Corporate and Commercial Law

We offer legal advice on every aspect of running a business in Australia, from creation to insolvency and everything in-between. Our deep expertise and understanding allows us to offer creative innovative solutions to business problems.

General Business and Management

We provide legal advice on all aspects of managing a business, including managing customers, employees, landlords and suppliers.  We advise on intellectual property disputes; trade practice issues; Corporations Act; general financing; and asset protection strategies.

General Commercial Transactions

We can advise on how best to gain maximum leverage from a wide range of commercial transactions, such as:

  • Sale and purchase of businesses and companies
  • Distribution agreements
  • Agency agreements
  • Partnerships
  • Option agreements
  • Consultancy agreements
  • Tender documents

Corporate Structuring

If you are considering restructuring your business, we can provide advice on:

  • All areas of Corporations Law
  • Capital raising and company floatation
  • Partnerships
  • Franchising, from both a franchisor and franchisee perspective
  • Tax issues relating to corporate restructuring

Information Technology

We act for clients across a wide range of IT transactions and can assist in the preparation of, and advise on the risk associated with the following:

  • Software licenses
  • Requests for information
  • Requests for proposal
  • Requests for tender
  • Hardware maintenance agreements
  • Professional services agreements

Franchising

We provide advice on all aspects of setting up and managing a franchise system effectively, from both the franchisor and franchisee perspective. Our areas of expertise include:

  • development and implementation of a franchise system
  • understanding the franchising code
  • franchise agreements
  • buying and selling franchised businesses
  • disclosure documents
  • compliance manuals
  • leases
  • licences
  • intellectual property rights
  • ACCC and competition issues
  • tax issues relating to franchising

Competition Law

Brown Wright Stein helps public and private companies understand the complexities of competition law, particularly with regards to the Trade Practices Act and similar legislation governing business and trading activities. We assist in:

  • Negotiation with the Australian Competition and Consumer Commission (ACCC)
  • Disputes involving the ACCC
  • Public examinations of directors and company officers
  • Providing specific advice to corporations in connection with competition issues

Intellectual Property

We can help you license and protect your company’s intellectual property, through our advice on areas such as:

  • All aspects of trademark and copyright law
  • Licensing of rights to use various forms of intellectual property
  • Protection of confidential information
  • Remedies and dispute resolution in respect of breach of intellectual property rights

Commercial and General Litigation/Dispute Resolution

We can help to resolve commercial disputes in a way that often benefits all parties concerned. We have expertise in all areas of dispute resolution, including:

  • Participation in expert determinations and mediation
  • Conducting arbitration and court proceedings
  • Conducting actions involving negligence claims, contract disputes, product liability claims, debt recovery and problems with competitors
  • Security of Payment claims
  • Partnership and shareholding disputes
  • Corporations Law litigation
  • Trade Practices litigation
  • Intellectual Property litigation
  • Banking and finance litigation

Insolvency

Brown Wright Stein can help advise on the best approach to business recovery and reorganisation. Our expertise includes:

  • Acting for official and registered liquidators
  • Voluntary administrations
  • Public and private company liquidations
  • Company receiverships
  • Public examinations of directors
  • Insolvency litigation
  • Advising company directors, borrowers and guarantors regarding insolvency and bankruptcy issues
  • Deeds of company arrangement

Back to top

Our experience

Examples of our experience are outlined below.

  • We provide ongoing advice to a major Australian retailer in relation to advertising of goods and services, joint ventures, intellectual property licensing arrangements (where the client has acted as both licensor and licensee) and advising generally on trade practices and intellectual property law.
  • We recently acted for a large property developer in relation to the admission of a high profile chairperson to the board, which involved changes to the constitution, share issues documents and the preparation of options for the purchase of shares.
  • We assist clients in the preparation and review of tender documentation for the purchase of goods and services, with a particular focus on IT services.
  • We act under a general retainer for a large public company in relation to corporate governance and compliance, by the company and subsidiaries, within the Corporations Act 2001, Trade Practices Act 1974 and related legislation.
  • We provide advice to private company shareholders about the remedies available to them under the Corporations Act 2001 for matters including oppressive conduct, breach of directors duties and demands for auditors accounts.
  • In addition, Brown Wright Stein works with one of Australia's leading franchisors and can provide advice on all aspects of developing, setting up and managing a franchise system.

 

Back to top