Alain Musikanth SC


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

Year of election to the Bar:
2006
Appointment to Senior Counsel:
2018

Alain Musikanth-SC-barrister-francis-burt-chambers-perth

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

Defamation

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 is a commercial and tax silk who has spent most of his nearly 25-year career practising at the independent bar.

He appears regularly as lead or sole counsel at first instance and appellate level before Commonwealth and State courts and tribunals, has sat as sole arbitrator, both in Australia and abroad, and as mediator.

In commercial and civil matters, Alain has been engaged in a wide range of areas including commercial arbitration, building and construction, commercial leasing, contentious probate, corporate (including continuous disclosure, corporate governance, directors’ duties and Market Integrity Rules), defamation and media, employment, equity and trusts, insurance, maritime, mining, negligence, professional liability and property. He has also appeared in coronial inquests and vocational regulatory proceedings.

In the tax jurisdiction, Alain is frequently instructed to act or advise in Part IVC and other contentious matters which have involved areas including CGT, deductions, default assessments, demerger rollover relief, director penalties, foreign tax offset and tax treaty issues, fraud and evasion opinions, fuel tax, GST, judicial review (s 39B), penalty assessments, residency, small business relief, superannuation and trusts.

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

Before joining the WA Bar in early 2007, Alain was special counsel in the commercial litigation division of Corrs Chambers Westgarth. Prior to joining Corrs in 2001, he practised as a barrister in Cape Town, South Africa for seven years.

Alain 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

 

Liability limited by a Scheme approved under Professional Standards Legislation