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Commercial & Business Services
Heard McEwan Legal has many years experience in banking and finance. We have undertaken extensive mortgage transaction work in commercial, industrial, construction and residential loans.
This has involved:
• securities documentation;
• advice on financial provider compliance needs
• property financing advice
• restructuring finance advice
• refinancing
• taxation advice
• arrangements regarding workouts
• securities enforcement;
• mortgagee in possession work;
• debt recovery; and
• other associated litigation.
Building contracts are complex. Legal issues with substantial financial risk for both parties sometimes arise during the course of construction.
The key is to ensure that building contracts are well-prepared before work commences and that the job complies with all relevant environmental and local government regulations. Sound legal advice and representation can not only clarify legal responsibilities and obligations upfront, it can also reduce the time spent negotiating disputes or misunderstandings during the carrying out of the work.
Heard McEwan Legal’s team of commercial lawyers possesses a variety of skills, expertise and experience. They can assist clients with:
• drafting building contracts and related commercial agreements;
• advising and representing clients with respect to local government development requirements;
• identifying environmental requirements and representing clients in the Land & Environment Court;
• building contract disputes and litigation, including multi-party liability litigation;
• mediation, arbitration and alternative dispute resolution with respect to building disputes and recovery of damages or payments due under the terms of a
contract as well as security of payments and related issues;
• representing builders in licensing proceedings.
The Corporate & Commercial team at Heard McEwan Legal has accumulated many years of experience in commercial matters, working for a variety of clients ranging from Australian divisions of multi-nationals to family businesses.
The team provides expertise and legal advice on a range of corporate issues including:
• Commercial Agreements;
• Corporations Law including directors’ responsibilities;
• Distribution and Licensing Agreements;
• Employment Law;
• Franchising;
• Intellectual Property;
• Joint Ventures;
• Mergers and acquisitions;
• Purchase and sale of businesses and companies;
• Structuring of business ventures;
• Trade Practices Law.
Heard McEwan Legal offers an innovative litigation and loss recovery service through its one-stop shop Wollcom Credit Management Services. Click on the link to it to discover:
• expertise;
• cost effectiveness;
• on-line 24/7;
• service guarantees;
• convenience;
• results.
To complement Wollcom Credit Management Services we have highly skilled Solicitors who can assist you in many areas of the law including:
• reviewing and advising on documentation including terms and conditions, guarantees and credit applications;
• providing general commercial legal advice on issues such as retention of title clauses, bankruptcy, insolvency, company liquidation and deeds of arrangement;
• reviewing and/or drafting commercial contracts, deeds and agreements;
• advising on aspects of industrial relations and employment law;
• facilitating speedy commercial settlements through mediation;
• undertaking appropriate Court actions for the enforcement of securities.
Heard McEwan Legal has extensive experience advising on workplace issues and representing clients in workplace legislation. The constantly changing and complex nature of legislation in this area has meant that clients have become increasingly reliant on seeking expert advice and representation to ensure they understand their responsibilities, rights and obligations and to manage the risks of disputed claims.
Heard McEwan Legal also provides advice and representation in workplace litigation such as:
• unfair dismissal and unlawful dismissal;
• breach of contract claims;
• underpayment claims;
• unfair contract claims (Independent Contractors Act);
• discrimination claims;
• defending Occupational Health & Safety Act prosecutions;
• Award interpretation and pay disputes;
• misuse of confidential information and restraint of trade disputes;
• defending Workplace Ombudsman proceedings;
• industrial disputes.
Heard McEwan Legal understands the unique relationship involved in franchising as well as the laws that control it. We offer cost effective advice to help reduce the risks associated with operating a franchise and increase opportunities for continual growth.
The Heard McEwan Legal team works with both franchisees and franchisors to tailor the right solutions to meet their long term objectives.
• franchisor representation;
• document and system creation;
• franchisee advice and business setup;
• dispute resolution;
• advice on related areas such as Trade Practices Act, Corporations Act and Intellectual Property.
If you are a franchisor, setting up a new franchise, converting your existing outlets into a franchise network or conducting a well-established franchise with a number of franchisees, Heard McEwan Legal can assist you with all the requirements ahead of you.
As a prospective franchisee buying into a franchise or as a franchisee selling a franchised business, there are many issues to consider and Heard McEwan Legal has the experience to guide you through them.
Heard McEwan Legal provides the following services:
• advice to liquidators and administrators at all stages of administration;
• corporate governance advice;
• advice to business owners on the effects of external administrations and receivers;
• advice on recovery options for creditors including secured creditors;
• court representation for external administrators, companies (and their directors) and receivers;
• advice for directors negotiating with secured creditors and dealing with the appointment of receivers;
• advice to individuals on the consequences of bankruptcy;
• advice and representation to trustees of bankrupt estates; and
• advice on corporate restructuring.
The law protecting intellectual property has become increasingly complex. Heard McEwan Legal’s experience in assisting clients with a whole range of issues in this area has allowed us to develop a highly practical approach to identifying and managing risks as well as representing clients in commercial litigation.
The areas of expertise offered include:
• copyright protection;
• patents;
• trademark registration
• business name registration
• confidential information
• inventions, designs and creative work;
• internet issues;
• e-commerce procedures and documentation;
• employees, contractors and intellectual property;
• intellectual property audits;
• risk management and compliance.
In 2008 Liquor legislation in NSW was reformed with the introduction of the Liquor Act 2007 and Liquor Regulation 2008. This impacted on existing and proposed liquor operators. The Licensing Court and Liquor Administration Board were replaced by the Casino, Liquor & Gaming Control Authority. Registered Clubs became subject to parts of the new legislation. Licence types were revised and we saw the introduction of Community Impact Statements (CIS). These are now required in the majority of applications to be made to the Authority. They gauge potential impacts of new hotels, clubs, bottle shops, restaurants and other licensed venues on local communities. Licensed venues seeking extended trading hours and certain changes to licensed areas will also be subject to this process. A CIS must be prepared before a liquor licence application is made and it will summarise the results of consultation by applicants with local councils, Police, health, Aboriginal representatives, community organisations and the general public.
A properly prepared CIS will assist the Authority in considering the likely social impact of an application on the local community, gauge the level of community support for the proposal and assist the application’s success.
Heard McEwan Legal has extensive experience in the Liquor Law area representing a substantial number of hotels, clubs, restaurants, bottle shops and other licensed premises throughout the Illawarra region for many years.
The sale, purchase or lease of any licensed premises raises a number of issues which must be carefully considered in the transaction so as to protect your interests and investment. These include:
• transfer of liquor licences;
• which party holds the gaming machine rights where there is a sale of a hotel;
• special conditions which should be inserted into the contract for sale;
• impact of lease clauses.
Especially since the introduction of the new legislation, the handling of complaint and disciplinary matters instigated by the Police or Director of Liquor & Gaming has become of greater importance. Heard McEwan Legal is equipped to handle all your needs.
The result of acting for many of the region’s Clubs has meant that Heard McEwan Legal has a thorough knowledge of the Registered Clubs Act.
Heard McEwan Legal’s Litigation & Dispute Resolution team is renowned for getting results. It has substantial experience in a variety of legal practice areas and is often able to resolve situations for clients through alternative methods of dispute resolution such as mediation and arbitration. Representation in tribunals and courts is available if necessary.
Areas of expertise include:
• bankruptcy and insolvency;
• building and construction disputes;
• confidentiality disputes;
• contractual disputes;
• Corporations Law and disputes;
• debt recovery and credit management;
• employment law;
• enforcement of commercial agreements;
• licensing and franchising;
• Occupational Health & Safety;
• privacy legislation;
• property disputes – leasing/mortgages;
• protection of intellectual property;
• shareholder disputes;
• Trade Practices legislation.
Employers, controllers and self-employed persons are the subject of strict legislative requirements to ensure the health, safety and welfare of employees, visitors, contractors and others in the workplace. Breaches of the legislation can expose you, your organisation and individual directors or managers to significant financial penalties as well as disrupting productivity and impacting workers’ compensation premiums.
Heard McEwan Legal can help you to minimise your exposure to incidents in the workplace by providing:
• advice as to how the OH&S legislation, codes and standards apply to your business;
• pro-active risk management and compliance solutions;
• assisting in incident investigations and dealing with regulatory authorities;
• advice in relation to OH&S aspects of commercial transactions including due diligence enquiries;
• advice in relation to workers’ compensation premium minimisation and audits;
• access to experts, both legal and non-legal to assist in your compliance.
We endeavour to understand the totality of your business and the various factors that can affect it. In this context we can advise and implement practical solutions to your management of safety issues which fit within the overall goals of your organisation.
Privacy laws came into effect in 2001 to control the way private sector organisations handled personal information.
Heard McEwan Legal’s team of experienced lawyers can ensure your business complies with the law and is not exposed to potential penalties:
• privacy audits;
• establishing compliance programs;
• development of privacy policies.
Heard McEwan Legal works closely with our clients from the beginning of a project until after its completion. Experienced people will provide you with prompt, practical and cost effective solutions. You can rely on Heard McEwan Legal’s property industry knowledge and experience and will benefit from Heard McEwan Legal’s ability to work closely with councils, financiers, contractors, property managers, engineers, town planners, real estate agents and other consultants. As the result of Heard McEwan Legal’s involvement in the property development and finance industries over many years it has the depth of experience and practical knowledge you need to further your interests.
Heard McEwan Legal has acted on large developments, both locally and interstate, involving thousands of allotments of land, houses and home units as well as developments with commercial and retail facilities. These developments have often taken a number of years in the planning and construction and as a result different approaches have been implemented in the light of legislative and economic change.
Heard McEwan Legal appreciates the need for prompt advice and action to ensure projects are finalised rapidly and effectively and that contracts are entered into without delay. It provides an efficient reporting service to developer clients, tailored to suit each specific need.
Having handled many major commercial and retail leasing projects, Heard McEwan Legal’s knowledge of this sector of the property market is extensive.
Other areas regularly covered are:
• community title developments;
• retirement village developments;
• advice about easements and restrictive covenants on neighbouring developments;
• advice on Development Applications;
• arranging joint venture agreements;
• negotiating options, contracts and conditions of sale;
• negotiating with Government Departments and councils;
• negotiating with neighbours in relation to developments;
• setting up developments and advising on staged developments;
• land tax, GST and Capital Gains Tax advice;
• providing advice as to the taxation effect of different business structures;
• title consolidation;
• title issues and land rights including Aboriginal Land Rights legislation;
• invitation to tender and tender documentation;
• stamp duty factors.
Has the value of your externally administered superannuation fund dropped alarmingly?
Would you like to take direct control over your own superannuation investments?
Did you know that a Self-Managed Super Fund can now legally borrow to purchase investment property?
Utilising our relationships and strategic alliances with other suppliers, we can show you how you can set up your own Self-Managed Super Fund which will be legally compliant and which may allow borrowing within that Fund to enable the purchase of an investment property.
The documentation required to permit this borrowing must be prepared in a precise form otherwise you will risk non-compliance with the law. At Heard McEwan Legal we are experienced in the preparation of documentation of this kind. Enquiries are welcome from accountants interested in finding out how their clients can avail themselves of this facility.
All businesses need to be aware of how competition law affects the way they operate within a particular market; what you can and can’t do, what your competitors can and can’t do and what the ACCC can do.
It is essential to minimise the risk of infringements as every business has its own issues and its own risks. Heard McEwan Legal can advise you in the following areas:
• action against anti-competitive conduct engaged in by others in the market;
• competition law implications of clients’ business activities including:
• misuse of market power,
• price fixing and re-sale price maintenance,
• exclusionary arrangements,
• exclusive dealing and refusals to supply;
• disputes about misleading or deceptive conduct in commercial dealings;
• the parameters of “unconscionable conduct”.