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Areas of Practice

The following is an overview of the State Solicitor's Office key practice areas:

Specialist Advisings and Litigation Team and The Civil Wrongs Team

Advice

The State Solicitor's Office provides legal advice and statutory interpretation to the Western Australian Government, the Attorney General, Ministers and a wide range of WA Government departments and agencies.

The range of legal matters upon which advice is given is as diverse as the State Solicitor's Office client base, with statutory interpretation being fundamental.

Civil Litigation

The State Solicitor's Office acts for the State, its departments and agencies in a range of civil litigation matters. These matters are diverse and include:

  • Constitutional and administrative law.
  • Industrial and employment law disputes.
  • Equal opportunity law matters.
  • Public liability claims.
  • Personal injuries and workers' compensation matters, including the defence of claims under the Motor Vehicle (Third Party Insurance) Act 1943.
  • Medical negligence actions.
  • Commercial and contractual disputes.
  • State taxation disputes.
  • Debt recovery, including actions for the recovery of monies payable under statute (such as tax revenue recovery or the recovery from offenders of compensation paid under criminal injuries compensation legislation).
  • Sheriff’s interpleaders.

Also broadly included under the banner of 'Civil Litigation' are prosecutions initiated in the Magistrates Court for breaches of legislation under the control of client departments and instrumentalities.

These include fisheries, work safe, energy safety and a range of other prosecutions. Appeals to the Supreme Court from decisions of Magistrates are also managed.

Commercial Team

State Solicitor's Office commercial lawyers represent the State and clients in a wide range of major commercial transactions.

These include agreements in relation to finance, resources, intellectual property and contracts for major public works and infrastructures including major projects for the provision of ports, railways, roads, hospitals, schools and prisons.

The State Solicitor's Office also prepares and advises on a wide range of commercial, conveyancing and other related legal documents and agreements arising out of Government commercial activities, including leasing and procurement.

The Office also provides conveyancing services to Government including, land tenure assessments, land divisions, creations of easements, title searches and settlements.

Native Title and State Lands Team

The State Solicitor's Office represents the State and its agencies in native title applications in the Federal Court and the National Native Title Tribunal.

The Office also provides advice to Government and government agencies on a range of associated native title legal issues, Aboriginal heritage issues and indigenous land use agreements.

The NTSL team also deal with town planning and land valuation matters.

Counsel Team

Counsel from the State Solicitor's Office represent the State and clients in a range of courts and tribunals, including the Magistrates Court, District Court, Supreme Court, Federal and High Court and in a variety of tribunals particularly the State Administrative Tribunal and the National Native Title Tribunal.

The State Solicitor's Office occasionally briefs counsel from the independent Bar or from private law firms when in-house counsel are unavailable.


Last updated: 23-Aug-2016

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