LEGAL & STRATEGIC ADVICE
ABOUT
Michael Hotchkin
Michael Hotchkin is a graduate of the law school of the University of Western Australia, graduating in 1984 with LLB and B Juris degrees. In 1993, he left a national law firm to establish Hotchkin Hanly, from which he retired as senior partner in December 2023, in order to establish this company.
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COURTS
In that period of over 30 years, Michael appeared as Counsel in numerous hearings at every level within the Court system. His primary area of practice was commercial litigation across a substantial range of practice areas, including disputes over contracts, corporations, copyright, construction, planning, property, administrative law (usually judicial review of administrative decisions by governments) and compensation for compulsory acquisitions by government.
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TRIBUNALS
​In relation to planning matters, Michael appeared numerous times in the Town Planning Appeal Tribunal and the State Administrative Tribunal. Michael also appeared in the Administrative Appeals Tribunal on review of Federal Government decisions ranging from national health legislation and airport legislation.
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ARBITRATIONS
In addition, Michael also appeared in state, national and international arbitration on diverse matters such as leasing, construction and shipping disputes.
PROBLEM SOLVING
Michael was often asked to provide strategic advice to assist in resolving problems emerging from businesses in a way which achieved their objective, and did so in a commercially cost effective manner. His success in such matters helped establish his reputation for being a lawyer who understood commerce, and was able to think of ways in which business objectives could be achieved without recourse to litigation. Michael Hotchkin Consulting Pty Ltd will continue to provide strategic and legal advice.
SERVICES
STRATEGIC ADVICE
Not all businesses enjoy smooth sailing. They may face opposition to their desired business outcomes from various interest or lobby groups, competitors, and decision-makers within government. When businesses face barriers to their objectives, they can be assisted by advice about a strategic approach which may facilitate achievement of their objectives without the need for litigation.
AVOIDING LITIGATION TO SOLVE PROBLEMS
The problem with litigation is that it can be costly, uncertain and lengthy. If there is an available strategy to avoid those risks by pursuing a different path, then that is an attractive option for many businesses.
Michael Hotchkin Consulting Pty Ltd offers to work with clients in achieving their outcomes, knowing of the legal minefields which can surprisingly emerge, with a view to a cost effective resolution for the business. Depending on the particular problem, the strategic advice may extend to drafting letters or documents for the client to assist in their communications, as required.
IF LITIGATION IS NOT AVOIDABLE
As litigation can have unpleasant surprises, the risks associated with litigation can be mitigated by receiving second opinions about the merits of an action or of a strategic step in litigation, and a review of whether the litigation can be resolved more cost-effectively.
PEER REVIEW OF LEGAL ADVICE
Michael Hotchkin Consulting Pty Ltd offers to provide constructive second opinions to clients (including law firm) about the merit or strategic conduct of litigation, which would include advice on steps to take which might assist in bringing the matter to a quicker resolution.
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In giving such advice, the pursuit of a just outcome as soon as possible, and for minimal cost, will be the foremost guiding principle. Michael Hotchkin Consulting will not provide strategic advice to obfuscate or delay the resolution of disputes in Court. Neither will it take over the conduct of litigation, or act on the record for a party in litigation.
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On some occasions, the client might be assisted by a recommendation about an appropriate law firm to retain to provide specific legal services, which may also include advice on whether a costs agreement should be modified for the benefit of the client.
ARBITRATIONS
Arbitration is a form of litigation that takes place outside the Court system, and operates essentially when two parties decide that they want their decision determined outside the Court system because it might offer a cheaper and quicker alternative. A good arbitrator should be able to assist in achieving that objective, by focussing on the essential issues in dispute, and concentrating on the relevant evidence required to resolve the dispute. Although the parties consent to the procedure, the arbitrator determines the outcome.
MEDIATIONS
Mediators try to facilitate resolution of a dispute by parties agreeing to settle it without the need for a hearing or for anyone to decide it for them. A person with good interpersonal skills and legal knowledge should be helpful in persuading parties to understand the issues that are disputed between them and why a settlement of the disputed issues might be in their interests, as an alternative to having the decision made for them by an arbitrator or a Court.
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​Michael Hotchkin Consulting Pty Ltd can be retained by disputing parties to arbitrate a dispute or to mediate the dispute, depending on what the parties would prefer.
COSTS
Michael Hotchkin Consulting Pty Ltd would endeavour to agree a fee for the delivery of the services in advance, but if the scope of work which may be needed is too complex to calculate the amount of time which it would require an hourly rate will be charged.
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Alternatively, Michael Hotchkin Consulting Pty Ltd would negotiate a monthly retainer fee for clients who wish to retain it as its trusted advisor generally.
Address
The Forrest Centre
Level 18/221 St Georges Terrace
Perth WA 6000
Contact
0400 024 062
08 9218 7700