Brenton Oakley

Brenton joined Kott Gunning as a Consultant in 2011, bringing with him extensive experience across a variety of legal areas including local government law, commercial law, property law, and commercial litigation. Brenton has advised both private and public companies in relation to commercial agreements including construction contracts, contracts for the supply of goods and services, land sale contracts, management agreements, mortgages, securities, PPSA, licensing agreements and powers of attorney. Brenton’s recent experience includes: Local Government

• Providing planning, building, procurement, complex contract and governance advice to various metropolitan and regional Local Governments between 2014 and 2020 relating to matters governed by Town Planning Schemes, Local Government Planning Policies and legislation, including the Local Government Act 1995, Land Administration Act 1997, Planning and Development Act 2005, Transfer of Land Act 1893 and Building Act 2011.
• Managing applications for review of Local Government decisions and appearing in the State Administrative Tribunal in relation to those applications.
• Presenting legal education and training to local government clients on, the Corruption Crime and Misconduct Act, on the effect of amalgamation on Local Government, on receiving Gifts, on Delegations and Authorisations, on the Planning and Development Act and Building Act, on encroachment and adverse possession, on discretionary decision making by local governments, and a current series of seminars on Contract Law.

His background experience also includes: Local Government

• Advising Regional Local Governments with respect to land use, planning, procurement, compliance, statutory interpretation, governance and complex contracts.
• Advising Local government clients on adverse possession, future road construction liabilities and land exchange agreements.

Property

• Advising property developers with respect to land use matters including the preparation of sub divisional contracts, leases, licenses, easements, restrictive covenants and management statements.
• Preparing and advising on complex contracts of sale, lease agreements and licence agreements.

Commercial and Contract

• Advising banks and credit providers on securities, risk and the PPSA.
• Advising public and private companies on Corporations Act compliance and governance.
• Drafting trust deeds and variations, assignment of debts, commercial agreements, management agreements and partnership agreements.
• Advising and preparing security documentation (including under the Personal Property Securities Act 2009).
• Presenting legal education and training to the profession and clients on implied contractual terms including the duty to act in good faith in contract negotiations, on unfair contracts legislation, on issues relating to the enforcement of land sale contracts, on leasing crown land and the Associations Incorporation Act 2015.

Dispute Resolution

• Appearing as Counsel in all Western Australian State Courts, the Federal Court and a variety of state tribunals including the State Administrative Tribunal on a broad range of matters including, breach of contract, Trade Practices Act, negligence, breach of statutory duty, specific performance, company winding up, injunctive and prerogative relief.
• Conducting and defending complex litigation in the Supreme Court of Western Australia regarding land sale contracts post the global financial crisis.

• COVID-19 – Local Government Contracts and Force Majeure Clauses (14 April 2020)
• COVID-19 – Contracts Part 1 – Force Majeure (3 April 2020)
• The Consequences of Incorrectly Terminating a Contract
• Date Fast Approaching for Incorporated Associations to Update Rules
• Encroachment and Adverse Possession

• Law Society of Western Australia
• Property Council of Western Australia