Alain Musikanth


D   08 9220 0503
M   0403 825 651
E   alain@musikanth.com.au

Year of election to the Bar:
2006

Alain Musikanth-B&W.jpg

Areas of practice

Civil

Arbitration and mediation
Arbitrators and mediators
Domestic commercial arbitration
International commercial arbitration

Commercial
Appeals
Banking
Building and construction
Construction and engineering
Contractual disputes
Corporate insolvency
Corporations law
Equity
Insurance
International commercial arbitration
Mining and resources
Partnership disputes
Professional liability
Real property
Securities and investments
Trusts

Industrial and employment
Employment contracts and restraint of trade
Industrial disputes and statutory employment rights
Workplace health and safety

Tax and revenue
Capital gains tax
Goods and services tax
Income tax
International tax

Torts
Appellate
Intentional torts
Negligence
Professional negligence
 

Criminal

Coronial inquests

Regulatory offences
Workplace health and safety
 

Public

Constitutional law

Public and administrative
Disciplinary proceedings
Judicial review and administrative law
 

Succession

Wills and estates
Contested probate

 

Profile

Alain Musikanth’s practice encompasses commercial litigation with a particular focus on professional liability, negligence and regulation, insurance and contentious tax matters.

Alain has also acted in a wide range of other areas including building and construction, commercial leasing, contentious probate, coronial inquests, corporate (including continuous disclosure, corporate governance, directors’ duties and Market Integrity Rules), defamation and media, employment, equity and trusts, maritime, mining, occupiers’ liability and personal injury, and property.

Acting regularly as sole or lead counsel, Alain has extensive experience in trials, appeals and other contested hearings having appeared before a variety of courts and tribunals including the Supreme Court of Western Australia (Court of Appeal and General Division), the Federal Court of Australia, the District Court of Western Australia, the Coroner’s Court, the State Administrative Tribunal and the Fair Work Commission (Full Bench and single commissioner).

He has also appeared as counsel in commercial arbitration proceedings, has sat as sole arbitrator, in Australia and abroad, and as mediator.

Having worked in litigation for nearly 25 years, Alain has spent most of his career as a barrister at the independent bar. Before joining the WA Bar in early 2007, he was special counsel in the commercial litigation division of Corrs Chambers Westgarth. Prior joining Corrs in 2001, Alain practised as a barrister in Cape Town, South Africa for seven years in both civil and criminal matters.

Alain is a member of the Chartered Institute of Arbitrators (MCIArb), a fellow of the Tax Institute (FTI) and an adjunct associate professor within the University of Western Australia Law School.

He is a former President of the Law Society of Western Australia and Director of the Law Council of Australia.

Qualifications

Date of admission: 2002 (WA), 1994 (South Africa)

Qualifications: BA, LLB, LLM, FTI, MCIArb

 

Liability limited by a Scheme approved under Professional Standards Legislation