Phillip Kelly, Senior Associate

Phillip-Kelly_Senior Associate_Go To Court LawyersPhillip holds a Bachelor of Laws from the University of Sydney and a Bachelor of Arts majoring in Politics and History from the University of Western Australia. He is admitted as a Lawyer to the Supreme Court of Western Australia and as a Solicitor to the High Court of Australia.

After completing his Articles in Perth’s leading maritime law firm, he practised in commercial litigation and insolvency for a number of years. Subsequently, Phillip embraced his abiding interest in criminal law and built a successful practice. His extensive case portfolio in criminal law includes many high-profile drug importation and homicide matters.

Phillip has appeared in the Federal Courts, the Western Australian Supreme Court, District Court, and Magistrates Court representing clients in a wide range of legal matters.

Phillip is focused on achieving the best possible outcome for his clients and has the experience and expertise to accomplish this. He has particular expertise representing accused persons with mental health issues and has written a number of published articles in this field. He also has extensive experience in representing accused juveniles in the Children’s Court.

In his spare time, Phillip enjoys travel, Australian Rules Football, and cricket.

Accreditations & Memberships

  • Member of the Law Society of Western Australia
  • Member of the Criminal Lawyers Association

Success Stories and Publications

Fraud Charges Withdrawn Based on Subpoenaed Material

Our solicitor Phillip Kelly acted for a man accused of multiple counts of Gain Benefit by Fraud. The evidence for the offending, involving the transfer of funds from the Complainant’s bank account into our client’s TAB account, presented on paper as a strong case. Prosecution queried why we were taking the matter to trial.

The client instructed that the monies had been deposited in the TAB account by the Complainant himself, who had access to the account and had used the funds to finance a month-long drug binge.

Mr Kelly issued a subpoena on bank records, which disclosed that the Complainant had made an application for indemnification for his losses and that any such indemnification was wholly dependent upon a conviction being secured against our client. This gave the Complainant a clear motive to be untruthful.

Mr Kelly also obtained the complainant’s criminal and traffic history. This document ran to several pages and disclosed convictions going back over 20 years, including several convictions for dishonesty offences.

Upon learning this, the attitude of the prosecution changed dramatically and we were invited to prepare written submissions for the withdrawal of the charges. Protracted negotiations then ensued, with the final result being the withdrawal of all charges, with costs awarded in our client’s favour.

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