CORPORATE LAW & COMMERCIAL LITIGATION

Our aim is to obtain your desired outcome in the most cost effective and expeditious manner. If possible we seek to resolve your dispute without resort to litigation. Where necessary litigation will be prosecuted or defended vigorously on your behalf. We are prepared to take on Melbourne’s larger litigation practices.

CORPORATE LAW

Business And Corporate Advice

At Legal Concerns we have wealth of experience and provide useful and practical services to our clients in regards to their business needs.We can assist you in buying or selling a business, or leasing premises, as a landlord, or tenant. We provide a support for your settlement and dispute resolution.We also give advice and assist in relation to Joint Venture, Partnership and Franchise Agreements.

Corporate Insolvency

The business environment is complex and increasingly volatile. When a business is in trouble, an experienced team who understands the issues and obligations of creditors and debtors is critical in achieving the best possible outcome.
We offer help to you and your business by providing expert advice to achieve results with certainty and speed, whilst at the same time, working to reduce the loss on other aspects of your business.

Areas of Practice

Contracts and Terms of Engagement
Sale or Purchase of assets, businesses, companies or trusts
Personal and Corporate Insolvency
Asset Protection and Restructuring
Franchise Disputes
Bank or Consumer disputes
Trade Practices issues

Personal Insolvency

Being unable to manage your debts can be caused by various reasons, some of which may be beyond your control. Sudden unemployment, ill health and breakdowns in family relationships are often events that can trigger financial hardship.
It is important to recognise financial difficulty at the earliest so that you can address the situation before it beyond reasonable control. Recognising you need help can be the first and most crucial step to avoiding resort to options that you would otherwise prefer to avoid.
We can assist you in dealing with debt including advising you of your rights and responsibilities, arranging informal and formal agreements, voluntary bankruptcy and dealing with debtors and creditors.

Credit Management

One of the biggest challenges for any business is ensuring that there is sufficient cash flow to manage the requirements of the business. By ensuring adequate Credit Management procedures are in place to ensure that you are controlling and collecting payments from your customers or clients. A good credit management system will help you reduce the amount of capital tied up with debtors and minimise your exposure to bad debts.
We can help you with drafting terms and conditions on all quotes, estimates, contracts, agreements, purchase orders, and related documentation.
Some terms and conditions that are important to consider:

Penalties for late payment
Retention of title’ clause where you retain title to the goods, or a ‘lien’ clause where you retain a clients file or documents, until payment is made
Your policy on returns and refunds
Your policy on refund of deposits
Incentives for early payment whether a fee is charged for payment by credit card

COMMERCIAL LITIGATION

Our aim is to obtain your desired outcome in the most cost effective and expeditious manner. If possible we seek to resolve your dispute without resort to litigation. Where necessary litigation will be prosecuted or defended vigorously on your behalf. We are prepared to take on Melbourne’s larger litigation practices.

AREAS OF PRACTISE

Commercial and Contractual
Disputes Debt Recovery
Property Disputes
Motor Vehicle Collisions
Building and Construction
Disputes

MERGERS AND ACQUISITIONS

Many companies choose to enter Australia by purchasing or merging with an existing company. This can be done in a variety of ways, ranging from a joint venture with an Australian company through to acquiring a publicly listed company, enabling you to enter the Australian market with an established brand and existing business systems. If the appropriate company is selected for takeover, this can also be a relatively cost effective means of entering the Australian market.

The process involved in acquiring an Australian company can be extremely complex, but will be managed by the team at Legal Concerns. We can negotiate with the target company on your behalf, put in place all necessary legal protections and documentation and ensure that the takeover runs smoothly. Australia has a unique mergers and acquisitions framework, with takeovers being regulated outside of the normal jurisdiction of courts. An appropriately structured takeover can allow for an efficient and straightforward transition process. Larger takeovers may fall within the jurisdiction of the ‘Takeovers Panel’, which regulates with the aim of achieving ‘fair’ takeovers, rather than looking to the wording of the law.

Legal Concerns offers specialist advice on these takeovers, and our team has extensive experience managing major companies through the Takeover Panel process. The team has been successful in taking over numerous companies and assets, even where the directors of the target company refused to negotiate and rejected the takeover offer.

OUR EXPERTISE

Our lead commercial transactions lawyer has experience managing and advising on commercial transactions in some of the world’s largest law firms.

He has successfully established hundreds of companies in Australia, helped structure some of Australia’s emerging investment companies and retail operations, and advised on large international takeovers.

CORPORATE STRUCTURES AND ADVISORY

Australia offers a number of different company and business structures. Legal Concerns can help you identify the best structure for liability, cost, tax effectiveness and ongoing regulations. We will also act as Australian agents, where necessary, to overcome the requirement of having an Australian resident director.

Australia’s regulatory system is highly efficient with company registrations, with most companies or other business structures able to be set up in less than a week. Beyond simply registering a company, we can help secure an office, put together all staffing agreements and other internal regulatory documents and put in place appropriate infrastructure so that your business is ready to operate.

FOREIGN INVESTORS AND FIRB

As a general rule, international investors wishing to purchase Australian real estate must receive approval from the Foreign Investment Review Board (FIRB). The FIRB was established as a mechanism to regulate foreign investment into Australia, and was underpinned by a desire to create a clear path by which companies from the United States could acquire Australian assets. As Australia drifts further away from the United States and further toward its neighbours in Asia, the direction of FIRB has slowly changed.

The unfortunate reality is that FIRB can still pose a significant administrative hurdle to investing in Australian property. There are many different ways of clearing this hurdle, depending on the individual investor’s circumstances. Larger property purchases may require significant strategic planning to work within the framework of both FIRB and Chinese outbound currency laws. We can discuss a multitude of options available.

For those who do not wish to engage with FIRB, it is possible to locate properties which are exempt from FIRB approval requirements. We can assist you in the search for one of these properties.

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