commercial

Our commercial law practice is broad.

We assist at each stage of the business cycle: from planning, conception and commencement, through the life of a business and according to the needs of the business and, ultimately, until the succession, sale or orderly winding up of the business.

We represent counterparties, be they purchasers or sellers, borrowers or lenders, lessors or lessees etc. in all manner of commercial transactions.

We prepare and negotiate a broad range of plain English commercial documentation for businesses in connection with their transactions, to manage risk and to govern their internal and external relationships.

We advise businesses in respect of their legal and regulatory obligations.

The following is an extract of various projects recently undertaken, and documentation prepared, by us:

• Business sale, asset sale and share sale agreements
• Commercial leasing documentation
• Conveyancing and real property transactions
• Corporations law compliance
• Customer and supplier arrangements
• Debt and equity finance and other funding arrangements
• Franchising arrangements
• Joint venture, partnership and shareholder agreements
• Licensing arrangements
• Loan, guarantee and security documentation
• Mediations
• Management, service and employment agreements
• Property finance
• Sale and leaseback transactions
• Structured and bespoke transactions

We have particularly strong relationships with, and provide a broad range of legal services to, accounting firms and financial planning firms. 

taxation

Our principal, Andrew Baggio, has practised tax law for over 20 years in Australia, the United Kingdom and Hong Kong.

Before practising as a tax lawyer, Andrew worked with an international accounting firm as a tax accountant.

Our other lawyers are also well grounded in tax law.

We are recommended by Doyle's Guide to the Australian Legal Profession as a Leading Tax Law Firm in South Australia.

Our advice is particularly well regarded by the accounting profession for its simplification of complex issues, practical application and our preference for plain English over legal jargon.

We regularly advise accountants, financial planners, SME’s, superannuation funds and high net worth individuals in all manner of Commonwealth and State taxes including in respect of:

• Business structuring & restructuring
• Capital gains tax
• GST
• Income tax
• Trusts
• Stamp duty, payroll tax, land tax and other state taxation
• Superannuation

We regularly provide written, and where required, lengthy, technical tax opinions to accountants in respect of their clients’ tax issues.

We have extensive experience in advising clients on the most appropriate structure for their business and personal ventures bearing in mind, among other things, tax, stamp duty and asset protection/ risk considerations.

Unlike many tax lawyers, we are also very experienced in the preparation and negotiation (with financiers and counterparties) of commercial documentation in order to implement such ventures.

We have acted for a number of accounting firms and their clients in State and Commonwealth tax investigations, audits and private ruling requests.

private client

This is our moniker for the fields of law that encompass a number of overlapping areas relating to personal and business succession.

These include:

• Asset protection
• Bankruptcy and insolvency law
• Business succession/ option arrangements and planning
• Complex estate planning
• Family business disputes
• Powers of attorney/ guardianship
• Partnership law
• Probate
• Simple wills
• Superannuation (including borrowing in superannuation)
• Tax, stamp duty and other transfer taxes
• Testamentary trusts
• Trust law

For most people, estate planning has moved well beyond planning for a simple transfer of personal property. The use of trusts, superannuation, life insurance etc., together with the reality of modern financial and property arrangements and 21st century personal and family arrangements is that the transactions that occur upon death will resemble, and must be planned as, a complicated commercial transaction.

Our expertise in commercial and taxation law means that we are well equipped to manage these complexities.

We work closely with our client's accountants and financial advisors to ensure that our client's objectives are addressed.

In addition to more complex testamentary arrangements, we regularly prepare simple wills, powers of attorney (general and enduring) and advance care directives.

Our private clients include principals in professional practices, farmers and agribusiness operators and all manner of general business owners.