US desk

 

Our US desk is comprised of experienced lawyers and has the capacity to advise US companies looking to do business in Australia, and Australian companies looking to do business in the US.

Hall & Wilcox has long term experience in undertaking complex cross-border transactions bridging legal, linguistic, and cultural differences in a manner that is beneficial to our clients.  We act for internationally known companies from all over the world, stock-exchange listed companies in Australia and overseas, and medium-sized companies conducting their business in Australia. We act for many of our US clients as the Australian counsel.

Drawing on our significant experience, and our wide ranging network of contacts, we facilitate our clients’ access to relevant local experts and improve the efficiency with which transactions are conducted. Our lawyers combine a deep knowledge of their clients, and the industries in which they operate, with significant experience in corporate transactions in both Australia and the United States.

Investments in US and Australia

The US is Australia’s largest direct investor. However it is a two way partnership with many Australian companies investing in the US. Combined, the investment relationship is almost as large as Australia. This is indicative of a deep relationship between countries that have a great deal in common.

Hall & Wilcox has assisted a number of international clients in a range of Australian transactions and has experience in advising Australian clients on entering into international transactions. We have extensive cross-border expertise and are well positioned to assist international clients that want to do business in Australia, whether it be the acquisition of an Australian entity or the setting up of a subsidiary or branch office in Australia.

Key practise areas

  • Corporate and commercial law, including accompanying the foundation or acquisition of an Australian company
  • Conducting litigation and arbitration, including in the law of damages
  • Commercial contracts
  • Corporate governance and directors’ duties
  • Joint ventures and shareholders arrangements
  • ASX listed company advice
  • Mergers and acquisitions
  • Franchising, retail and distribution
  • Tax law
  • Financial Services and Insurance
  • Banking, Finance and Capital Market law
  • Private clients
  • Funds
  • Employment law, including immigration law
  • Superannuation and Pensions
  • Intellectual Property law, including trademarks, unfair competition and copyright law
  • IT law
  • Property, Planning and Construction
  • Leasing
  • Property funds
  • Environmental law and Sustainability
  • Insurance
  • Product liability

Experience

We frequently act for overseas clients acquiring companies in Australia. In particular, we are able to advise on:

  • establishing the most appropriate legal structures for businesses;
  • international tax issues and tax structuring advice;
  • corporate restructures, mergers, acquisitions, joint ventures and divestments;
  • employment obligations and agreements;
  • compliance obligations of companies under the Australian Competition Law;
  • obtaining appropriate visas, immigration compliance, permanent residency and citizenship issues;
  • commercial agreements including franchise, distribution, supply and service agreements;
  • protection and licensing of intellectual property;
  • commercial and residential property transactions; and
  • whether any Australian regulatory compliance and approvals are required for a particular transaction and if so, obtaining those approvals.

 

We have assisted Australian and US companies in expanding their businesses and developing business connections in each other’s countries, such as:

  • Acting for a US public company still run by the founding family in the local acquisition of a licensee to protect its Australian retail operations.
  • Acting for a US public company still run by the founding family in the local acquisition of a licensee to protect its Australian retail operations.
  • Advising founders of a major Australian juice company on the sale of a majority stake in their investment group to a US-based private equity firm.
  • Acting for various entities within an Australian education management company, and a major Australian retail group, in their structured investments operated through limited liability companies, limited partnerships and other investment vehicles in the United States, the United Kingdom and other jurisdictions.
  • Advising an ASX-listed wastewater treatment solutions company, based in the United States, on all matters arising under the ASX Listing Rules and the Corporations Act.
  • Advising a US-based ASX-listed wastewater treatment solutions company on its acquisition of a global sustainable water, wastewater and reuse solutions company, through the acquisition of the membership interest in a Delaware limited liability company, in exchange for ordinary shares in the ASX-listed company.
  • Acting for a global re-insurance client to provide contract review services.
  • Acting for a global medical device supplier to assist with integration process following major acquisition.
  • Acting for a global pest control business to undertake multiple strategic merger & acquisition transactions in Australia.
  • Advising a US manufacturer on procedural and evidential issues under the Hague Convention in relation to product liability claim involving a catastrophic injury.
  • Managing liability claims for a major vehicle manufacturer across products in Asia. This required liaison with their officers in Japan and the United States, their claims management team, and international and local experts in relation to alleged design and manufacturing defects.
  • Acting for a major international tyre brand to defend multiple claims involving allegations of manufacturing defects under the Australian Consumer Law and negligence.
  • Acting on the merger of various listed A-REITs, including by trust schemes of arrangement and regulated takeovers and transaction management of takeover bids of US listed property REITs.
  • Acting on the acquisition of various Australian and United States property funds management companies.
  • Acting on the establishment, operation, and buyout of several Australian and United States funds management joint ventures.

Our US team

Our US team is led by Jacqui Barrett, Partner and Head of the US desk.

Jacqui has extensive experience in a wide range of corporate and commercial legal transactions working with both Australian and international companies. Jacqui regularly advises and assists clients with mergers and acquisitions, corporate structuring, corporate compliance and governance, capital raisings and managed investment schemes, ensuring adherence to all applicable Australian and international regulations. She also assists clients with day-to-day legal issues affecting their business including supply arrangements, licensing arrangements, protection and commercialisation of intellectual property, manufacturing and distribution arrangements, consultancy arrangements, terms and conditions and privacy and confidentiality issues.

Jacqui is supported by a strong team including, Deborah Chew, Partner, who began her legal career in New York, where she practised corporate and commercial law for over 10 years before relocating to Australia in 1999.

Deborah has extensive experience across a broad range of commercial transactions, including mergers and acquisitions, equity capital markets and other corporate transactions, equity investments, shareholders and joint venture arrangements, management equity arrangements, ASX listed company advice, and a wide variety of commercial arrangements.

Deborah combines a deep knowledge of her clients and the industries they operate within with a familiarity with corporate transactions that is based on over 25 years of experience in both Australia and the United States.

With a keen interest in the US market, Kelli Stallard, Partner, has extensive experience in insurance, product liability, public liability and workers’ compensation having acted for more than 30 years on behalf of both domestic and international insurers, corporations, government bodies and instrumentalities. In the insurance area she has vast experience in acting on liability claims, particularly product liability public liability and workers’ compensation.

Oliver Jankowsky, Partner, leads our international desk and regularly advises clients from Europe, China and Korea. Oliver is a corporate partner, whose practice focuses on mergers & acquisitions, corporate advisory, divestments, foreign investments and start-up capital raising. He has particular expertise in cross-border transactions advising foreign clients on their legal needs in Australia and how to enter the Australian market.

Key contact

Jacqui Barrett
Partner & Head of US Practice

In the corporate space, Jacqui regularly advises and assists client with mergers and acquisitions, corporate structuring, corporate compliance and governance, capital raisings and managed investment schemes.

More about Jacqui

Our team

Deborah has extensive experience across a broad range of commercial transactions, including mergers and acquisitions, equity capital markets and other corporate transactions...

More about Deborah

Kelli has extensive experience in insurance, product liability, public liability and workers’ compensation having acted for more than 30 years on behalf of insurers (both domestic and international), corporations, government bodies and instrumentalities.

More about Kelli
Oliver Jankowsky
Partner & Head of International Practice
  • Fluent in German - Native speaker

Oliver is a corporate partner, whose practice focuses on mergers & acquisitions, corporate advisory, divestments, foreign investments and start-up capital raising.

More about Oliver
Ed Paton
Partner & Head of SE Asia Practice

Ed’s practice covers private mergers & acquisitions (both local and international), with particular specialism in mid-market deals in Australia, distressed M&A and inbound international transactions. Ed has significant experience running large projects including company establishment, corporate restructures and succession for large family groups.

More about Ed

Mark’s practice encompasses both litigious and non-litigious applications of employment and industrial relations law...

More about Mark

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