program in 2016 and building on our relationship to achieve greater social and economic benefits from Western Australia.
Jason De Silva and Kelly Parker and their team provide the best legal advice, and also assisted us in developing our business strategy, as well as our personal affairs.
Their personal involvement and care say it all. It’s a one stop service for all our business needs.
We will always be grateful for the help Murfett Legal has given us. We can’t recommend them enough.
We have one agreement, don’t make a decision unless Jason or Kelly have first weighed in.
Wish we knew you guys 12 months ago, would have save us heaps of money and lost sleep.
Thanks again for your assistance and diligence in attending to this.
What a fantastic and fast result
I want to share with you my experience of the assistance my wife Kimmy and I received from Murfett Legal.
In short, I don’t feel that I could praise them enough. I cannot find fault with any of the work done throughout the entire legal process. I saw them exercise the highest levels of skill and expertise and maintain always a genuine concern for our case and outcome.
My association with Murfett Legal will always fill me with a feeling of gratitude as they rescued us from a terrible situation. Moreover, they returned us to a financially secure position, a better quality of life and importantly allowed us to know that justice was done in the end.
Our recommendation is the strongest we can give and is truly heartfelt.
In our capacity as Private Lenders Australia Wide we often come across clients who have many pressing issues.
For us to lend to such clients we often require the client to engage solicitors that can act quickly and professionally in order to produce a favourable outcome for that client.
I have no hesitation in referring clients to Murfett Legal as their professionalism, ability to act quickly and ability to obtain a favourable commercial outcome is unparalleled.
My (previous) medium sized construction company was experiencing financial difficulty. I was referred to Murfett Legal.
Jason De Silva was a breath of fresh air from the outset. He listened carefully to everything we had to say, asked specific questions before evaluating our situation.
Jason, together with Kelly Parker and their team, clearly outlined our legal obligations, gave timely legal advice, and most importantly made valuable recommendations that were not only legally compliant but also commercially savvy and pro-active.
Murfett Legal continues to advise me in respect of my business, corporate, property and personal affairs.
I highly recommend Murfett Legal to my friends and peers, regardless of their situation, for all legal support.
Great service and result. We couldn’t have been happier with the team at Murfett Legal.