Our practice group delivers business operating agreements that focus on the regulatory relationship issues between you and the people you do business with. We ensure that you are provided with as much protection as possible in relation to your business dealings. These types of agreements range from on-line terms and conditions of sale through to complex logistic and distribution agreements.

Our aim is to ensure that you have a commercially effective agreement; one that results in the development of a positive business relationship with those who you are dealing with, but which can be used to protect your interests in the event of a dispute arising in the future.

The way an enterprise is structured can have a material bearing upon the financial success of an organisation. The separation of corporate and personal interests is often an important issue, as are the tax implications of certain structures. These issues affect businesses from the time they commence operating and at all times during the growth and development of that corporation or business.

Closely enshrined with such arrangements are the documents required to establish the rights, and interests of those people who are engaged in the business. From joint venture partners, to shareholders or unit holders and non-executive directors.

At Holman Webb we are dedicated to achieving commercially effective outcomes for our clients and will work closely with your accountant or financial advisers to ensure that your personal and corporate interests are appropriately dealt with.

In an increasingly litigious world the issue of corporate governance should be paramount in the business concerns of company directors, secretaries and owners. Ensuring the protocols, procedures and policies are in place and comply with all regulatory requirements is becoming an increasingly important part of doing business in Australia.

In addition, the directors and shareholders need to be aware of their rights and obligations and the liabilities they may be exposed to by virtue of occupying the position of a senior officer in a business organisation.

At Holman Webb we assist multi-nationals, start-ups and not-for-profit organisations in relation to their corporate governance issues. We prepare constitutions, by-laws and shareholder agreements appropriate to the nature of the enterprise. We then assist to ensure they are kept up to date. and provide advisory services to directors, secretaries and shareholders.

Intellectual property is an often under-valued asset of businesses. Your business’s reputation, trade marks, confidential information, processes and novel inventions are fundamental to its success. It’s therefore essential to ensure that such assets are protected.

At Holman Webb we provide detailed services to register and protect the intellectual property of your business. We also extend those services to include the commercialisation of that property via licence or sale arrangements.

Our firm is also able to assist when disputes arise regarding breach of confidentiality, copyrights, domain names, trade mark infringements as well as other breaches of intellectual property rights or agreements.

The way an enterprise is structured can have a material bearing upon the financial success of the organisation. The separation of corporate and personal interests is often an important issue, as are the tax implications of certain structures. These issues affect businesses from the time they commence operating and at all times during the growth and development of that corporation or business.

Closely enshrined with such arrangements are the documents required to establish the rights, titles and interest of those people who are engaged in the business - from joint venture partners, to shareholders and non-executive directors.

Our practice group is focused on achieving commercially effective outcomes for our clients. We will work closely with your accountant or financial adviser to ensure that your personal and corporate interests are appropriately dealt with.

Our Group partners draw upon many years of experience facilitating the sale and purchase of businesses, as well as private and public mergers and acquisitions. Our partners have: acted for both purchasers and vendors in many industries; have been involved with thorough and detailed due diligence; and worked with financial advisers to ensure that financial due diligence is also completed to the highest of levels. Structuring such transactions can be extremely important, bearing in mind the intentions and outcomes that are being sought by those involved.

Our Mergers & Acquisition team prides itself on being able to work collaboratively with you through the many issues that arise in such transactions, from preliminary negotiations to completion and post sale restraints and obligations.

At Holman Webb we have significant experience advising our clients regarding their business obligations under the Consumer and Competition Act 2010 (formerly the Trade Practices Act). Our advice ensures that our clients do not undertake conduct that could be in breach of the relevant legislation, thereby avoiding enquiries or prosecutions by the Australian Competition and Consumer Commission.

Our advice relates to anticompetitive and cartel conduct, misleading and deceptive conduct, restrictive trade practices, consumer protection issues and product recalls.

We are able to ensure that the operating agreements of your business are compliant with all relevant legislation. We also provide training to staff in relation to compliance matters.

Competition and consumer laws and their enforcement by the Australian Competition and Consumer Commission (“ACCC”) pervade business transactions conducted in Australia. This is particularly relevant to mergers and acquisitions, strategic alliances, structuring and implementing trade arrangements with suppliers and distributors or customers and developing new and unusual marketing campaigns.

We focus on delivering the correct and most efficient solution to obtaining merger clearances, defending allegations by regulators or competitors and avoiding anti-competitive conduct.

We help our clients ensure their commercial transactions are structured in a manner consistent with the Competition and Consumer Act. We advise on restrictive trade practices issues and can assist clients in ACCC enforcement investigations and any litigation dealing with allegations of anti-competitive conduct including cartel conduct, collective boycotts and misuse of market power.

Our team is experienced in consumer protection and marketing law and can guide clients through regulatory and commercial aspects of meeting consumer claims, complying with consumer legislation and bringing product to market efficiently and with enhanced compliance outcomes.

Whether you own a franchise business, are currently in a franchise business as franchisee, or are contemplating becoming a franchisee, or want to set up a franchise system, at Holman Webb we are able to provide you with a full range of services. These services are not only specifically related to the franchise business, but also general commercial structuring and asset protection issues. The responsibilities and obligations of franchisors under the Franchise Code of Conduct and disclosure documentation is becoming increasingly complex and difficult to comply with and have consequences if not addressed.

By understanding your franchise business we are able to add value by offering alternatives and solutions to the way the franchise is operated.

Whether you are seeking to raise capital by way of debt finance, investor finance, venture capital, private equity funding, or making an offer to the public, at Holman Webb we are able to provide you with the commercial and legal advice necessary for successful completion. Whether it be an initial public offering, private placement, renounceable or non-renounceable rights issues, or a back door listing, as well as debt funding arrangements, secured or unsecured or convertible notes arrangements or managed investment schemes, we are able to add value to your process.

For listed companies we can provide advice on ASX and NSX Listing Rules and your company’s compliance obligations. With our partner-level involvement in matters, we are able to draw upon a broad range of commercial experience to resolve your financing and capital raising issues.

Liability of an Incompetent Board
13-Sep-2011

Jonathan Casson, Partner
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Directors Personally Responsible for Superannuation Guarantee Payments - Further Obligations on the Way
13-Sep-2011

Simon Della Marta, Partner
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Is Using an Excel Spreadsheet Template a Breach of Copyright?
13-Sep-2011

Tal Williams, Partner
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Mortgagor's ID
13-Sep-2011

Lee Jackson, Consultant
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Accommodation Bonds - Changes to the Aged Care Act
31-Aug-2011

Tal Williams, Partner
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New Warranties to Apply to the Provision of Goods and Services
31-Aug-2011

Tal Williams, Partner and Georgie Philpott, Solicitor
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High Court to Consider Liability of Internet Service Providers for Copyright Infringement of Users
31-Aug-2011

John Wakefield, Partner and Mai Campbell, Solicitor
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Good Faith in Commercial Dealings - What does that mean?
31-Aug-2011

Tal Williams, Partner
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Remuneration Resolutions at Listed Company AGMs
30-Aug-2011

Joe Polkinghorne, Special Counsel
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Retirement and aged care residency - trends
29-Jul-2011

Tal Williams, Partner
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Centro Directors guilty of breach of the Corporations Act
29-Jul-2011

Jonathan Casson, Partner
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Budget Impact on Not-For-Profits
19-May-2011

Jonathan Casson, Partner
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Directors’ Liabilities – The State of a More Consistent Statutory Approach?
19-May-2011

Tal Williams, Partner and Georgie Philpott, Solicitor
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Can Facebook and Twitter Create Difficulties for your Business? Yes They Can
24-Feb-2011

Simon Della Marta, Partner – ACCC v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74
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What the ATO Looks for in Your M&A Transaction
24-Feb-2011

Jonathon Casson, Partner and Mia Campbell, Solicitor
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Aged Care Facilities Disappearing Fast
09-May-2011

Tal Williams, Partner, writes in the Australian Financial Review 9 May 2011 that the trend towards fewer, much larger, profit-driven institutions does not bode well for Australia's rapidly greying population.
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ASIC Win Signals Need toTake Caution with Corportate Disclosures
24-Feb-2011

Tal Williams, Partner
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Changes to Corporate Governance Principles – Effective Already
24-Feb-2011

Lena Banoob, Senior Associate
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Issues Facing Directors in 2011
24-Feb-2011

Jonathan Casson, Partner
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Are shareholders in a private company entitled to inspect books and accounts of that company?
31-Jan-2011

Tal Williams, Partner
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Changes to Paid Parental Leave Effective from 1 January 2011
31-Jan-2011

Robin Young, Partner
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Director’s Duties – What was the James Hardie Appeal About?
31-Jan-2011

Jonathan Casson, Partner and Mai Campbell, Solicitor
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How Secure is your Legal Relationship?
31-Jan-2011

Simon Della Marta, Partner
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