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Brenton Oakley

Special Counsel

Perth

+61 8 6317 0453

Brenton joined Moray & Agnew in 2021 after 10 years with Kott Gunning’s Local Government, Commercial and Property Groups. He has extensive experience across a variety of legal areas including local government law, commercial law, property law, and commercial litigation.

EXPERIENCE & EXPERTISE

Brenton currently provides planning, building, procurement, complex contract and governance advice to metropolitan and regional Local Governments relating to matters governed by Town Planning Schemes, Local Government Planning Policies and legislation, including the Local Government Act 1995, Land Administration Act 1997, Planning and Development Act 2005, Transfer of Land Act 1893 and Building Act 2011.
Brenton’s experience extends to managing the response to applications for the review of local government decisions in SAT and planning and building compliance in the Magistrates Court. Generally he has appeared as Counsel in all Western Australian State Courts, and the Federal Court.

Brenton has advised banks, credit providers, public and private companies on securities, risk and the PPSA, Corporations Act compliance and governance including the drafting of a variety of commercial documents including tender packages, confidentiality and restraint of trade conditions, trading terms and conditions, credit application terms and conditions, call option deeds, shareholder agreements, service contracts, assignment of debts, and partnership agreements.

Brenton has also advised commercial property owners including local governments with respect to land use matters including the preparation of sub divisional contracts, leases, licenses, easements, restrictive covenants and management statements.

ACCOMPLISHMENTS

Between 2015 & 2021 Brenton has provided local governments in Western Australia with:

  • more than 100 legal opinions on matters related to planning, governance and statutory construction; and
  • more than 40 legal opinions on contract and tender related matters.

Recognition

Brenton regularly presents legal education and training to local governments on topics including financial disclosure, receiving gifts, delegations and authorisations, Emergency Management, the Planning and Development Act, Building Act, Local Government Act, Corruption Crime and Misconduct Act, encroachment and adverse possession, discretionary decision making, and Contract law.

Brenton has also presented legal education and training to the legal profession and clients on implied contractual terms including the duty to act in good faith in contract negotiations, on unfair contracts legislation, on issues relating to the enforcement of land sale contracts, on leasing crown land and the Associations Incorporation Act 2015.

Expertise

Qualifications

  • Bachelor of Laws, 1994, University of Western Australia

Memberships

  • Law Society of Western Australia
  • Property Council of Western Australia