Services / Commercial Law

experienced lawyers on your team to guide you through the complexities [and the inevitable highs and lows of the process].

We have acted for sellers and buyers on large and small transactions in a number of industries [including financial services, professional services and agriculture

Services we provide in this area include:

• Reviewing and advising on information memorandums,
• Preparing [or reviewing] heads of agreements, letters of intent and term Sheets
• Preparing [or reviewing] and negotiating the terms of sale and purchase documentation [this is usually an extensive process],
• Legal due diligence,
• Pre-sale and investor-ready reviews and restructuring, and
• Foreign Investment Review Board [FIRB] applications.

Getting the right agreements in place for the owners of a business or an investment entity [whether the legal structure is a company, trust, partnership or something else] is not something to be left to chance or best-guess. To ensure all parties are on the same page and to avoid disputes it’s essential to have a lawyer on your team to run their legal eye over the agreement for you.

Services we provide in this area include:

• Tailored stakeholder agreements to suit the circumstances of your business or investment entity,
• Documenting sweat-equity, employee share arrangements and similar retention mechanisms,
• Facilitating productive discussions between the owners and other stakeholders to implement stakeholder agreements and deal with other issues such as business succession,
• Preparing buy/sell agreements [including dealing with insurance-funded arrangements to facilitate the transfer of equity in the event of death or disablement],
• Preparing quasi/shadow equity agreements and bonus agreements, and
• Asset protection advice.

Your business’s Intellectual Property and Trademarks represent crucial business assets that need protecting.

Services we provide in this area include:

• Trade Mark registration and enforcement,
• Patent and trademark licensing,
• Negotiating distribution and manufacturing agreements,
• Copyright enforcement,
• Protection of confidential information, and
• Privacy compliance.

Setting up and running a successful franchise is a path that can prove tricky without the right advice. We are widely experienced in franchising, and act for several household name franchise groups.

Services we provide to franchisors include:

• Preparing franchise agreements and supporting documentation ensuring compliance with the Franchising Code of Conduct,
• Reviewing and updating disclosure documents on an annual basis [and as and when required] ensuring compliance with the Franchising Code of Conduct,
• Giving guidance and management of franchisor disclosure/obligations,
• Assisting in relation to franchisee transactions, including where a franchisee wishes to sell an existing franchised business,
• Preparation of area development agreements, master franchise agreements, area representative agreements, and any other arrangements required;
• Drafting and negotiating lease and licensing arrangements for franchise sites,
• Advising and implementing intellectual property strategy,
• Advising on compliance with legislative requirements,
• Advising on other commercial and corporate matters relevant to your franchise as and when the need arises [including leasing, intellectual property, operational, and employment].

We also advise franchisees in relation to the above issues. Please get in touch to find out more.

When assisting with rural property transactions, our goal is to ensure a smooth process where all considerations are taken into account and your interests are represented within the agreement. Having acted for sellers and buyers on a number of large transactions [including over a $500 million deal to a multinational organisation], our team are experts in this area and known for taking a commercial approach while remaining practical at all times.

Services we provide in this area include:

• Preparing sale contracts,
• Reviewing and providing advice on sale contracts,
• Due diligence to thoroughly review a proposed deal, and
• the conveyancing process for rural properties [including water licensing].

Nearly all businesses have employees, but employment contracts are often overlooked. It’ is crucial to ensure your employment contracts are clear, compliant, and kept up to date.

Services we provide in this area include:

• Preparing employment contracts tailored for your business,
• Preparing executive employment contracts,
• Negotiating non-compete and restraint of trade provisions to safeguard your business, and
• Advising on bonus and equity arrangements, and key employee retention arrangements.

We also work closely with other industry experts we can involve to assist businesses deal with employment disputes and claims [ensuring that your business can get the help and advice it needs].

Helping you get peace of mind is what we love. We assist clients with their estate planning and general succession objectives by providing high quality advice and tailored documentation. Most generic estate planning involves the preparation of wills, powers of attorney and letters of wishes. We prefer to take a holistic approach to your estate planning needs.

This can involve, for example:

• Reviewing the succession of entities in your broader group to ensure they align with your wider succession objectives,
• Advice and assistance with managing the success of a challenge against your estate,
• Advice regarding the treatment of interstate or overseas assets under your succession plan;
• Liaising with your other advisors [accountants, financial planners etc] regarding your circumstances and any specific actions they may need to be involved in to suit your estate planning objectives,
• Assistance with documenting supporting agreements to reflect your arrangements and to endure after your passing.

There is no greater pain than the loss of a loved one, and in such difficult circumstances we are here to help. We offer an extensive range of services to assist with the administration of an estate, including:

• Obtaining grants of probate and reseal applications in any Australian jurisdiction,
• Liaising with the deceased’s advisors [accountants, financial planners etc] regarding the circumstances of the deceased and what each party is best placed to assist with,
• Communicating with beneficiaries and third parties with regards to assets and accounts of the deceased,
• Maintaining a trust account for funds of the deceased on behalf of the estate;
• Property transfers to executors and beneficiaries in every state, and
• Advice and assistance with managing testamentary trusts.

As each person’s circumstances are different, we will work with you to tailor an approach that is appropriate. Whatever happens, we are here to help.