Examples of our work
Dispute – Property, Conditions of Development Consent
The Client: Property owner.
Issue: Our client sought development approval for the construction of a new family home. The property included items of heritage significance and ownership of part of the property was council owned and part client owned. Council approved the development subject to a number of conditions which were unacceptable to our client.
Result: We represented the client in a successful appeal of the decision before the NSW Land & Environment Court. The conditions of council were overturned and our client can proceed to construct the new family home.
Dispute - Partnership
The Client: Medical health professional
Issue: Our client was a partner in a dental practice. A dispute arose between the partners and we advised our client on his options.
Result: We provided our client with all relevant information regarding rights and obligations and risks concerning the dispute.
Mergers & Acquistions
The Client: A large industrial company with real property and mining interests in NSW.
Issue: A consortium sought to purchase all of the mining leases and real property of our client.
Result: Working with our client we reviewed all of the disclosure material, established an electronic data room, identified group assets to be excluded from the sale, drafted and negotiated the share sale agreement to completion.
The Client: Owner of a media business.
Issue: Our client agreed to sell a portion of the business to a key employee to assist with the growth of the business.
Result: We advised our client with respect to the establishment of an electronic data room and guided the client through the negotiation and execution of the share sale agreement and shareholders agreement.
Shareholders agreement, Competition law
The Client: A group of medical professionals owned shares in a company which provided services to medical practitioners.
Issue: Restructure the shareholdings to allow entry of new shareholders. Identify and advise on relevant competition law concerns.
Result: We revised the shareholders agreement; conducted a competition law compliance review and advised on systems to ensure compliance with the anti-trust provisions of the Competition and Consumer Act. We prepared all the documentation to complete the restructure of shareholdings in the company.
The Client: A specialist services provider to oil refineries, petrochemical plants, mines, cement works, pulp & paper mills, utilities and dairy companies in Australia, New Zealand, the US and the Middle East.
Issue: Act as in-house counsel following sudden departure of general counsel until permanent replacement found.
Result: We provided in-house services on a part-time weekly basis from the company’s office in Sydney and remotely so as to ensure a smooth transition for the business following the General Counsel’s departure. During our appointment we provided advice on complex land and business acquisitions, joint ventures, tender responses, supply contracts and handled the usual legal enquiries from the business. We provided a handover to the newly appointed permanent replacement.
Corporations Law, Directors & Shareholders
The Client: A shareholder and director in a private company. Until recently the director/ shareholder was involved in the management of the business.
Issue: Our client was concerned about the management of the company and that decisions were being made without his knowledge.
Result: We advised our client about his rights and suspected breaches of the Corporations Act and set out a recommended course of action.
The Client: A non-executive director in a private company.
Issue: Our client was concerned about the solvency of the company.
Result: We advised our client on his potential personal exposure for insolvent trading and the matters needed to be addressed by the shareholders about their ability to ensure the solvency of the company.
The Client: A multinational building and materials supplies company appointed a number of specialist recruiters to a panel of suppliers.
Issue: Document the agreed commercial terms in an appropriate agreement.
Result: We documented the service level panel agreement for use by the business to the satisfaction of the client.