Comfortable with conflict /​​
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​We have broad experience successfully negotiating agreements and resolving disputes across a broad range of practice areas including: government/industry agreements, shareholder agreements, finance and security agreements, complex commercial agreements, commercial and residential property disputes, relationship property disputes, employment disputes, trust disputes, vehicle disputes, insolvency, defamation, debt recovery, and public/regulatory matters.
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We are confident and experienced negotiators /
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Though we can assist you with your 'business-as-usual' legal needs, our expertise is close negotiation. Contentious or disputed matters are not outside our comfort zone; they are our sweet spot.
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Many individuals and small businesses will attempt to resolve a dispute themselves before they engage a lawyer. Or they may go to a firm that isn't particularly confident operating in that space because it is not their focus.
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That approach risks potentially damaging admissions being made in pre-litigation correspondence, or the matter being prematurely referred on to an expensive barrister when a negotiated outcome was still possible.
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The risks are just as real (though more often overlooked) in a constructive negotiation (e.g. negotiating deal terms). Potential value can be left on the deal table, and unfavourable terms or dangerous fishhooks can end up in the final agreement.
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When you engage us:
(a) we will not tell you that unfavourable terms are 'standard' when you have sufficient commercial leverage to push back.
(b) risks, opportunities, and alternatives will be clearly signposted so that you can make a commercial decision based on your personal appetite for risk.
(c) you can save yourself the emotional stress of close involvement and rely on our technical expertise, experience, and judgment.
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We can assist you with /
Negotiation
Good commercial agreements are not merely about documenting a shared understanding. The art is in creating future options for leverage and mitigating risks. The devil is often in the details. Regardless of the particular agreement or the counterparty, we can generate creative solutions and identify areas of compromise. We will create flexibility where you need it and nail down the points that really matter to you. Our focus will always be on the big picture and what actually matters to you commercially.
We can help you get the outcome you desire without compromising ongoing relationships. We can assist you with positioning and strategy and in negotiating the fine print.
​​​Commercial
​We can assist on a broad range of commercial matters, including the following:
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Sale and Purchase of a Business
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Due Diligence
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Franchise Agreements
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Licensing
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Terms of Trade
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Supply/Services Contracts
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Employment Disputes
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Intercompany Disputes
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Consumer Legislation and Regulatory Issues.
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Corporate
​​We can assist you with the following:
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Company Formation/Structuring
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Corporate Governance
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Shareholder Agreements
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Directors' Duties
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Shareholder Disputes
Dispute Resolution
​If you are faced with a dispute, we will endeavour to get you what you want without the need for lengthy and high-risk proceedings. We advocate prudent compromise where it is to your advantage, but also know how to apply pressure and create legal and practical leverage.
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In the event you do need to litigate, we expect you will be grateful that you engaged us at an early stage. You will likely be in a stronger position for it. We can recommend expert counsel, and ensure they are well briefed. Because we do not involve ourselves in litigation, we are also well placed to give you an honest analysis of the costs and benefits of litigation, and an objective recommendation regarding whether it is worthwhile in your case.
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​Complex Issues
​Regardless of the legal principles involved, we enjoy providing opinions on complex issues that other firms may put in the 'too hard basket.' If you are faced with a legally unorthodox issue, we would enjoy the challenge of helping you get to the bottom of it.
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Strategy
We can provide a sounding board or a sanity check, help you explore your options and identify the right levers.
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Personal Services
​We routinely provide personal legal services to individuals in relation to disputed matters (relationship property, trust and estate disputes, employment disputes etc.). We also offer general legal services to valued private clients as part of our overall service delivery.
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Please enquire to learn more.