We provide specialist legal services to businesses and individuals in a range of practice areas including corporate and commercial law, hospitality and liquor licensing, sports & entertainment law, property and elder law including estate planning, estate administration and estate litigation.
From 2016 to 2019, Doyle’s Guide recognised Ryan & Durey Solicitors as one of the Leading Wills & Estates Litigation Law Firms in Western Australia and, from 2017 to 2019, Doyle’s Guide recognised Ryan & Durey Solicitors as one of the Leading Wills, Estates and Succession Planning Law Firms in Western Australia. Also, in 2017 & 2018, Ryan & Durey Solicitors won Best Supplier at the Restaurant & Catering Awards for providing legal services.
OUR PEOPLE
PRACTICE AREAS
CORPORATE & COMMERCIAL LAW
Ryan & Durey Solicitors provides practical commercial legal advice. Our experienced team of legal practitioners provides a full service offering on all commercial matters, including property and transactional advice.
Our team offer clients practical legal strategies to deliver solutions to meet our clients’ individual requirements. We understand your business needs and identify risks and opportunities to provide legal advice and solutions to achieve desired outcomes.
Our services include:
- Shareholders Agreements, Unitholders Agreements, Buy-Sell Agreements
- Sale and Purchase of Businesses – Contracts, Advice, Vendor Finance, Settlements
- Hospitality, Liquor Licensing, Wine Law, Agri-Business
- Trusts – Creation, Deeds, Reviews, Variations, Advice
- Transactional Documents – Share Sale Agreements, Unit Sale Agreements
- Securities – Loan Agreements, Mortgages, Personal Property Securities Act (PPSA)
- Employment Agreements, Contractor Arrangements
- Business Succession, Structuring Advice
- Sports and Entertainment Law, Sports Management
- Self-Managed Super Funds – Creation, Deeds, Transactions, Advice
ELDER LAW
i. Estate Planning
At Ryan & Durey, we make the task of estate planning as easy as possible for our predominantly high net worth clientele.
Our team of lawyers liaise with clients’ existing advisors, such as accountants and financial advisors, in order to achieve an individually-tailored succession plan that suits each client’s distinct circumstances.
We provide advice in all aspects of Elder law.
Our services include:
- Preparing Wills with or without testamentary trusts
- Advising on business and personal succession planning
- Preparing Enduring Powers of Attorney (EPAs), Enduring Powers of Guardianship (EPGs), and Advance Health Directives (AHDs)
- Reviewing Family Trusts
- Reviewing Superannuation Trusts and preparing non-lapsing, binding and non-binding nominations
ii. Estate Administration and Litigation
Based on our vast experience of estate administration and estate litigation, Ryan & Durey Solicitors gives our clients the advice they need to wind up estates whether contentious or otherwise. We also assist executors and administrators to administer deceased estates and provide them with advice about Family Provision claims. We also advise beneficiaries of estates and trusts and act for applicants and defendants in contentious proceedings involving estates.
Our service include:
- Preparing applications for Grants of Probate of Wills, Letters of Administration (with the Will annexed) of Wills and Letters of Administration of intestate estates
- Advising executors and trustees as to their obligations when administering a Will
- Assisting clients when dealing with superannuation funds
- Advising clients about trust deeds
- Assisting in winding up estates
- Acting for parties in Family Provision claims (both Plaintiff and Defendant)
- Acting for parties where there are applications under the Trustees Act or under the Administration Act
- Acting for parties in State Administrative Tribunal applications for administration and guardianship orders
- Acting for parties in contentious Probate proceedings
- Acting for parties in general estate litigation including mediation and trial
PROPERTY LAW
Ryan & Durey Solicitors provides practical and commercial property legal advice. Our experienced team of legal practitioners provide a full service offering on all commercial property and transactional matters.
Our services include:
- Leasing – New Leases, Variations, Assignments, Extensions
- Reviewing Leases
- Market Rent Review Advice
- Property Advice
- Sale and Purchase of Commercial Property
- Co-Ownership Agreements
- Due Diligence
- Caveats
HOSPITALITY & LIQUOR LICENSING
Ryan & Durey Solicitors provides practical and commercial legal advice to the hospitality industry. Our experienced team of legal practitioners provide a full service offering on liquor licensing matters and related business issues, including property and transactional advice.
Our team offer clients practical legal strategies to deliver solutions to meet our clients’ individual requirements. We understand your business needs and identify risks and opportunities to provide legal advice and solutions to achieve desired outcomes.
Our services include:
- New Licence Applications
- Licence Transfer Applications
- Sale and Purchase of Licensed Premises
- Leasing of Licensed Premises
- Applications to Vary Liquor Licence Conditions
- Liaison with Statutory Bodies
- Liquor Legislation Compliance Advice
- Gaming Machines Advice
- Disciplinary matters
- Wine Law and Agri-Business
SPORTS & ENTERTAINMENT LAW
Ryan & Durey Solicitors provides practical and commercial legal advice to sportspersons and entertainers alike. We provide advice to athletes and actors at all levels as well as advice to the bodies that govern them.
Our team offer clients practical legal strategies to deliver solutions to meet their individual requirements. We understand the needs of persons in sports and entertainment industries and identify risks and opportunities to provide legal advice and solutions to achieve desired outcomes.
Our services include:
- Contract advice and negotiations
- Sponsorship, merchandising and licensing
- Intellectual property
- Estate planning and asset protection
- Property and development
- Corporate governance and constitutions
- Disciplinary matters
- Employment and workplace relations
TAX
At Ryan & Durey Solicitors we provide comprehensive professional advice in relation to areas of taxation.
Our services include:
- Tax advice including Commonwealth, State and international tax
- Tax structuring
- Tax disputes and litigation
- Advising in relation to debt collection and insolvency action by the ATO and State Taxation Offices
- Assisting with tax audits and investigations
- Trusts and Estate Planning
- Superannuation
DISPUTE RESOLUTION
Ryan & Durey Solicitors engages in all forms of dispute resolution from conciliations and mediations to arbitrations and judicial-based determinations.
Litigation can be a very costly process and getting the law and strategy right is only the start. We guide clients on practicable outcomes with a strong focus on commercial outcomes.
Our Dispute Resolution team enhances its skill base with the benefit of our dedicated commercial lawyers.
Our services include:
- Wills & Estates, guardianship & administration, and family provision claims and interpretation of Wills – see Elder Law tab
- Liquor licensing – see Liquor Licensing tab
- Property disputes – sales, leasing (commercial, retail and residential) and strata – see Property tab
- Employment law, restraints of trade and employee claims including discrimination, unfair dismissal, general protections and contract claims
- Safety and other prosecutions – ATO, WorkSafe, EnergySafety and
- Environmental Protection Authority
- Business, shareholder/partnership and contract disputes, and consumer law – see Corporate & Commercial tab
- Construction projects and adjudications
- Professional negligence
NEWS & ARTICLES
SUPERANNUATION DEATH BENEFITS: ‘LIVING TOGETHER’ AND DISHARMONY IN DE FACTO SPOUSAL RELATIONSHIPS
The definition of a ‘spouse’ differs according to each superannuation fund’s trust deed. The trust deed is the document...
LEASES – COVID-19 IMPACT
As the Coronavirus (COVID-19) continues to spread across Australia its impact on commercial arrangements is a serious concern for...
THE IMPORTANCE OF CAPTURING A CLIENT’S TESTAMENTARY WISHES
A legal practitioner must follow a client’s lawful, proper and competent instructions. When drafting documents, significant care must be...
NEW LIQUOR LAWS NOW IN OPERATION
The highly anticipated amendments to the Liquor Control Act finally came into force on 2 November 2019. The latest...
SUPERANNUATION DEATH BENEFITS: CONFLICT BETWEEN PERSONAL INTEREST AND DUTY AS ADMINISTRATOR
As a matter of law an entitlement under a superannuation fund (for example, death benefits or life insurance) does...
SUPERANNUATION DEATH BENEFITS: MAKING A CLAIM
Superannuation Death Benefits: Making a Claim Superannuation is a system where money is placed in a fund to provide...
CHANGING CIRCUMSTANCES – WILLS
CHANGING CIRCUMSTANCES – WILLS What happens if, under a Will, a Will maker “gifts” his or her “principal place...
SALE OF SHARES V SALE OF BUSINESS
SALE OF SHARES V SALE OF BUSINESS There are two ways to buy a business: Buy the Company (or...
A RISE IN ELDER ABUSE: A SIGNIFICANT PROBLEM
A RISE IN ELDER ABUSE: A SIGNIFICANT PROBLEM Recent statistics released by Advocare have revealed that there has been...
DO YOU THINK YOU HAVE A CLAIM UNDER THE FAMILY PROVISION ACT?
DO YOU THINK YOU HAVE A CLAIM UNDER THE FAMILY PROVISION ACT? If you are considering challenging a Will,...
DATA PROTECTION LAW UPDATE
Data protection is afforded in Australia by the Privacy Act’s in each State and Territory. These laws regulate the...
HAVE YOU SEARCHED THE PPSR?
Despite being introduced over six years ago, the Personal Property Securities Register or the PPSR is still widely unknown...
NO MORE TAX LEEWAY FOR SOME OF OUR HIGHEST SPORTING PROFILES
Image rights are the right to one’s own image and the ability to decide when, how and by whom...
PROPOSED LIQUOR CHANGES A BOOST FOR THE ‘LITTLE GUY’
The highly anticipated Liquor Control Amendment Bill 2018 was presented to Parliament on 20 February 2018, and passed the...
IS A TRADE MARK WORTH IT?
Registration of a trade mark offers different, and important, protections to the registration of a business name. Whilst both...
Probate Caveats
A Grant of Probate represents confirmation from the Supreme Court that a Will of a deceased person is the...
Restaurants selling liquor without a meal
Pursuant to the Liquor Control Act 1988 (WA) the primary and predominant purpose of a restaurant must be the...
Is your contract unfair?
Dubbed the ‘Unfair Contracts Act’, recent changes to legislation finally provides parties to standard form contracts with greater protection....
DO YOU NEED TO RENEGOTIATE YOUR RENT?
If leasing a hospitality premises, it is critical to get the lease right or your business will suffer. Whilst...
Discretionary Family Trust – Can you remove the Guardian?
The recent decision upheld by the Western Australian Court of Appeal Blenkinsop v Herbert WASCA 87 (Blenkinsop) outlines...
Common Sense Prevails for WA Distiller
Whilst distilleries were forgotten in the recent review of the Liquor Control Act 1988 (WA), common sense has finally...
The Legal Risks of Social Media
Social media has become a very effective marketing tool. However, you do not have to try too hard to...
STATUTORY WILLS
In Western Australia (WA), recent legislative developments in 2007, have permitted the Supreme Court of Western Australia to make...
FOR PROBATE PURPOSES, WHEN IS A MISSING PERSON PRESUMED TO BE DEAD?
For Probate purposes, when is a missing person presumed to be dead? There is a misconception that, if a...
CAN A LESSEE BE RESPONSIBLE FOR STRUCTURAL REPAIRS?
Buildings need to be repaired and maintained otherwise they will deteriorate. Laws also change imposing additional obligations on occupants....
SHOULD YOU HAVE A SHAREHOLDERS AGREEMENT?
As the name suggests, a Shareholders Agreement is a written agreement between shareholders that governs the relationship between them....
WHAT IS THE PUBLIC INTEREST TEST?
WHAT IS THE PUBLIC INTEREST TEST? In June 2016, the review of the Liquor Licensing Act 1997 was completed...
WHAT HAPPENS TO YOUR ONLINE PRESENCE WHEN YOU DIE?
WHAT HAPPENS TO YOUR ONLINE PRESENCE WHEN YOU DIE? How many of you now have one or more of...
HAVE YOU LOST YOUR WILL?
HAVE YOU LOST YOUR WILL? There was a recent interesting case heard in the Supreme Court of Western Australia:...
WHO OWNS A LIQUOR LICENCE? WHAT ARE THE LESSOR’S RIGHTS?
WHO OWNS A LIQUOR LICENCE? WHAT ARE THE LESSOR’S RIGHTS? It is a common misconception that the licensee owns...
ELECTRONIC STORAGE OF COMPANY “BOOKS”
ELECTRONIC STORAGE OF COMPANY “BOOKS” As we have seen the development of technology take over in all forms of...
PREPARING YOUR BUSINESS FOR SALE
PREPARING YOUR BUSINESS FOR SALE Selling a business can be one of the biggest decisions you make. However, once...
Can your Will be challenged? Recent decision on providing adequately for your children
Can your Will be challenged? Recent decision on providing adequately for your children An assumption that many people make...
When is a de facto relationship considered to be at an end?
When is a de facto relationship considered to be at an end? A recent decision in the Supreme Court...
Will the breakdown of your de facto relationship affect your estate planning?
Will the breakdown of your de facto relationship affect your estate planning? If you consider yourself to be in...
Butts Out from 1 July
Butts Out from 1 July From 1 July 2016, the new outdoor smoking ban comes into effect across South...
Sunday Extended Trading Permits
Sunday Extended Trading Permits Currently the Liquor Control Act 1988 (WA) does not authorise non-metropolitan liquor stores to trade...
Changes to Entertainment Consent Rules in South Australia
Changes to Entertainment Consent Rules in South Australia Recent changes to the entertainment consent rules in South Australia...
When do grandchildren have a right to contest a grandparent’s Will?
Following on from our article examining the right of step-children to challenge the Will of a deceased step-parent, the...
The National Hotel Decision
An important decision impacting on liquor licensing was handed down in the Supreme Court of Western Australia recently regarding...
An Estate Plan – why you should have one
Many people immediately think estate planning is just having a Will in place. Moreover, when they think of a...
Big Win for Small Town Residents
The delegate of the Director of Liquor Licensing (WA) recently refused an application for a liquor store licence in...
Have you got the right lease for this economy?
If leasing a hospitality premises, it is critical to get the lease right or your business will suffer. Recent...
Does a step-child have the right to challenge a step-parent’s Will?
“Nuclear” families may have been the norm in the past, but now there are more “blended” families in Australia...
Would you like to rule from the Grave? Simple Will v Testamentary Trust
What is a ‘Simple’ Will? There is a greater degree of certainty with a ‘simple’ Will as to what...
TRAINING VIDEOS
WORK WITH US
At Ryan & Durey Solicitors, we are always looking for bright new talent.
All team members at Ryan & Durey Solicitors have the same commitment: to delivery excellent quality work for all our clients as fast as possible. Our team is made up of unique individuals who enjoy what they do, are client focused and goal driven. We operate in a collaborative environment with a team focus, where you will receive mentoring, coaching and an opportunity to do some really great work.
If you would like to be part of our team, please send through your resume and covering letter to enquiries@ryandurey.com.
GET IN TOUCH
PERTH
T (08) 6166 9000
F (08) 6166 9001
14 Walker Avenue
West Perth WA 6005
ADELAIDE
T (08) 8180 0204
F (08) 6166 9001
Level 1
180 Greenhill Road
Parkside SA 5063
MELBOURNE
T (03) 8679 4506
Level 23, HWT Tower
40 City Road
Southbank Vic 3000
NEWCASTLE
T (02) 8078 2243
Level 1
17 Bolton St
Newcastle NSW 2300
DARWIN
T (08) 7999 8220
Paspalis Building
Level 1, 48-50 Smith St
Darwin NT 0800
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