The Law, Simply

©Baggiolegal 1 Dequetteville Terrace Kent Town South Australia 5067 p +61 8 8132 5000

about us

Baggiolegal is a specialist Adelaide law firm. Our expertise is commercial, taxation and private client law.

When you come to us, expect something different.

We take custody of your legal issues as if they were ours, creating lifelong, long term relationships with you.

Expect an advocate that is straight-talking, loves what he does and is passionate about it. Of course we are excellent at what we do; intelligent, experienced and commercial.

But more importantly, we are human.

Lawyers with personality.

Andrew Baggio - Baggiolegal - Commercial, taxation and private client law - Lawyer - Adelaide, South Australia

andrew baggio

"I’m not your run of the mill lawyer.

I am as comfortable in a pair of flip-flops as I am in a pin stripe suit.

Of course, I am good at what I do; more importantly, I’m a human being first and a lawyer second. I’ll put you at ease, understand your concerns and speak your language. You can expect plain talk and straight answers."

expertise

Andrew is an internationally experienced and highly regarded commercial/ transactional lawyer.

He is a specialist in Commonwealth and State taxes, superannuation and trusts. He is recommended by Doyle's Guide to the Australian Legal Profession as a Leading Tax Lawyer in South Australia.

He has vast experience advising on structures/ strategic issues and complex succession planning for businesses and high net worth individuals.

This combination provides a formidable pedigree for commercial, taxation and private client law.

key attributes 

Andrew speaks the language of business people. He speaks his mind. He creates solutions. His radar, judgement and intuition are extraordinary. This is why his clients value him.

He advises clients in the same manner that he would wish to be advised – clearly and without jargon, distilling simplicity from complexity, weighing risks against likely returns and providing a roadmap for informed decision-making.

Andrew is as comfortable discussing complex matters with other specialists on a technical level as he is discussing commercial and family business issues with clients on a personal level.

Andrew’s combined experience as a commercial, taxation and private client lawyer is invaluable in a world where tax lawyers work within an academic vacuum, commercial lawyers are ignorant to tax opportunities and consequences and private client lawyers have little understanding or experience of commercial law, structures and tax/ superannuation.

background

Andrew has over 20 years domestic and international experience as a lawyer.

Before returning to Adelaide in 2005, Andrew worked as a commercial and tax lawyer in international law firms in London, Melbourne and Hong Kong. He has worked on secondment in an investment bank and as a tax accountant with an international accounting firm.

qualifications and memberships

Bachelor Degree in Law, LLB (University of Adelaide)

Masters Degree in Taxation, MTax (University of New South Wales)

Bachelor of Arts, BA (University of Adelaide)

Graduate Certificate in Legal Practice, GCLP (University of South Australia)

Fellow of the Tax Institute of Australia, FTIA

Member of the Society of Trust and Estate Practitioners, STEP

contact andrew

Contact Andrew on 08 8132 5000 and andrew@baggiolegal.com.au

Claude Kong - Baggiolegal - Commercial, taxation and private client law - Lawyer - Adelaide, South Australia

claude kong

expertise

Claude has significant experience and expertise in advising clients on franchising (having acted for both franchisors and franchisees), property law matters, conveyancing, retail/ commercial leasing and other commercial transactions.

In addition, he has extensive knowledge and an in depth understanding of wills, deceased estates and probate administration, and has assisted a broad range of clients in achieving their commercial and estate planning objectives.

key attributes

Claude’s key strength is his ability to listen to what a client expects to achieve from a particular transaction or problem, and then work closely with the client to achieve their desired result, while exceeding their expectations in the process.

He strongly believes that clients should be properly informed of all their options before undertaking a particular course of action, and will patiently take the time and effort to ensure that the client understands their options and legal rights in a succinct and simple manner.

With many years of experience in a broad range of commercial transactions, Claude applies his exceptional analytical skills, eye for detail and thoroughness to assist his clients to solve their legal issues in a timely and cost-effective manner, without compromising the client’s desired outcome.

His ability to apply his legal knowledge and considerable experience in a commercial and realistic manner, his loyalty to his clients, and to think ‘beyond the box’ and visualise the broader picture, set him apart from his peers. 

qualifications and memberships

Bachelor Degrees in Law, LLB with Honours (University of Adelaide)

Bachelor Degree in Commerce, BComm (University of Adelaide)

Graduate Diploma in Legal Practice, GDLP (Law Society of South Australia)

Fellow of the Tax Institute of Australia, FTIA

Certificate in Foundation/ Applied Tax (Tax Institute of Australia)

contact claude

Contact Claude on 08 8132 5000 and claude@baggiolegal.com.au

Hope and Eimear - Baggiolegal - Commercial, taxation and private client law - Lawyer - Adelaide, South Australia

Hope and Eimear are an integral part of Baggiolegal.

Chances are, your first conversation or interaction with us will be one of them. Together, they provide a warm welcome to our clients and the glue that binds our firm together.

Hope Drewett

Hope has been with Baggiolegal since 2007. She is our office administrator. Hope has an Advanced Diploma in Conveyancing.

Eimear Baggio

Eimear is our practice administrator. She troubleshoots across the firm, from regulatory compliance, to public relations, to HR management. Eimear has a Bachelor in Laws (LLB) and significant experience working as an investment banker in Adelaide, London and Asia.

what we do

We manage your risks, provide certainty and create solutions for you by providing excellent and intimate legal services.

We provide clarity and peace of mind.      

We assist our commercial and tax clients to traverse the business cycle - from planning and structuring, through managing growth, risks and opportunities through preparing for, and implementing, an orderly and rewarding exit by sale or succession.

We assist our private clients to navigate complex laws and issues that affect themselves, their families and their entities. This includes assisting with asset protection strategies, estate planning, superannuation and the transition and succession of wealth and structures.

                       

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.

who are you

Our clients are diverse; but they share a common view that their lawyer should be personable, efficient, accessible and accountable... and very different to the large law firm variety.

They include:  

  • Accounting firms  
  • Commercial landlords and tenants
  • Family business         
  • Farms, viticulture and agribusiness
  • Financial advisory firms 
  • Franchisors and franchisees
  • High net worth individuals
  • Medical, dental and allied health
  • Professional services
  • Property developers 
  • Retail and manufacturing
  • Start ups/ seed and venture capital
                               

scoop

Scoop is a bulletin issued by Baggiolegal from time to time. It gives you the scoop on legal and tax issues you need to know about.

Scoop is brief - it will give you the best return from any single minute of your time today.

If you want to subscribe, email scoop@baggiolegal.com.au

< download previous scoop issues from here

Baggiolegal Scoop June 2017 - Pre-1 July 2017 SMSF Transfer Balance Cap Commutations - June 2017

Transferring the Buck! - The new electronic land conveyancing regime - April 2017

Land Tax Grouping - Discretionary Trusts Under Attack - March 2016 - March 2016

SA State Budget 2015-16: Backin’ Business! - June 2015

New Year’s Resolutions – Make 2015 the year! - January 2015

New Franchising Code – ‘Tis the Night Before Christmas - November 2014

PPSR - Watch Out! - October 2014

Personal Property Securities Act – Time’s Almost Up - August 2013

Trust Distribution Minutes - Shifting the goals - April 2013

Business Succession - Plan now or perish later - March 2013

Legal Structures - April 2012

Personal Property Securities Act – A Game Changer - February 2012

Abolition of stamp duty on business transfers in 2012… forget it! - December 2011

Sharper teeth for State taxes - December 2011

EOFY Entity Run Out - Don't Buy a Lemon - June 2011

order an entity

Ordering an entity is easy. If submitted correctly and paid for before 4pm, we can establish an entity on the same day.

Just follow these four steps.

If you have an queries, call 8132 5000 or email entities@baggiolegal.com.au

We prepare the paperwork and establish your entity

guides

We have prepared various Guides in response to many common queries made by our clients. Our Guides are general in nature and must be read as such.They should not be acted upon without considered advice and application to individual circumstances.

Please read our Guides and then contact us to discuss how we can assist you.

andrewisms

Over the years, Andrew has developed various Andrewisms so clients can better understand the mysteries of legal services and the law.

Some are original, others you may have heard before….

On purchasing on-line documents: It’s an (un)lucky dip for grownups. You pay $60. Then, when you need the document, you unwrap it and see what’s inside. What a disappointment!

On assuming it will all be ok: It's all ok, until it's not all ok

On taking legal advice from an accountant/ financial planner: Would you take medical advice from a vet? Would you take veterinary advice from a doctor? You get the picture…

On self-diagnosing/ googling your legal issue: Would you self-diagnose/ google a suspicious tumour? No - you would get hold of the best practitioner you could find. So why do different for a serious legal issue?

On preparing your own will: You DIY a bridge over a ravine, load your family into your car and drive over it… sound crazy? So why are you doing your own will?

On the cost of good lawyers: Buy cheap, you get cheap

On using specialist lawyers: Do you know a good GP for your arthroscopy? Do you know a good anaesthetist to remove that skin cancer? Do you know a good personal injury lawyer for your business sale, estate planning or tax advice? You get the picture…

On taxation law: Think of the logical answer. Reverse it and you’ll be on the right track

On our legal system: It is imperfect, slow and expensive. Take prior legal advice, and use sound and clear documentation prepared by a good lawyer - so you don’t need to go there

On litigating: Litigating is like a series of complicated and invasive medical procedures. It is a last resort. Even with the best practitioner, it is risky and the outcome is unknown. It will take longer, and be more complicated, than you can ever imagine. It will be expensive and require lengthy rehabilitation. You will spend too much time in uncomfortable, foreign environments that you do not understand. Success is often pyrrhic – what healthy organs have been destroyed in the process? Was it worth it?

On going into business with another person: There is nothing more complicated in life than going into business with another person. It makes marriage look easy. Make sure you get a business ‘prenup’ – partnership agreement, shareholders agreement etc. to limit the risk on separation. Unlike marriage, there is no Family Law Act to assist if you fall out

On handshake agreements: They are as good as the paper they’re written on

On things lasting forever: Nothing lasts for ever

When you assume: You make an Ass out of U and Me