Whether formal or informal, any relationship in pursuit of common commercial goals is likely to be complicated and prone to exploitation.
Our team understands this and advises clients on the most appropriate vehicle to generate mutual benefits and deliver on their strategic and operational needs, while minimising risk exposure.
Sometimes this involves formalising complex joint venture or alliance arrangements to help our clients align with other companies to achieve a competitive advantage. This can involve issues ranging from manufacturing, distribution and R&D to product/services development and operating efficiencies.
We also assist with partnerships structures, shareholder/unitholder agreements and related arrangements, spanning closely held private companies to large public and private equity vehicles.
We advise on all aspects of transaction structuring, and negotiate and settle joint venture and alliance agreements. We also advise on associated arrangements, including supply, distribution, agency, franchising and licence agreements.
- Acting for ipac (Australia) in its alliance with ipac (South Africa), including use of its IP, the ipac system and financial services arrangements.
- Acting for AXA Asia Pacific in alliance arrangements with various financial planning and accounting firms.
- Acting for UNIGAS in an alliance with Midas and Sprint Gas regarding installation of LPG kits.
- Acting for national accounting firm Moore Stephens Australia in reviewing the international and Australian membership terms.
- Acting for a major national retail chain in various ownership joint ventures.
- Acting for Monash College Group (a subsidiary of Monash University) in various alliance agreements regarding inbound and outbound internship, homestay arrangements and various relationship agreements between international universities.
- Acting for a major dairy wholesaler in joint venture and supply arrangements with National Foods.
Mergers & Acquisitions| 16 Dec 2020
Pre-COVID foreign investment thresholds to be reinstated from 1 January 2021, as major FIRB reforms take effect
The across-the-board $0 monetary screening threshold for all foreign investments will be lifted on 1 January 2021, as part of the much-anticipated reforms of the Foreign Acquisition and Takeovers Act 1975 (Cth) (FATA) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
Mergers & Acquisitions| 29 Oct 2020
M&A Plus Insurance – Please mind the gap: managing the timing considerations of warranty and indemnity insurance
In Australia, warranty and indemnity (W&I) insurance has become increasingly popular in the context of private M&A transactions. Typically, the buyer takes out a W&I Insurance policy (W&I Policy) to protect against financial loss arising from a breach of seller’s warranty or under an indemnity.
Mergers & Acquisitions| 21 Sep 2020
The Federal Government has released the second tranche of its proposed reform package for the Foreign Acquisition and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
Mergers & Acquisitions| 19 Aug 2020
Earn-outs have been hammered by the pandemic. Sellers have found themselves permanently and irrecoverably separated from growth benefits they agreed to share with buyers. What can be done to address the real potential for inequity that flows from this?