Solomon Brothers

22/01/2026

Solomon Brothers launch into 2026 with continuing strong performance through our and dispute resolution practice.

With our commitment to value, excellence and knowledge, there are very few disputes that Solomon Brothers cannot handle. We are also constantly looking to improve the way in which we deliver services and take advantage of legal and technical innovation.

Our litigation and dispute resolution team is led by partners David Marsh, Chris Williams and Doug Solomon,

View or Download our Capability Statement at

Known for our success in commercial litigation, our team of litigation lawyers has extensive experience representing clients in corporate disputes.

16/12/2025

10/10/2025

🔍 2025 Patent Case: A Crucial Read on Split Decisions & Judicial Precedent

A recent Full Court of the Federal Court of Australia decision, Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131, offers valuable insights into the complexities of judicial precedent, especially in cases involving split decisions.

Key Takeaways:

⚖️ Navigating Split Decisions: The case delves into how courts should handle situations where the High Court is evenly divided, providing clarity on the application of s.23(2)(a) of the Judiciary Act.

⚖️ Precedential Challenges: It highlights the challenges lower courts face when determining which decisions to follow, especially when earlier judgments are in conflict.

⚖️ Implications for Legal Practice: This judgment underscores the importance of understanding the nuances of judicial precedent, which can significantly impact the outcome of cases.

For legal professionals, this case serves as a critical reminder of the complexities involved in judicial decision-making and the importance of staying informed about developments in case law.

🔗 Read the full article here >> https://www.solbros.com.au/why-a-2025-patent-case-is-a-must-read-on-split-decisions-and-judicial-precedent/

On 16 September 2025, The Full Court of the Federal Court of Australia delivered a very interesting judgment in the matter of Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131.

07/10/2025

🔍 When Is a Direction an Award? A Key Question in Fremantle Port Authority

In a recent case involving the Fremantle Port Authority, the distinction between a "direction" and an "award" under the Fair Work Act has come under scrutiny. This distinction is crucial, as it determines whether certain actions are subject to industrial instruments or if they fall outside their scope.

The case highlights the importance of understanding the nuances in employment law and the potential implications for both employers and employees.

Read More >> https://www.solbros.com.au/when-is-a-direction-an-award-a-key-question-in-fremantle-port-authority/

On 28 August 2025, His Honour Justice Lundberg handed down an interesting judgement arriving from a valuation arbitration.

30/05/2025

📢 Security of Payment update for Contractors and Builders! 📢

The recent NSW Court of Appeal judgment in Rewais v BPB Earthmoving Pty Ltd [2025] NSWCA 103 has significant implications for how payment claims under the Security of Payment Act (SOPA) are served electronically, including within Western Australia.

Key takeaways:
📩Email Service is valid service: The court clarified that an email address can be "specified" for service of payment claims through conduct.

📩"Ignorance is NOT Bliss": Claiming you didn't see an email won't excuse you from valid service if email service is permitted or mandated.

📩Time of Receipt: In some circumstances, email service is considered received when it is "capable of being retrieved" by the addressee at the designated email address – awareness of receipt is not required.

📩Protect Yourself:
➡️ Always have a written contract clearly specifying addresses for service.
➡️Consider setting up a dedicated email address for project-related documents to avoid missing crucial claims or other time critical documents.

This ruling emphasises the need for vigilance in managing electronic communications within construction projects to avoid costly disputes. While the WA Supreme Court could technically differ, parties should assume Rewais v BPB Earthmoving will be followed in WA.

Don't let informality lead to legal headaches. Ensure your payment claim processes are robust and compliant.

Read More >> https://www.solbros.com.au/delivery-of-sopa-claims-by-email/

Ignorance is not Bliss - Service of SOPA Payment Claims By Email: Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd [2025] NSWCA 103 [Rewais v BPB]

10/03/2025

In light of the High Court of Australia’s recent decision in Naaman v Jaken [2025] HCA 1, we have summarised the key findings regarding a former trustee’s right to indemnity after the appointment of a successor trustee.

This case note breaks down the High Court’s view on the implications of trust administration, together with discussing trustees’ rights more generally.

Read More >>

In light of the High Court of Australia’s recent decision in Naaman v Jaken [2025] HCA 1, we have summarised the key findings regarding a former trustee’s right to indemnity after the appointment of a successor trustee. This case note breaks down the High Court’s view on the implications of tr...

24/02/2025

As we kickstart 2025, here is a timely reminder to ensure your payment claims comply with the provisions of the Building and Construction Industry (Security of Payment) Act 2021 (WA) (SOPA) in order to preserve your right to adjudicate a claim, should a dispute arise down the track.

Read More >>

As we kickstart 2025, here is a timely reminder to ensure your payment claims comply with the provisions of the Building and Construction Industry (Security of Payment) Act 2021 (WA) (SOPA) in order to preserve your right to adjudicate a claim, should a dispute arise down the track.

14/05/2024

We are pleased to announce that Doug Solomon has again been recognised by Best Lawyers and is featured in The Best Lawyers in Australia™️ for Real Property Law in the 2025 edition, with a particular emphasis on Property Development.

Read the full story, with Doug's response to the peer-reviewed honour, via the article below.

Doug Solomon recognised in the 2025 edition of The Best Lawyers in Australia™ for Real Property Law with a focus on Property Development.

20/12/2021

Wishing everyone a safe and happy Christmas 🎄

17/12/2021

Solomon Brothers Lawyers Expand Global Reach

We are proud to announce Solomon Brothers have become the only Perth member of Lawyers Associated Worldwide (LAW).

In an increasingly connected and integrated global community, our clients' need for national and international legal services is increasing.

Membership in LAW connects us to more than 4,300 lawyers worldwide and will allow us to provide further assistance to our clients that operate in, or are expanding their operations into other domestic and foreign markets.

The collaboration between Solomon Brothers and LAW furthers our service capacity and ensures we can provide our clients with access to quality legal representation globally.

More >> https://www.solbros.com.au/about/solomon-brothers-lawyers-expand-global-reach/

10/11/2021

Limiting the length of submissions for claims below $50k to 10 pages.

The newly released consultation draft of Building and Construction Industry (Security of Payment) Regulations (https://www.commerce.wa.gov.au/publications/consultation-building-and-construction-industry-security-payment-regulations-2022-and) poses some interesting questions on the pros and cons of certain matters addressed by regulations. One is the proposal to limit the length of submissions for claims below $50k to 10 pages. Solomon Brothers Partner David Marsh shares his thoughts at https://www.linkedin.com/pulse/draft-sopa-wa-regulations-out-comment-david-marsh/.

10/11/2021

Delivery of documents via a cloud or document sharing platform.

The newly released consultation draft of Building and Construction Industry (Security of Payment) Regulations (https://www.commerce.wa.gov.au/publications/consultation-building-and-construction-industry-security-payment-regulations-2022-and) poses some interesting questions on the pros and cons of certain matters addressed by regulations. The vexed issue of the refusal of delivery of documents via a cloud or document sharing platform is a particular challenge where adjudications might be allocated to interstate adjudicators. Solomon Brothers Partner David Marsh shares his thoughts at https://www.linkedin.com/pulse/draft-sopa-wa-regulations-out-comment-david-marsh/.