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 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 its growth and development.

Closely enshrined with such arrangements are the documents required to establish the rights, and interests of those 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 we 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 with 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, trademarks, confidential information, processes and novel inventions are fundamental to its success. Protecting these assets is essential.

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.

We can assist you when disputes arise regarding breach of confidentiality, copyrights, domain names, trademark infringements and other breaches of intellectual property rights or agreements.

Asset protection consists of the utilisation of legal devices and strategies to protect personal wealth and assets from actions by creditors that arise from unrelated business activities. The separation of corporate and personal activities is worth being carefully explored. The vesting of legal title, identification of owners, and utilisation of appropriate trust structures can go some way to ensure that personal assets cannot be seized in the event of an adverse business event occurring.

Asset protection extends to creating systems to protect assets, including intellectual property, from exploitation and ensuring that the benefits of ownership are retained by the legal owner. This may involve licensing and escrow arrangements, trust arrangements, the utilisation of agents and various other devices depending on your own individual and business situation.

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

Our group draws 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, been involved with thorough and detailed due diligences, 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.

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 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.