Commercial Law

Hemming+Hart's Commercial Law team is comprised of experienced commercial lawyers who are capable of providing a full range of commercial legal services to a wide range of clients, including family-owned businesses, medium sized enterprises, national brands and multi-national subsidiaries.

Expertise

The Commercial Law team's main areas of expertise include:

• Handling all aspects of business and asset sales and purchases;
• Preparation of all types of commercial agreements and contracts including; services, management, consultancy, supply, distribution, licence and non-disclosure agreements;
• Preparation of business governance agreements including; joint venture agreements, partnership agreements, shareholder agreements and unitholders agreements;
• Preparation of business continuity agreements including; Buy-Sell agreements, continuation buy-out deeds and put-call options;
• Providing business structuring and asset protection advice;
• Company incorporations and trust deed preparation;
• Franchising and distribution advice, including:
  • provision of strategic advice on franchising, licensing and distribution systems;
  • preparation of franchise, license and distribution agreement;s
  • preparation of franchising code complaint disclosure agreements;
  • acting on franchise sales, renewals and terminations;
• Providing strategic advice on intellectual property protection, enforcement and commercialisation;
• Prosecuting domestic and international trademark applications;
• Devising and executing trademark enforcement and brand protection strategies;
• Advising on trade practices, competition and consumer protection law and dealing with the ACCC in respect of authorisations, notifications, complaints, investigations and prosecutions.

Experience

The Commercial Law team's recent major transactions have included the following:

• Acting for a national veterinarian chain in its acquisition of a number of veterinarian businesses and subsequent IPO and listing on the ASX;
• Acting for a national smash repair chain in its acquisition of a number of smash repair businesses;
• Advising several high profile enterprises on their franchise strategy, documentation and processes (including in the residential home building, fitness, retail food and real estate industries);
• Acting for several high profile enterprises in relation to their national and international distribution strategies (including in the construction equipment, security products, alcoholic beverage and pet products industries);
• Acting for several high profile enterprises in relation to the operation and expansion of their retail and service networks (including in the retail petrol service station, waste disposal, fitness, retail furniture and retail food industries);
• Advising on and executing the brand protection strategies for a market-leading security products brand, a market-leading national retail food chain and a national pet products manufacturer;
• Advising on competition law compliance issues for a national real estate franchise chain and an east coast retail petrol service station chain.