FAQs

As early as possible. Seeking advice early allows you to protect your position and preserve evidence before positions harden or deadlines pass. Early involvement often provides a wider range of commercial options to resolve the matter before it becomes costly or disruptive.

You aren’t legally required to use a lawyer, but it is a very good idea.

A lawyer ensures the contract is valid, protects your interests, and covers "what if" scenarios you might not think of. While you can write one yourself or use a template, a lawyer helps prevent expensive misunderstandings or legal loopholes that could cause problems later.

A successful business purchase requires thorough due diligence to verify assets, employee contracts, and any hidden liabilities. We manage the entire transaction from the initial Business Sale Agreement through to settlement to ensure the value you are paying for is legally protected.

A testamentary trust can provide a protective layer for inherited assets. It can help shield assets from risks such as relationship breakdown, creditor claims or poor financial decision-making by a beneficiary. Because every family is different, its effectiveness depends on how the trust is structured and managed. We can help you tailor a solution that provides the right balance of control, and protection for your beneficiaries.

Bring any documents or information relevant to your matter, such as contracts, correspondence, court documents, financial records or a timeline of key events. You do not need to have everything organised, our first conversation helps identify what matters most.

We develop an action plan tailored to your objectives, whether that involves negotiation, structuring a transaction, resolving a dispute or preparing for formal proceedings. The plan will identify priorities, expected steps and the strategy for achieving the best available outcome.

Yes. We keep you updated on material developments, explain important decisions and remain available when questions arise. Our advice and actions remain focused on the agreed strategy and your desired outcome.

The majority of commercial disputes are resolved through direct negotiation, mediation, or arbitration without the need for a final court hearing. While litigation is a powerful tool when someone refuses to engage, our main focus is to achieve a commercially sound outcome through the most efficient process available.

Mediation provides a confidential space to negotiate a practical settlement while maintaining control over the outcome and preserving business relationships. Arbitration offers a private, binding alternative to court where parties can often select an arbitrator with specific industry expertise.

We begin by reviewing the contract to identify the specific breach and the most effective remedy, which may include a formal notice to perform or a claim for damages. If a considered letter of demand does not resolve the issue, we can move decisively toward mediation or formal legal proceedings.

We assess the contract and the position of the person who owes you (the debtor), to determine the most effective recovery strategy, ranging from negotiated payment plans to formal debt-recovery proceedings. Our approach is designed to recover what you are owed firmly and efficiently while keeping the commercial costs and business relationships in view.

You must review the rent-review mechanisms, make-good obligations, and any personal guarantees that could create long-term financial exposure. We ensure your commercial lease provides the flexibility your business needs while strictly limiting your liability.

Exiting a commercial lease early usually requires a negotiated surrender, a formal lease assignment, or exercising a specific "break clause" in your agreement. We review your contract to identify the most cost-effective exit strategy while managing your exposure to rent and outgoings.

We recommend issuing a formal letter of demand as a primary step to resolve the debt without the cost of a full court hearing. If the debt remains unpaid, we can initiate debt recovery proceedings or statutory demands to secure payment and protect your cash flow.

A letter of demand is a formal letter sent to someone, asking them to do something they are legally required to do, usually before taking legal action. Such a letter is generally sent for matters including but not limited to unpaid invoices or debts, breach of a contract, damage to property, failure to return money or goods. It is often used to try to resolve a dispute without going to court, giving the other party a final opportunity to fix the problem.

Debt recovery proceedings involve the formal legal process of securing payment for outstanding debts. When initial demands remain unsatisfied, we assist clients in navigating the relevant court or tribunal systems to formalise the debt and enforce payment through the appropriate legal channels.

If someone is not doing their part in a contract, termination depends on whether the breach involves a "material" term or a fundamental failure to perform the contract. We assess your commercial contract to ensure you have the legal right to terminate without being counter-sued for wrongful termination.

A robust commercial contract must clearly define the scope of work, payment milestones, intellectual property rights, and dispute resolution processes. We draft tailored agreements that reflect your actual operations and provide a clear path for enforcement if things go wrong.

You must investigate the business’s material contracts, leases, and any past or pending legal disputes to avoid inheriting costly problems. Our legal due diligence reports highlight critical risks so you can negotiate price reductions or stronger warranties before completion.

Preparing for a business sale involves cleaning up your corporate records and ensuring all intellectual property and leases are ready for transfer. We help you draft the sale agreement with appropriate warranties and restraints to secure your exit and protect the transaction value.

Directors must act in good faith and in the best interests of the company to avoid personal liability for insolvent trading or breaches of duty. We provide practical corporate governance advice to ensure your board decisions are compliant and your personal assets are protected.

Without a succession plan or a Shareholders' Agreement, your business may face a management vacuum or forced liquidation during a crisis. We establish buy-sell arrangements and transition structures to ensure your business continuity and your family's financial security.

A properly drafted will ensures your assets are distributed according to your wishes and allows you to nominate trusted executors and guardians for minor children. Without one, your estate is dealt in accordance with specific laws in Western Australia called intestacy law, which may not reflect your intentions.

When a person dies without a valid Will, they are considered to have died intestate. In these circumstances, an administrator is appointed to manage and distribute the deceased's estate in accordance with the Administration Act 1903 (WA). Intestacy laws determine who is entitled to inherit the estate and how assets are distributed. If you or a loved one needs assistance preparing a valid Will or navigating an intestate estate, seeking legal advice as early as possible can help ensure the matter is resolved efficiently and in accordance with the law.

You should review your will and estate plan after major life events such as marriage, divorce, separation, having children, buying property, receiving an inheritance or starting a business. Regular reviews help ensure your will remains valid and reflects your current circumstances. We generally recommend updating a will every 2 to 3 years for it to be as accurate as possible.

A testamentary trust is a trust created through your will that takes effect after your death. It can provide greater control over how assets are managed and distributed, particularly for children, vulnerable beneficiaries or significant family wealth.

Asset protection involves structuring your estate plan to manage risks affecting family wealth, businesses and inherited assets. This may include testamentary trusts, carefully chosen executors and trustees, superannuation nominations, and succession arrangements for business interests.

Probate is a Supreme Court grant confirming that a will is valid and authorising the executor to administer the estate. It is commonly required before banks, share registries or other institutions will release significant estate assets.

The time required for estate administration depends on the assets, debts, beneficiaries and whether probate or a dispute is involved. Executors must identify and protect estate assets, pay debts and taxes, and distribute the estate in accordance with the will and legal requirements.

If a person dies without a valid will, they are said to have died intestate. Their estate will be distributed according to the relevant intestacy laws, rather than according to personal wishes or informal family arrangements.

A will can be challenged for several reasons, including concerns about capacity, undue influence, the validity of the document or inadequate provision for an eligible family member. Early legal advice is important, as estate dispute time limits can apply.

Many estate disputes can be resolved through negotiation or mediation, without the need for a final court hearing. Our Perth estate-planning lawyers advise executors, beneficiaries and families on practical options to protect their interests and seek an efficient resolution.

We review the information you provide to understand your situation and confirm whether Forbes Kirby is the right fit for your matter. If so, we will arrange an initial discussion to explore the issue in more detail.

Yes. We provide clear, practical advice about your legal and commercial options, the likely process, key risks and the next steps available. Our role is to put you in a position to make an informed decision with confidence.

This is a contractual requirement for one of the parties, such as a tenant, to restore a property, asset or situation to a specified condition at the end of a lease. These obligations can create significant costs at the end of a lease, and it is critical to obtain legal advice prior to signing a commercial lease.

Yes, in a supporting capacity. AI-powered tools help us research more efficiently and work through information faster, which keeps us cost-effective without cutting corners on quality. The practice of law itself, however, stays firmly in human hands. Every strategic decision, legal opinion, and client interaction is handled personally by our team, guided by judgement and a genuine understanding of your matter.

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