Commercial Law

The expertise of our Commercial Law team ranges widely to cover a diversity of legal issues facing corporate entities and businesses, whether the issue is to be dealt with in isolation or as part of a broader strategy. At any given time we are actively engaged in transactional matters such as restructures and mergers and acquisitions, as well as the day to day management issues facing our clients in business such as corporate governance, compliance and customer and supplier contracts and transactions.

Our team includes accredited specialists in business law and taxation and practitioners with a breadth of knowledge and an understanding of the industries in which our clients operate. We apply these skills for the benefit of a range of entities including public and private companies, not for profit organisations, partnerships and small businesses.

With strong links through the MSI Global Alliance we have access to both interstate and overseas lawyers and are able to provide a single point of reference for our clients whether they are opening a new store in Brisbane or sourcing supply from China.

Our Commercial team can assist in the following areas:

• Business acquisition and sales

  Pre-contractual due diligence; negotiations; preparation of documentation; attendance to assignments of leases; assignments of material contracts; licensing and permit transfers; settlement; post settlement actions and disputes.

• Mergers

  Structuring and compliance issues for conduct of mergers; due diligence investigations; negotiations, compliance advice; licensing and regulatory issues; preparation of documentation; pre-merger actions; merger settlement steps and post merger actions and disputes.

• Compliance and governance

  Corporations Act compliance; directors' duties; corporate governance; compliance with ASIC requirements and lodgments; other legislative and industry specific compliance; licensing and permits.

• Competition Law and Trade Practices

  Trade Practices Act and Fair Trading Act compliance and advice; court actions; assistance with ACCC investigations; trade practices compliance programs.

• Structuring

  Advice and assistance in relation to the incorporation of entities and establishment of trusts; determination of appropriate structures including trusts, corporate entities and other trading entities; restructuring and estate planning; companies, joint ventures, co-operatives, associations, partnerships and trusts, family business structuring.

• Taxation

  Personal and entity taxation issues; FBT, GST, CGT, tax implications of transactions; effective tax structuring of operations and transactions; tax implications of acquisitions and sales.

• Not for Profits/Charities

  Advice to companies limited by guarantee; co-operatives and incorporated associations; establishing and operating a Not for Profit entity; deductable gift recipient status and income tax exemptions; membership issues, day to day operations and corporate governance; compliance.

• Aged Care & Retirement

  Advice for residents and operators in the residential aged care and retirement village arenas; mergers, acquisitions and disposals; property transactions; planning applications; applications and transfers of approved places; drafting and advising resident agreements; compliance with Aged Care Act and Principles; Retirement Villages Act and other applicable legislative and regulatory requirements; complaints; supply agreements; industrial relations; operational issues.

• Joint Venture, Partnerships and Shareholder Arrangements

  Structuring of joint venture arrangements; establishment of joint ventures; managed joint ventures, partnerships, unit trust and shareholding arrangements; drafting shareholders/partnership/unitholders agreements; protection of interests.

• Finance

  Capital raisings, bank finance and other finance arrangements; security documentation; reverse mortgages; guarantees; charges and debentures.

• Intellectual Property

  Protection and enforcement of intellectual property rights; copyright; trademark registration; design registration; confidentiality agreements; restraints of trade; licensing; franchising; e-commerce and technical assistance; research and development agreements; disputes and enforcements; injunctions and restraint of infringements;  confidentiality.

• Family Business

  Structuring of family businesses, succession planning; compliance and contracting arrangements.

• Franchising & Licensing

  Advising franchisors on establishment of franchises; advising franchisees upon franchise agreements and related terms; preparing disclosure statements; perusing and advising on disclosure statements; advising in relation to leasing issues; taxation implications; compliance with Franchising Code.

• Superannuation

  Advising on the establishment of self-managed funds; advising on taxation implications of superannuation decisions; viewing and updating superannuation trust deeds; superannuation management and compliance; superannuation planning.

• Capital Raisings

  Small and large scale capital raisings; preparation of information memoranda and prospectuses; structures and Corporations Act requirements; investment or contributions to capital raisings.

• Building and Construction

  Advising on domestic and commercial building developments and contracts; structuring of developments; subdivisions; finance arrangements; construction disputes.