COMMERCIAL
We have a keen focus on the commercial reality of matters, to ensure that our documentation and advice delivers the value and benefits that our clients need to achieve their commercial objectives.
Mangioni Biggs + Co provides legal assistance with all types of commercial transactions, and legal advice on a wide range of commercial issues. Our experience is broad, covering a range of industries including media and broadcasting, technology, building products, advertising and marketing, agribusiness, transport and logistics, entertainment and professional services.
Our areas of expertise include:
Our team has had the carriage of a large number of private-treaty acquisition and disposal transactions, including acting for directors, shareholders and external controllers in both local and cross-border asset and share sale and purchase transactions. We expertly prepare and execute all legal aspects of private-treaty acquisition and disposal transactions, including:
- Share sale and purchase agreements
- Business and asset sale and purchase agreements
- Binding and non-binding term sheets and heads of agreement
- Transaction non-disclosure agreements
- Standstill agreements
- Business licence agreements
- Financing agreements (including vendor finance)
- Buy and sell side legal due diligence
- Data room management
- Liaison with corporate, tax and other external transaction advisors
- Employee and business transfers
- Project management of all aspects of transaction completion
- Transitional services agreements
- Post-completion earn-outs
The lawyers in our commercial team are vastly experienced in preparing and negotiating a broad range of commercial contracts, including:
- Distribution agreements
- Supply agreements
- Shareholder and joint venture agreements
- Terms and conditions of trade
- Consulting agreements
- Loan and security agreements
- Software development and software installation agreements
- Software licensing agreements
- Software support and maintenance agreements
- Assignment and novation deeds
- Sponsorship agreements
- Film and television production and financing agreements
- Broadcast and production services agreements
- Equipment and venue hire agreements
- Building and construction contracts (including Australian Standards complying documentation)
We are often called upon to provide legal assistance on a broad range of commercial issues, including:
- Joint venture relationships (including disputes)
- Rights and duties of directors and shareholders (including disputes)
- Commercial negotiations and mediations
- Australian Consumer Law matters
- Personal Property & Securities Act legislation
- Privacy law
Our commercial team regularly assists clients with establishing new business structures, and restructuring existing businesses, including the preparation and/or negotiation of:
- Shareholder and joint venture agreements
- Company constitutions
- Trust deeds (including for family trusts, unit trusts and discretionary trusts)
- Unitholder agreements
- Partnership agreements
- Restructuring transaction documents
- Bank re-financing documents
We have extensive experience in advising employers and employees on all aspects of labour law issues, including in relation to:
- Executive level and non-executive level employee terminations
- Executive appointments including executive service agreements
- Employment contracts
- Employee restraints including enforcement
- Unfair dismissal, adverse action and general protections claims
- Employee share plans
- Employee STI, LTI and other remuneration arrangements
The lawyers in our commercial team are experienced in advising on intellectual property protection matters, including:
- Brand protection strategies
- Business name, trade mark and domain name registrations
- Intellectual property licensing
- Intellectual property protection and enforcement advice
- Trade mark and other intellectual property infringement, including passing off claims