We’ve advised all kinds of businesses at various stages of their lifecycle and, as a business ourselves, at Nevett Ford we know the needs of an organisation and the people within it will change over time. Therefore, as business advisors, we know we need to be nimble.
We’re confident in adapting our guidance to suit each unique client and what’s most important to them at that moment in their evolution – for example, a small family business looking to raise funds by selling down assets usually requires quite different guidance to a Board of directors deciding whether to recommend a merger to shareholders.
OUR CLIENTS
We know anyone involved in business requires practical, quick and cost-effective legal guidance and solutions that are tailored to fit your circumstances and objectives. –Regardless of the size, shape or industry of our client, we factor all of the above into our advice.
We’ve worked with a range of stakeholders and industry participants with varying needs who are impacted differently by corporate and business operations including:
- established family businesses, whether operating as trustees or corporate entities
- small businesses & sole traders
- contractors & employees
- partners & joint venturers/co-owners
- CEOs & management
- Boards & Company Secretaries
- through to more sophisticated and complex corporate structures with independent directors, external investors & shareholders, and layers of corporate and statutory regulation.
Unfortunately, experience has also shown us what can go wrong when risks are ignored rather than managed or when compliance isn’t proactively implemented. For this reason, we very much prefer working in true partnership with clients to help safeguard their future – not just as emergency advisors.
BUSINESS LAW, OPERATIONS & TRANSACTIONS
The following are examples of common matters our business and corporate teams can assist clients with:
Business Structures
- Business purchases and sales including formation of new companies, trusts, co-ownership entities and other structures.
- Shareholder agreements, unitholder agreements, partnership agreements.
- Joint venture & co-investment structures.
- Business succession planning.
- Advice for directors and shareholders, trustees and beneficiaries
Commercial and Operational Contracts
- Franchising and distribution including distribution agreements, franchising agreements, and franchising Code of Conduct matters.
- Services or supply contracts, Cconsulting & specialist agreements.
- Trading terms and conditions.
- Restraint of Trade and confidentiality arrangements
- Advice on releases and indemnities.
- Protecting, enforcing or contesting security interests.
- Consumer and competition laws including Australian Competition and Consumer (ACCC) matters, Australian consumer law – misleading or deceptive conduct, unconscionable conduct, unfair practices, availability and enforcement of conditions and warranties.
- Finance agreements including advice on loan and debt agreements, securities and negotiation of terms with funders.
Corporate Matters
- corporate governance and company secretarial services, including resolutions, meeting procedures and registry guidance
- advising on, protecting and advancing the rights of shareholders and other business participants (see corporate- link)
- advice on Corporations Act requirements and constitutional matters
- share subscriptions, options and restructures
- business acquisitions and sales, including shares and assets
- compliance failures and regulator investigations and/or disputes, including assisting with internal investigations, regulator ‘Notice to Produce’ and formal investigations by ASIC or other state and federal regulators.
Workplace Relations
- Employment contracts, including employee incentive schemes and executive contracts.
- Redundancies and terminations.
- Collective contracts and union negotiations.
- Workplace investigations, and dispute resolution including mediations.
- ‘Global Mobility’ / Workforce Migration, including employer nominations, corporate and business sponsored Temporary and Permanent Residence Visas.
Property Law - Commercial & Industrial Real Estate
- due diligence and property investigation.
- contracts for purchases and sales, development projects (see Property Development)
- leasing including owner / tenant negotiations and contract review
- planning matters such as Change of Use, subdivisions etc.
See our Property page.
Licencing, Trademarks and IP Law
Conflict and Disputes
- pre-litigation dispute resolution and strategies to manage disputes
- shareholder oppression, Cco-ownership and/or partnership disputes
- Breach of Contract, including construction disputes
- other breaches and disputes such as breach of obligations, misleading and deceptive conduct
- commercial property disputes.
AUSTRALIAN CORPORATE LAW, COMPANY GOVERNANCE AND REGULATION
Corporate Governance
- Corporate Governance and management advice including guidance for directors and business operators, shareholder and board meeting procedures and voting.
- Company Secretarial Services.
- Advice on company constitutions, company meetings and procedures– compliant with Corporations Act and tailored to the objectives and realities of the business.
- Guidance on Board composition, structuring and appointment processes, skills matrix considerations and eligibility criteria.
- Directors’ duties and liabilities, access to documents and indemnification.
- Shareholders and unitholders agreements.
We also work with directors or shareholders on managing disputes and developing appropriate remedies within the bounds of the company constitution and/or the framework of Australian corporate law.
Capital Management and Transactions
- Business acquisitions and sales – share sales.
- Loans and finance – including debt and securities.
- Ventures and collaboration agreements.
- Share issues, redemptions and buybacks.
- Capital finance – preference shares, convertible notes.
- Employee share schemes.
Compliance Issues and Regulator Disputes
- Assisting with ASIC investigations or compliance.
- Advice on directors duties, liabilities, indemnities and insurances.
Regulators we have engaged with on behalf of clients include Australian Tax Office (ATO), ASIC, Foreign Investment Review Board (FIRB), local councils, Department of Immigration and the State Revenue Office (Vic).
We also advise across all operational business law issues including contracts, workforce agreements, trading terms and conditions, equipment leasing, sales and service agreements etc.
PROJECTS, DEVELOPMENTS & INVESTMENTS
- due diligence investigations, acquisitions and sales of commercial properties and development sites
- advice on retail and commercial leasing
- advice under the Building Act 2003 (Vic) and Domestic Building Contracts Act 1995 (Vic)
- property joint ventures
- planning advice and negotiations with local councils
- sport and licensing agreements.
Who You'll Work With
Stuart Wilson
Director
Peter Lumb
Associate Director
Andrew Lumb
Special Counsel
Nathan Xu
Senior Lawyer
Amandeep Sahota
Lawyer
Hilda Felices
Paralegal
Karen Lu
Paralegal
Topics We’ve Written About
The Benefits of Establishing a Discretionary Trust
A discretionary trust can be a versatile and powerful tool as it offers individuals and businesses a range of benefits. As a legal structure, it allows for the strategic management and distribution of assets and provides level of flexibility that can prove...
What business structure is right for you?
In Australia, entrepreneurs have a range of options available to them when looking to start and structure their business ventures. Each different has its own advantages and disadvantages or considerations but allows for flexibility when it comes to a business’ goals....
What is a Shareholders Agreement or Partnership Agreement?
If you are starting a new business venture in partnership with someone else, it is highly advisable to put in place a Shareholders/Partnership Agreement. We regularly receive enquiries from people who have not done so, and when a dispute breaks out it can be a messy...
What is a Buy/Sell Agreement?
A Buy/Sell Agreement is a valuable piece of your business succession plan. For those who run a business with co-owners, you should always consider a Buy/Sell Agreement as it puts measures in place to enable continuing owners to acquire the share of an exiting owner....
Director Identification Numbers – a reminder for all directors
As previously discussed in our article Director Identification Numbers – What Do You Need To Know?, all company directors must obtain a Director Identification Number (DIN). A DIN is a unique identifier allocated to all directors of companies and other Australian...
Business Expansion As A Sole Trader: Legal Factors To Consider
Starting your own business is one of the most satisfying things that you can do, and seeing it flourish and grow is an incredibly fulfilling experience. Some people kick off their business as a sole trader because they don’t know how successful it will be. But if you...
Testimonials
Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000