Services

• Innovative Business Solutions
• E-Commerce
• Employment & Industrial Law
• Insurance
• Environment & Planning
• Intellectual Property
• Property
• Online Precedents

INNOVATIVE BUSINESS SOLUTIONS

According to the CPA Australian Survey 2003:

• 62-65% of businesses felt that it was not possible to comply with all regulations;
• 37% of businesses still experienced difficulties with new tax obligations;
• 22% of businesses struggled with OHS;
• 80% of businesses are fed up with paperwork; and
• 40% questioned staying in business.

Business planning isn’t just a single event in the life of a business, but many owners and managers fail to review their business operations even once a year, let alone regularly enough to be effective.

It is astounding how many businesses are operating without an effective plan for the future of their business and do not effectively monitor and react to changes in the key factors that affect their business.

Although over the past decade we have enjoyed unprecedented growth, a strong dollar, lower interest rates, low inflation and low unemployment, even such a prosperous environment does not come without its challenges:

• our ageing population increasing pressure on critical infrastructure such as health and services, which will have a polarising effect on the skills shortage;
• global warming and consequent insurance premium increases;
• peak oil and escalating fuel prices;
• unprecedented levels of foreign and household debt;
• a complicated IR landscape; and
• overseas competition.

Acts and regulations now change frequently, which makes it difficult to keep abreast of obligations and bed down systems to ensure efficiencies.

Our services

• Confidential business consultations to identify legal and regulatory concerns.
• Helping businesses comply with regulatory responsibilities and identify both immediate and long term priorities.
• National and global forecasting and planning.
• Corporate governance.
• Examining business and staffing structures, insurance policies and business contracts and agreements to identify key areas where costs may be recovered and tangible improvements may be achieved.
• Implementing workplace strategies to assist businesses with present and future legal and regulatory compliance issues.
• Training management and staff to identify and understand legal compliance issues.
• Assisting with the assignment of responsibilities and accountabilities for regulatory compliance.
• Developing plans for implementing legal and regulatory compliance across the business.
• Developing commercial dispute resolution processes to identify potential dangers and advise on effective measures.
• Debt recovery strategies and procedures.
• Trade Practices compliance programs.
• Succession planning.
• Regularly measuring, assessing and reviewing outcomes.

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E-COMMERCE

The “borderless beast” we know as the Internet allows for services and information products to be sold on-line without requiring physical delivery. The potential exists for a huge boost in global trade in both services and information products because of on-line activities. Here the business model says sell cross-border because no extra infrastructure is required.

But the problem with selling cross-border is that you are likely to face a different legal regime in every country where you do business.

When businesses go to their solicitors they are not getting the answer, “What you want to do is legal or illegal”. Instead they hear, “What you want to do is definitely legal here, possibly legal there, almost certainly illegal there”. Then they have to decide how far they run their business when it may be breaking the law in another country.

Normally an e-commerce company will see its opportunity, work out its deal, set up its business partners, and only later call in its solicitors to explain and sort out the problems that emerge. I am there in the strategy stage to help guide and shape the operation with the aim of dealing with legal challenges in advance and avoiding or minimising legal problems. This early input is particularly valuable when you are looking cross border at jurisdictions which have a heavy regulatory impact: setting up one way could give you enormous legal problems, whereas setting up another way might be almost problem free.

Challenges for the Law

People often assume that because the Internet can be accessed from anywhere, no single country’s laws apply. Not true. If a company trading on the Internet is based in Australia, it must comply with Australian laws and it may also have to comply with the laws of the country of the client whom it is dealing. Consumers must be made aware of the law by which they are bound when purchasing a particular service or product.

Our Services

• Advice on all on-line issues including e-commerce strategies, hosting and content privacy.
• E-security, including policy development, practices and procedures guides and reviews.
• ISP regulation and e-commerce law.
• Website terms and conditions, hosting and development agreements.
• Privacy compliance.
• Public key infrastructure (PKI) system development.
• Identity management and authentication.
• Intellectual property protection.
• Commercialisation of technology products.
• Due diligence.

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EMPLOYMENT & INDUSTRIAL LAW

We deliver employment assistance to both the public and private sectors. In a complex IR landscape we provide ongoing recommendations to our clients on all aspects of workplace law.

Our services

• Drafting employment contracts and independent contractual arrangements across all industries.
• Management and staff training on industrial relations reforms.
• Advising on award coverage and other information.
• Drafting policies and procedures and advising on termination of employment.
• Defending unfair dismissal and unfair contracts claims.
• Advising on privacy issues.
• Preparation of individual contracts including Australian Workplace Agreements.
• Interpreting and assessing the legality of workplace contracts.
• Advising on obligations under State OH&S legislation.
• Dealing with sexual harassment allegations and implementing equal opportunity policies.
• Defending complaints.

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INSURANCE

Understanding and getting the right insurance for a business can be complex and time consuming. Because policies may vary between insurers we can review the insurance needs of a business before cover is taken out. We can also help manage insurance premiums and claims.

Our services

General Insurance

• Policy drafting and interpretation.
• General liability insurance, including:
  - claims handling for insured occupiers and contractors
    and developers
  - product liability claims
  - acting and advising on claims under specialist policies.

Life Insurance

• Policy drafting and interpretation.
• Advising on the application and interpretation of legislation.
• Acting for businesses in relation to disputed claims.

Liability

• Assessing and defending claims against insured professionals, Directors and Officers.
• Policy drafting and interpretation.
• Advising on the application and interpretation of legislation.
• Acting for businesses in relation to disputed claims.

Statutory Insurance

• File and portfolio management advice, including preparation of file management plans.
• Acting for clients in pre-litigation negotiations.

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ENVIRONMENT & PLANNING

The rapid growth in planning and environmental law over the past two decades has imposed significant legal responsibilities on both the private and public sectors. Our services play a major role in helping our clients to meet their responsibilities while achieving the commercial aims and public policy goals they are seeking.

Our comprehensive range of services covers advice on the effect of planning controls; preparing planning applications that optimise prospects of approval; amending planning schemes; managing environmental incidents and investigations; assessing environmental management systems; and negotiating with regulatory authorities.

Our Services

Planning and development

• Advising on the preparation of land use.
• Development applications.
• Resolution of complex inter and intra government disputes over development applications.
• Planning appeals.
• Resumption and compensation appeals.
• Liquor licensing applications and appeals.
• Native title.
• Cultural heritage.
• Due diligence and project management associated with mergers and acquisitions.

Environment

• Environmental compliance and audit.
• Licensing of activities.
• Environmental prosecutions and defence.
• Environmental impact assessment.
• Due diligence.
• Environmental and workplace health.
• Remediation of contaminated sites.
• Corporate reporting.

Local Government

Our local government capability within planning and environment is extensive, and includes such services as:

• planning and environmental appeals;
• prosecutions;
• drafting statutory documents, including local laws;
• legal review of statutory planning schemes;
• general advice on councils’ statutory powers and obligations; and
  
• building legislation and appeals.

Major projects

• Project management.
• Risk assessment and management.
• Strategies and procedural development.
• Management of government relationships.
• Management of community consultation.

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INTELLECTUAL PROPERTY

We help our clients create, acquire, commercialise and safeguard their intellectual property rights. We focus on legal steps and strategies that enable businesses to continuously manage their intellectual property rights.

Our Services

• Trade marks.
• Copyright.
• Designs.
• Competition law and intellectual property issues.
• Passing off.
• Confidential information.
• Licensing and commercial exploitation.
• Trade and product promotions.
• Intellectual property audits.
• Domain name, website, and other on-line intellectual property issues.

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PROPERTY

Sydney’s increasing transport congestion and chronic housing shortage have forced desperate planners to target the Hunter Valley to squeeze in an extra 300,000 people in the next 25 years – three times as many as previously projected, a government paper reveals.

… The current projected population for the Lower Hunter may be too low,” said a departmental discussion paper, circulated last month. “Given the region’s proximity to Sydney, its economic advantages and the lifestyle opportunities afforded by its local coastal location… [it] may be required to accommodate a population far in excess of current projections.”…

Our unique mobile conveyancing service means our clients can enjoy the advantages of personal time saving, and after hours appointments can be scheduled at their leisure and convenience.

Our Services

• A convenient upfront schedule of fees and disbursements.
• Leasing.
• Sales and acquisitions of real estate.
  
• Sales and purchases of businesses.
• Land subdivision.
• Financing.
• Independent legal advice.

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ONLINE PRECEDENTS

We maintain a set of Precedents for our clients in a variety of legal areas. Using our Precedents is convenient and efficient and helps keep our clients up-to-date with legislative changes.

The Precedents are easy-to-use, are regularly updated and are of a high quality.

You can browse and search for Precedents Online. Precedents can be delivered over the Internet on the day that you purchase.

The cost of each Precedent varies according to its complexity, but Precedent affordability for clients is a primary objective.

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