Our Experience

Madgwicks' experienced commercial lawyers offer a personalised approach to providing business advisory services to clients on a local and international level.  Our clients include privately owned groups, high net worth individuals, professional services firms and Australian subsidiaries of multinational companies. Our role can range from acting as virtual in-house counsel to project specific advice.

We pride ourselves on our responsiveness, partner accessibility and a commercially focused approach, leading to practical business outcomes.

Recent Work

  • Documenting shareholder arrangements for a privately owned business to take account of succession planning and exit possibilities, including an analysis of taxation implications;
  • Drafting terms and conditions for a service provider to the real estate industry with a focus on retention of title provisions in the context of the Personal Property Securities Register;
  • Drafting website terms and conditions, including providing privacy advice, in the context of providing goods on credit for a privately owned food importer;
  • Managing the trademark portfolio for a national manufacturer on a domestic and international level and liaising with IP Australia as required with regard to opposition notices and adverse examination reports;
  • Preparing, negotiating and providing advice with respect to agreements for lease, leases and joint venture arrangements for a staged relocation of a major food manufacturer;
  • Assisting an insolvency firm in respect of the corporate and commercial law implications of their appointment as administrator, including providing employment, tax and securities advice;
  • Preparing and advising on an executive services agreement for an international consulting firm seeking to appoint an Australian resident director, including providing advice as to the enforceability of restraint provisions and shadow equity arrangements; and
  • Acting for a national franchisor in respect of issues arising from COVID-19, including providing advice on rental relief opportunities and employment arrangements for the benefit of its franchisees.

Business Advisory Services

The services we provide include:

  • Asset sales and purchases;
  • Business structuring and taxation;
  • Commercial contracts and arrangements;
  • Family and business succession planning and estate planning;
  • Shareholder agreements and governance arrangements;
  • Franchising and licensing agreements;
  • Intellectual property and technology matters;
  • Employment matters including employee incentive schemes;
  • Advising on the establishment and governance of charities and other not for profit organisations.

Our Experts

Thought Leadership & Past Experiences

Unpacking Unfair Preferences Series: Set off defence and unfair preferences

In our earlier two articles we discussed the good faith defence and the running account defence. Another commonly used defence is the defence of set off.
2 December, 2020

Unpacking Unfair Preferences Series: Running account defence

When a liquidator brings a claim for an unfair preference against a company or individual, there are a number of defences available to them. In our earlier article we discussed the commonly used good faith defence. Another commonly used defence...
25 November, 2020

Unpacking Unfair Preferences Series: The good faith defence

The good faith defence is one of the most common in unfair preference cases, however it is not successful in many cases. It is important to understand the factors and evidence which will put you in the best position to...
18 November, 2020