It’s what you know and who you know

Now – more than ever - executives require lawyers who are pragmatic, connected and have a healthy respect for a combination of “quick wins” and long-term vision.

A law firm that blindly follows client requests and doesn’t challenge reasoning and assumptions is no more than a commodity. The Madgwicks’ team work in partnership with you to support your vision, challenge you and proactively identify the opportunities and risks that apply to your business and industry.

Why? Because a trusted advisor becomes an invaluable resource to an executive in this complex, turbulent and unforgiving business world. It’s trickier than it’s ever been. Madgwicks’ reputation is built on being a provider of business solutions not just legal advisers. Our clients value the one-on-one long-term relationship with a client service partner that we provide.

The services we provide in our commercial business services areas include advice on:

  • Corporate governance and compliance issues
  • Tax and stamp duty issues
  • Business structures
  • Business sales and acquisitions
  • Workplace relations
  • Franchising, licence and distribution agreements
  • Supply and other commercial ocntracts
  • Trade practices
  • Business finance and related operational issues
  • Intellectual property
  • Dispute resolution and debt recovery
  • Risk management

Your business doesn’t operate in a vacuum and neither do we. When our business advisory team needs to – it reaches out to other areas of the firm and even looks to other business professionals who can provide advice. After all, it’s not just about what you know – but also, whom you know. It’s that combination that gets results for clients – and it’s the reason they keep calling us.

We live in a ‘knowledge world’. There’s never been a more necessary time to have right people on your side. Madgwicks’ lawyers can provide you with an experienced, yet unique perspective on the opportunities and challenges you face tomorrow.

Asset sales and purchases

Determining an appropriate approach for the sale or purchase of assets requires tact. There are times during a negotiation where it can be difficult to see the wood for the trees. For us, it starts with an understanding of your business’ position and whether you need to protect a relationship or if you’re happy to ‘turn the screw’.

No one solution fits every business. Deciding to expand or downsize your current operations through an asset or equity purchase or sale requires substantial guidance and consideration to ensure all elements of the transaction return the value sought.

Madgwicks’ dedicated team guides clients, be it the buyer or seller, through the intricacies and negotiations of the deal – as they apply to each specific situation.

With extensive experience in sale and purchase transactions, you’ll never wonder if something was left on the table. Madgwicks’ lawyers are meticulous by nature and are backed by a network that can help evaluate, strategise and most importantly, make the right deal happen.

A number of our Business Advisory partners used to run their own private businesses. And they’ve been through this exact same thing themselves. We understand that it’s stressful – but we’d be happy to help guide you through the twists and turns of a negotiation.

Contractual arrangements

Invest in written contracts and save later

Solid contracts help avoid, or at least shorten the time (and cost) spent on disputes. Whether it’s for the purchase or sale of an asset, a robust service or supply agreement with a vendor or you simply need to outline your terms of trade – investing in decent contracts today will save you money, time and headaches later.

Good contracts make good friends. When you’re starting out, strong contracts help demonstrate to prospects that you are serious. And when you’re looking to finally sell your business, strong contracts can be your biggest asset / lever when negotiating. Contracts give your potential buyer a degree of certainty.

We all want some certainty. Madgwicks can provide you with an audit of your current contracts. We’ll identify where you might be exposed – and even suggest drafting contracts that you and your team may never have considered. Ultimately, we’ll give you some peace of mind so you sleep better at night.

Structuring and stakeholder agreements

Protect yourself, protect your business

Unlike large publicly listed businesses with hundreds, thousands or even millions of shareholders and stakeholders – private businesses are inherently simpler. But that just means that even the smallest change can have a massive effect on a business’ operations and long-term health.

From the beginning (although, better late than never), selecting a business structure that balances personal risk, compliance complexity and minimises your tax obligation, is a decision that will affect you in years to come. You want to get it right.

As the business grows, more and more stakeholders; staff, investors and vendors will begin to stamp their influence.  Will you and your business be in a position to handle requests when senior staff members ask for a slice of the pie? Will you be able to successfully negotiate with investors to attract enough investment, but also not lose the entire farm?

Agreeing on equity, responsibilities and structure can be a balancing act of huge proportions. Everyone has their own interests at heart – and people have a ‘knack’ of changing their minds. Get clear about who owns what, who does what – and what happens if something unexpected happens. Our Business Advisory team has seen the good, the bad and the ugly! We’re in an excellent position to assist you.

Our Experts

Thought Leadership & Past Experiences

Sorry I didn’t get that – service of documents on a Company

In brief His Honour Justice Sifris has given a clear and detailed explanation of what will be considered proper service on a company in his recent decision in Re Kornucopia Pty Ltd (No 1) [2019] VSC 756 (‘Kornucopia’). The matter was heard in conjunction with the winding up application of two related entities, Efektiv Pty Ltd (Efektiv) […]
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Sign on the dotted line not online: Execution by e-signing may not be binding

A recent South Australian Supreme Court case has shined the spotlight back on the validity of e-signatures, confirming that it is better to put pen to paper rather than signing online. The rise of e-signing software and the dynamic nature of business has increased the desire to execute contracts with the click of a button. […]
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我买的商品不符合我的要求!我可以退款吗?Can I get a refund? Mandarin guide to consumer guarantees under the Australian Consumer Law.

简介 In brief “…根据澳大利亚法律,我们有ACCC会帮我们…“ 以上截自一个美国游戏发布平台,Steam的客户写给Steam的客服的邮件。这个案子关于一家在澳大利亚有运营的美国公司。这个案子证明了即使一个公司在澳大利亚没有员工,消费者还是拥有澳大利亚消费者法律的保护。【下面会跟大家分享这个案子】
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