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BUSINESS AND COMMERCIAL LAW

BUSINESS AND COMMERCIAL TRANSACTIONS

Commercial and Business transactions involve advising clients and preparing agreements and contracts and documents that both reflect the deal the client wants to achieve and protecting and pursuing the clients’ interests as far as possible. Working closely with our clients to understand their business and commercial needs is essential. Examples of the types of agreements and contracts and areas that we advise on and/or draft are:

Agency Agreements
Business Structures
Business Succession Planning documentation
Contracts for the sale or purchase of a business
Distributorship/Supply Agreements
Employment Contracts
Investment Management Agreements
Joint Venture Agreements
License Agreements
Loan Agreements
Marketing Agreements
Partnership Agreements
Shareholders’ Agreements
Trusts and companies
Intellectual Property

COMMERCIAL DISPUTES AND LITIGATION

You will need our services when a dispute has arisen between you and somebody else and where it may become necessary to commence or defend court proceedings for you. Examples of the types of commercial litigation that we conduct in NSW and Commonwealth Courts are:

Breach of contract claims
Breach of directors duties in a company and corporate governance
Breach of statutory requirements under the Trade Practices Act, Sales of Goods Act, and Contracts Review Act
Breach of statutory requirements under Australian Taxation laws and claims made by the Australian Taxation Office
Breach of trust
Debt recovery
Insurance claims
International/cross border disputes, in the above areas
Product liability and defects

PROPERTY LAW AND CONVEYANCING

TRANSACTIONS AND LITIGATION

Property law involves a variety of transactions dealing with land and real estate. From time to time, disputes may arise resulting in court proceedings. Examples of the types of transactions and litigation involving property that we conduct are:

The purchase and sale of all real property, including strata title and company title and commercial and industrial property and residential property
Mortgages with banks or other lenders
Commercial and retail leases
Property development for the purpose of sub division or strata title
Easements, Covenants, Rights of Way
Boundary determination
Strata and community title law, including By-laws and other scheme management documents

FAMILY LAW

Family Law is conducted mainly by negotiation between married parties with the assistance of lawyers and sometimes counsellors. If a negotiated settlement cannot be reached, proceedings are commenced in either the Federal Magistrates Court or the Family Court of Australia. Examples of the type of matters that we conduct involve:

Property division or settlements
Child issues, including living and contact arrangements and determining what is in the child’s best interests
Financial Agreements
Pre-Nuptial Property and Financial Agreements
Divorce applications

ESTATE PLANNING

It is absolutely essential that everybody who owns any property in this day and age, particularly people who have property of substance, investments, a sound income and people with children, should have their estate planning issues and needs assessed and carried out by the preparation of the appropriate documentation. Many people mistakenly believe that estate planning is simply having a “Will” and that estate planning is only relevant when a person dies. At HGP we take a holistic and comprehensive approach to estate planning so that no stone is left unturned and to ensure that a client’s wishes are in fact implemented during their lifetime and after death. Estate planning consists not only of the legal aspects referred to below, but it also comprises superannuation and insurance issues, all of which we canvass with you.

Examples of the following legal documentation that we prepare for clients are:

Drafting Wills
Creation of Trusts
Powers of Attorney
Enduring Guardianships
Superannuation Nominations

DECEASED ESTATES

PROBATE AND ADMINISTRATION

For over 120 years, HGP have always and continue to service clients in this area of law. The firm has represented executors and family members in thousands of deceased estate matters. Examples of the following services that we provide for clients are:

Obtaining grants of probate of a will of a deceased person in the Supreme Court
Obtaining Letters of Administration for a deceased person, where there is no will, from the Supreme Court;
Administering a deceased estate on behalf of the executor including liquidating the assets of the estate and distributing them to the beneficiaries;
Claims for commission by executors
Verifying and passing of estate accounts in the Supreme Court

CONTESTED WILLS AND DECEASED ESTATE LITIGATION

By having a Will and by receiving proper advice at the time that your Will is signed by you, can avoid some types of claims that may be made against your estate after you die. Some claims cannot be prevented by the existence of a valid Will. The validity of a Will however can be tested and challenged in the event it was signed at a time the person was for example, suffering a diminished mental capacity due to intoxication or disease. The validity of a Will can also be challenged if an interested party has exerted undue influence on the deceased person at the time they made their Will or the Will may be a forged document. The most common form of claims against the property of a deceased person are made by family members or people who have been dependant upon the deceased or a member of their household at some prior occasion and believe that the deceased should have made provision for them. It can be extremely stressful for an executor to have such a claim brought against them by people that sometimes they did not even know existed prior to the claim being made. Proper advice at the time of drafting a Will can often avoid these types of claims however some of them will be brought by persons no matter how well a Will is drafted.

Disputes over Wills or against the estate of a deceased person are dealt with mainly in the Supreme Court and are very often settled through negotiation, mediation or if need be, by a determination by a judge.

Examples of the types of claims we conduct are:

Bringing claims against estates on behalf of clients who are entitled to provision or a greater provision from the estate of the deceased
Defending an executor and the estate from a claim made by a person seeking provision or greater provision from the deceased estate
Examining whether a will is valid, including reviewing the mental capacity of the person making the will, whether they were unduly influenced by interested persons at the time of making their will, whether any fraud has been committed.

LIQUOR AND WINE LAW

HGP provide the following services to the liquor and wine industries:

Liquor Licence advice, applications, variations and appeals
Sale and Purchase Contracts for hotels, liquor retailers, vineyards, wineries and land with equipment and improvements, including pre purchase and pre sale due diligence
Leases
Advising on and preparing Contracts for grape supply and Wine Making Contracts
Advising on and the setting up of Business Structures
Contractors and Employment Agreements
Labelling requirements
National and International Distribution Agreements
Negotiating, advising and preparing Export Contracts
Advice on Australian Wine and Brandy Corporation Act and Regulations
Advice on Current Developments in the Wine Industry
Advice on Compliance and Regulatory requirements for export, including Export Licensing
Advising on Occupational Health and Safety issues
Dispute/Conflict Resolution and Mediation services
Intellectual Property rights
Joint Ventures
Advice on Estate and personal and wine business and farm succession planning