Overview | Commercial Disputes & Transactions | TurksLegal, Law Firm Sydney, Melbourne

Commercial Litigation

Protecting our clients’ commercial interests is at the heart of what we do. We understand that different approaches are required to cost effectively resolve a dispute. Whether it involves litigation or alternative dispute resolution, our litigators have a track record of achieving successful outcomes for clients.

Our unique combination of skills, resources and systems enable us to deal with a wide variety of disputes including conflicts involving the following:

•   Shareholder agreements
•   Supply and distribution contracts
•   Software development
•   Trusts
•   Partnerships
•   Confidentiality obligations
•   Sales and purchases of businesses

Speed and thorough preparation are fundamental for effective dispute resolution. Great advantages arise from marshalling resources effectively and quickly. Our litigators are in the business of dealing with tough issues and efficiently managing the litigation process.

Transactions – Business, Property, Friendly Societies, Private Client Services

Our transaction lawyers assist clients in a broad range of commercial and property transactions. Our client base is varied and includes banks, superannuation funds, insurers, property fund managers, project managers, institutional landlords and tenants. They range from large corporates to SMEs and professional service firms and span diverse industries including banking, manufacturing, retailing, Friendly Societies, internet services, franchising, accounting and insolvency.

Business Transactions

Our experienced transaction lawyers assist at all stages in a business transaction, from the time of concept development, through the negotiation phase and, critically, in the completion of documentation to close the deal.

Our transaction lawyers prepare agreements of vastly different types and in a wide range of industries, such agreements including:

•   Joint ventures
•   Service contracts
•   Supply and distribution agreements
•   Partnership deeds
•   Shareholder agreements
•   Trust deeds
•   Constitutions
•   Agreements for the sale and purchase of businesses
•   Information technology and intellectual property contracts
•   Facilities and services agreements
•   Distribution and supply contracts

We advise in relation to a variety of business issues including:

•   Business structuring
•   Business succession planning
•   Competition Law and consumer protection
•   Regulatory compliance
•   Security over company assets
•   Trusts
•   Intellectual property and trademarks
•   Stamp duty and taxation
•   Mortgages and finance documentation
•   Directors’ duties
•   ASX listing rules

Property transactions

Our property work covers development proposals, acquisition and disposal of commercial properties, commercial leasing and residential sales and purchases. Our expertise includes the provision of advice in relation to tax, transaction structuring, OH&S and contamination issues and due diligence. We advise in the following areas:

•   Acquisition and disposal of commercial offices
•   Industrial sites, shopping centres and hotels
•   Mixed use residential/retail and commercial developments
•   Large scale residential acquisitions and disposals
•   Commercial, retail and green leasing
•   Lease fit out and incentive arrangements
•   Development agreements
•   Affordable housing
•   Easements and covenants

Friendly Societies

We are a leader in the field of the law in relation to Friendly Societies. We act for Friendly Societies of all sizes, dealing with all their legal requirements including:

•   Advice concerning statutory interpretation
•   Representation in dealing with regulators
•   Demutualisation
•   Mergers and acquisitions
•   Constitution and rule drafting
•   Due diligence reviews
•   New product creation
•   Disclosure documents

Private Client Services

We provide commercially focused and cost effective legal advice to individuals. We advise on the following areas:

•   Wills
•   Probate
•   Testamentary trusts
•   Family provision legislation
•   Retirement planning
•   Business succession planning

Trade Credit Insurance

We are experts in all aspects of Trade Credit Insurance. We recognise this as a discrete area of practice, which requires expertise in commercial, insolvency and insurance law.

When a large corporate failure occurs, things move quickly and immediate action needs to be taken because multiple insureds will be affected. Our large Trade Credit Insurance team brings an obvious advantage to clients in such a case.

We provide advice in relation to:

•   Policy interpretation
•   Fraud and non-disclosure
•   The recovery of unpaid debts
•   Retention of title recoveries and the application of the Personal Property Securities Act
•   Insolvent trading claims against directors
•   Claims against guarantors
•   Defending preference claims commenced by liquidators against insureds

We provide advice to both insurers and insured parties to minimise exposure and maximise post-claim recovery.

Debt Recovery

We have a substantial debt recovery practice that gives us the capacity to act at all stages of the recovery process from the initial demand through to winding up and bankruptcy.

Our clients range from large corporates such as Workers Compensation scheme agents, banks and construction material suppliers, to corner-store operators and sole traders.

Our streamlined systems and technology enable us to manage large volumes of work and recover monies owed to clients efficiently and cost effectively. Our unique offering to clients in this area is TurksFocus: a proprietary web-based management and reporting system which allows for secure real-time access to individual cases by clients and our teams. The system permits the user to upload and access key documents, to see a summary of the case (in a single screen) or a detailed history of dealings with the debtor. Customised reports are produced on a portfolio-wide basis.

Insolvency

Our expertise in the insolvency area includes acting in relation to:

•   Statutory interpretation
•   Advising on commercial transactions entered into by insolvent entities
•   Litigation for recovery of unfair preferences
•   Challenging uncommercial transactions and other voidable dealings
•   Insolvent trading actions against directors and holding companies
•   Public Examinations
•   Voluntary Administrations, Deeds of Company Arrangement and Creditors’ Trusts, Receiverships and Bankruptcy Administrations.

We represent insolvency practitioners in all their capacities – as liquidators, receivers, company and deed administrators and bankruptcy trustees. Our unique combination of litigators and transaction lawyers in the one team provides insolvency practitioners with the breadth of services they require.

Commercial Disputes & Transactions

Our Expertise

Key Contact