The Williams + Hughes Team

Ashley Macknay

Litigation Counsel


CONTACT
EXPERTISE
  • Establishing Foundations, Charities and DGR’s
  • Insolvency
  • Construction Disputes & Litigation
  • Mining, Exploration, Energy & Mining Services
  • Contested Wills & Estate Litigation

EXPERIENCE

During his first 10 years of legal practice, Ashley covered a diverse range of matters, from property law to various types of litigation and advocacy.

That broad introduction to the law provided a solid foundation for his current practice, which includes commercial litigation, professional negligence claims and disciplinary matters involving lawyers.  

Practising in commercial litigation almost always covers a wide range of disputes; Ashley’s practice is no exception and includes contract, property, trust and deceased estate matters.

Ashley’s professional negligence practice primarily involves defending civil claims against lawyers in the Court of Appeal, the Supreme Court and the District Court as a panel solicitor for Law Mutual (WA) (the professional indemnity scheme conducted by the Law Society of Western Australia). Ashley has acted for Law Mutual (WA) since 2002 and has developed a wealth of experience in litigation of that sort.

Since about 2008, Ashley has also practised in matters involving the regulation of the legal profession.  He has represented the Legal Practice Board (the regulator of the legal profession in this State), and also lawyers who are the subject of disciplinary proceedings, generally in the State Administrative Tribunal. 

Ashley’s interest in the regulation of the legal profession has led to him being a long standing member of the Ethics Committee of the Law Society of Western Australia, and that Society’s inaugural representative on the Law Council of Australia’s Professional Ethics Committee.  In those capacities, Ashley has been involved in the drafting of the professional conduct rules which apply to lawyers in Australia.  As a result, Ashley remains a frequent presenter of seminars on professional ethics and risk management, especially for the Law Society and Law Mutual (WA).

Ashley’s recent experience includes:

  • Advising the personal representative of a substantial deceased estate on complex issues concerning fiduciary duties
  • Negotiating and documenting the settlement of a dispute between four separate parties in the winding up of a deceased estate
  • Successfully defending a professional negligence claim concerning settlement negotiations in a Supreme Court mediation, including the successful dismissal of an appeal to the Court of Appeal
  • Successfully defending a Supreme Court action against a solicitor for negligence in the conduct of a criminal trial,  including the successful dismissal of an appeal to the Court of Appeal
  • Representing a senior lawyer in a complex regulatory investigation
  • Advising the personal representative of a substantial deceased estate on issues concerning the identification of the correct beneficiaries and the Court’s jurisdiction for judicial advice
  • Acting in the contested, but successful application for judicial advice concerning the proposed settlement of litigation by a trustee
  • Acting on several professional negligence claims involving cyber crime
  • Advising on a claim for an easement under the doctrine of the Lost Modern Grant and the Prescription Act
  • Advising on a range of issues between co-owners of properties including partition