Mining Act Disputes
Warden’s Court Advocacy
We focus on achieving commercial outcomes in a timely and cost effective manner. We understand that time is everything and conduct litigation with this as our paramount consideration. We aim to understand our clients’ businesses and in doing so ensure that we tailor our service to suit our clients. We can build a legal team to cater to all of our clients’ needs.
We provide representation in all courts and tribunals in all manner of disputes – from the straight forward to the most complex.
Warden's Court matters
We advise and act in relation to all forms of disputes concerning the Mining Act, particularly matters dealt with by the Warden's Court, including contested tenement applications, forfeiture plaints, minimum statutory expenditure exemption applications and objections, punitive actions taken by the Department of Mines and Petroleum against tenement holders and other prosecutions that might be commenced for breaches of the Mining Act and associated legislation.
Supreme Court matters
We also provide representation and advice on appeals on questions of law arising from Warden's Court matters, or seeking relevant forms of relief in the Supreme Court in relation to administrative action taken by the Department, and decisions or recommendations made by the Warden in relation to all issues and matters concerning mining tenements in Western Australia.
Other advice and representation
We can assist mining clients making submissions to the relevant Minister to try and avoid forfeiture of mining tenements in circumstances where breaches of the Mining Act and associated legislation may have been found.
Our team also has considerable experience advising mining clients, investors, contractors and other stakeholders on mining joint venture disputes, farm-in agreement disputes, mining tenement protection strategies (particularly in the context of distressed mining companies the subject of external controllers), royalty agreement disputes, contractor disputes and Mining Act prosecutions.