COMMERCIAL LAW
The Harwood Andrews’ commercial team connects you with experience, expertise and a desire to share in your success.
We believe that viewing matters from all angles, and acquainting you with our network, will provide the greatest insights for the transaction and advice services we offer.
It could be engaging our tax or employment team on a complex M&A deal or business restructure, deepening relationships with local councils through our planning team, or working with our property specialists to execute a commercial leasing transaction.
ON THIS PAGE
BUSINESS STRUCTURING AND SUCCESSION
Embarking on a new business venture or transferring your ownership to the next generation requires connecting with a team that understands the legislative and regulatory aspects, tax effectiveness, and the associated opportunities and risks for your business and family.
Agreeing on equity, responsibilities and structure can be a balancing act, with many trade-offs required. Everyone has their own interests at heart so it’s important for everyone in your business to be in agreement and be clear on who owns what, who does what—and what happens if something unexpected happens
Harwood Andrews’ commercial team advises family businesses on management, ownership transfer, risk, tax and personal considerations during this important transition.
Talk to us about:
Identifying the best business structures for your situation.
The use of trusts in business structuring and business succession planning.
How business structure can impact your personal and business succession.
Integrated family business planning.
Minimising risks to your assets during the succession of your business.
Limiting the potential liabilities associated with your business.
Insights
TRUST LAW
The benefits of putting the right structure in place to protect your family’s wealth can serve you now and for future generations—however, navigating the complexities of creating a trust requires a guiding hand to ensure you meet your legal and taxation requirements.
Recognised as leaders in this field and having authored The Tax Institute’s ‘Trust Structures Guide’, Harwood Andrew’ commercial team are at the forefront of legislative and regulatory changes that impact trusts.
Talk to us about:
Creation and modification of trusts.
Advice on use of trusts in business structuring and business succession planning.
Trustee powers and obligations.
Taxation of trusts.
The implications of Foreign Duty and Land Tax Surcharges on a Trust.
ONLINE TRUST DEEDS
Harwood Andrews offers a comprehensive range of trust deed documents allowing you to set up your trust deeds online.
We prepare and update trust deeds, tailoring them to the individual needs of our clients.
Visit our Trust Deed Services page to get started.
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CONSUMER LAW
As a manufacturer, wholesaler, or retailer, you have a nation-wide regulation, the Australian Consumer Law (ACL), that prohibits action of:
misleading or deceptive conduct,
unconscionable conduct, and
unfair contracts and commercial practices.
Whether you’re a business that sells goods, or manufactures or imports, understanding your obligations under the ACL, including consumer guarantees, consumer product safety, fair contract terms and fair sales practice is critical to the livelihood and longevity of your business.
Talk to our commercial transactions & advice team, who partner with their clients to ensure compliance, about:
The Australian Competition and Consumer Act.
Advertising and marketing practices.
Customer terms of trade and supply arrangements.
Internal compliance regimes and dealing with the ACCC.
Do I need to provide consumer guarantees?
Despite publicity from the Australian Competition and Consumer Commission, thousands of consumer complaints are received each year about businesses unaware of their obligations.
Check whether you are obliged to comply and get a summary of what to do about it.
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COMMERCIAL CONTRACTS
Investing in well written contacts will save you when things take a turn.
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, we believe a well drafted contract can allow you to engage better with your customers and provide you with peace of mind.
Harwood Andrews’ Commercial team review, advise on and prepare commercial contracts relating to:
Loan and security documents.
End-to-end procurement processes including tender, contract, probity and review.
Partnerships and joint ventures.
Managing your commercial relationship with customers, suppliers, agents, manufacturers, and regulators.
Credit, data and privacy issues.
Industry-specific arrangements.
When clients are dealing with contractual disputes, we partner with the dispute resolution and litigation team to provide a comprehensive defence strategy.
Insights
Do I need to comply with the Privacy Act?
Protection of personal information you collect is great business, but do you have obligations under the Privacy Act as well? Check whether you need to comply with the Act and get guidance on where to go for more information. Answer a few quick questions and get an answer on the spot.
Legal Advice for the Medical and Allied Health Industry
Visit our Medical and Allied Health industry page for tools and insights into the legal landscape of the health industry.
CORPORATE AND PRIVATE CAPITAL
More than ever, companies require lawyers who are pragmatic, connected and have a healthy respect for a combination of “quick wins” and long-term vision.
Harwood Andrews’ commercial team can support your vision, challenge you and proactively identify the opportunities and risks that apply to your business and industry.
We specialise in advising SME businesses and their investors.
Talk to us about:
Raising debt and equity for your business or investing in private business.
Due diligence investigations.
Restructures.
Compliance and risk management.
Corporations Act.
Internal governance, director, and shareholder relations.
Compliance strategies that respond to new laws and provide a competitive advantage.
Planning for industry-specific regulation and responding to regulatory challenges.
Insights
Recent Mergers And Acquisitions Deals
Privacy Policy Creation
A privacy policy is a requirement for organisations governed by the Privacy Act and great business practice for those that aren’t. It’s also a key tool for ensuring your business manages personal information in an open and transparent way.
Let us create a privacy policy to suit your business.
Answer a few questions about your business and the way you use and store information and we will send you a tailored privacy policy. Don’t use an online privacy policy generator you can’t be sure will comply with the Privacy Act. Our real life lawyers will review your responses, create a policy for your business and get it sent back to you asap.
INTELLECTUAL PROPERTY
One of the most important considerations when establishing or operating a business is the protection of your intellectual property (IP)–it is fundamental to every business. Your IP is your brand identity and the very essence of what gives you a competitive advantage in business. For some businesses, the intellectual property it owns can be the most valuable asset on the balance sheet.
Harwood Andrews understands the commercial needs of our clients and offers a fully integrated intellectual property practice providing innovative and comprehensive legal advice from protection through to enforcement across a wide variety of industries.
We advise on copyright protection, patents, trademarks and designs and we work with you in addressing the many issues associated with protecting your intellectual property.
We provide expert advice on:
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Trademark applications and registration.
Selection, modification, and registration of business names.
IP audits and assessments on current use of IP.
Design applications.
Creation of IP by your employees and contractors.
Domain name searches and conflict advice.
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Contractual arrangements, including supply and distribution, software and website development, trading terms, research, and development.
Assigning IP and/or licencing including copyright, patents, trademarks, and design.
Confidentiality agreements to protect confidential information and trade secrets.
Use of third-party IP.
Franchising arrangements.
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Structuring and restructuring businesses to maximise IP protection.
Trademark monitoring.
IP portfolio management.
Clearance of advertising and promotional material.
On-going risks of infringing third party IP.
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Advice on infringements.
IP litigation, including misleading and deceptive conduct under the Australian Consumer Law.
Negotiation and settlement of IP disputes.
Defending and conduction trademark oppositions.
Challenging domain name registrations.
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Useful Resources
PUBLISHERS/AUTHORS
Harwood Andrews IP is dedicated to assisting creative and inventive individuals and businesses in protecting, commercialising, maintaining and enforcing their intellectual property rights.
Our team can work with publishers, agents and authors alike to manage the licensing of literary or other creative works, together the sale or transfer of copyright subsisting in these assets.
TRADE MARK SEARCH & REGISTRATION
Intellectual Property Trade mark applications and registrations are a key part of Harwood Andrews’ Intellectual Property practice. A trade mark is your brand. It tells your customers who you are and gives your business an identity. It can be one of the most valuable marketing tools for a business so it is important it is registered. Before applying for a trade mark it is a good idea to do a trade mark search to ensure there is not another trade mark out there that is similar to yours.
We offer a range of trade mark search options to assist you in assessing whether your trade mark can be registered in Australia. The right trade mark search for you will depend on the level of information and advice you require.
Intellectual Property Lawyers
MERGERS AND ACQUISITIONS
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.
In this fast-paced environment, it’s our deep-seated relationships, coupled with our extensive experience, that allow us to be responsive and nimble, yet critical and meticulous to support the objectives of our clients.
In conjunction with our network of accountants, brokers and financiers—and our own tax, intellectual property and employment law teams, we will guide you through the process and decisions required to execute on your purchase or sale.
We provide advice and guidance on:
Identifying opportunities
Due diligence
Share and business sales
Divestments
Business valuation
Insights
Recent M&A Deals
TAX AND SUPERANNUATION
Whether you’re planning for a tax-effective structure or responding to an ATO audit, our tax and superannuation team provides insightful and understandable commercial, tax advisory solutions.
Led by industry recognised professionals and technical tax commentators, we navigate the increasingly complex and evolving State, Federal and international revenue laws as they apply to you and offer advice as to how you are best to meet your commercial and tax obligations. We provide advice on specific taxes and assist you in efficiently managing tax disputes.
We work with many of Victoria’s leading accounting firms, financial planners, and professional services advisers, providing them with specialised taxation advice and guidance to ensure that they are achieving the best outcomes for their clients.
The knowledge and technical expertise of our tax and superannuation team is well recognised. Our team is regularly invited to present at industry events, forums, conferences and write papers, in particular for the Taxation Institute.
Talk to us about:
Income Tax.
Capital Gains Tax (CGT).
Goods and Services Tax (GST).
Employment Taxes including Fringe Benefits Tax (FBT).
Land Transfer (Stamp) Duty.
International taxation arrangements.
Property taxes.
Superannuation taxes.
Payroll Tax.
Land Tax.
Landholder Duty.
Structuring and Restructuring.
Growth Area Infrastructure Contribution (GAIC).
Advice for SMSF trustees, including managing compliance requirements.
Structuring of superannuation benefits to maximise wealth.
Property transfers into superannuation.
Dealing with revenue authorities and disputes.
