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NEWSLETTER
CORPORATE & COMMERCIAL LAW
NOVEMBER 2007 |
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PAUL GLEESON,
Principal
T: +61 3 9609 1638
E:
pgleeson@rk.com.au
Paul has acted for numerous
organisations in their contractual
dealings, in particular dealing with
outsourcing contracts. He has acted
for many clients (including
governmental bodies) in information
technology agreements and has
drafted and negotiated detailed
supply contracts on behalf of the
Metropolitan Ambulance Service. He
also has experience in trade
practices matters.
Paul has a degree in Computer
Science (Monash University), and a
Masters degree in Intellectual
Property (University of Melbourne).
Paul is the Chairman of the Law
Institute of Victoria Information
Technology and Intellectual Property
Committee.
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MICHAEL GORTON
AM, Principal
T:+61 3 9609 1625
E:
mgorton@rk.com.au
Michael practices broadly in
Commercial Law including
Corporations Act advice, advice on
ASX listing rules, takeovers,
capital raising and merges and
acquisitions. He has experience in
commercial contracts of all types as
well as Employment Law and Equal
Opportunity (he is a former member
of the Victorian Equal Opportunity
Commission).
Michael has many years involvement
with health and public bodies,
dealing with government and advising
on aspects of Administrative Law.
Michael was Chair of the
Administrative Law Section of the
Law Institute of Victoria.
Michael is a trustee of the ANZCA
Foundation, Victorian Orthopaedic
Research Trust and National Can
Industries Superannuation Fund.
Michael is the Chair of the Review
Board of the Financial Planning
Association (the national industry
body), which reviews corporations
law and legislative regulatory
issues for the financial planning
and fundraising industry.
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ROHAN
HARRIS, Principal
T: +61 3 9609 1522
E:
rharris@rk.com.au
Rohan has acted for a wide range of
private and public corporations in
relation to business sales,
acquisitions and mergers, and
negotiating and drafting various
types of commercial agreements.
Rohan has particular expertise in
relation to GST. He specialises in
advising clients in relation to GST
liabilities, GST concessions and
exemptions, input tax credit claims,
and appropriate structuring of
business and property transactions
for GST purposes, most notably in
the retirement village/aged care,
local government, and not-for-profit
sectors.
Rohan also has experience in the
fields of business succession
planning, business structures,
corporations regulation including
financial services licensing,
managed investment schemes, and
product disclosure, trade practices
compliance including in relation to
anti-competitive conduct and ACCC
notifications, fair trading and
consumer protection, foreign
investment (including Foreign
Investment Review Board
applications) and individual,
commercial and retail leasing.
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ANDREW VAN
INGEN, Principal
T: +61 3 9609 1518
E:
avaningen@rk.com.au
Andrew’s two main areas of practice
are contract/outsourcing
arrangements and governance issues.
In
the contract/outsourcing area,
Andrew has advised on tendering
issues and prepared contracts for a
broad range of governmental and
corporate bodies. He has, for
example, prepared the standard
tender out contractual documents
used by most Victorian councils. He
has also prepared standard documents
for the Metropolitan Ambulance
Service and EcoRecycle Victoria.
Andrew is particularly recognised
for his expertise on tendering
processes and disputes.
Andrew practices extensively in
construction law - preparing and
reviewing documentation for the
engagement of consultants and
builders under various project
models. In his second area of
practice, governance issues, Andrew
acts for councils, water authorities
and statutory authorities.
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KENT DAVEY,
Principal
T: +61 3 9609 1695
E:
kdavey@rk.com.au
Kent
has more than 12 years experience
advising clients in the areas of
information technology, ecommerce,
privacy, telecommunications and
intellectual property law. He has a
wide range of experience gained from
working in several private and
public sector roles as both an
external and in-house legal adviser.
Kent
advises clients on the acquisition,
use and supply of information and
communication technology (ICT)
products and services in a manner
that seeks to minimise their
commercial and legal risks and
costs. He drafts, negotiates and
reviews agreements, licences and
deeds for the acquisition, use and
supply of ICT products and services.
He also provides advice on complying
with laws that apply to the
acquisition, use and supply of ICT
products and services.
Kent
has a Master of Laws in the areas of
intellectual property, privacy and
telecommunications law from the
University of Melbourne. He was the
President of the Victorian Society
for Computers & the Law from 2000 to
2003.
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ANDREW CASPAR,
Special
Counsel
T: +61 3 9609 1638
E:
acaspar@rk.com.au
Andrew has over 10 years experience
in providing commercial advice and
representation in both private
practice and in house roles. He
advises on, negotiating and
documenting business structures
including partnerships, incorporated
and unincorporated joint ventures,
companies and trusts. As well, he
advises management and operational
staff on compliance with legal
obligations including those under
the Corporations Act, Trade
Practices Act and Australian Stock
Exchange Listing Rules.
Andrew negotiates and finalises the
sale of shares, businesses and
assets including major
infrastructure items. He documents
commercial arrangements including
intellectual property and
information technology development
services and contracts for the
supply of goods and services.
Andrew also advises on licensing and
protection of intellectual property
rights and on tender process issues,
development of specifications and
documentation of contractual
arrangements between government and
private sector parties.
Andrew’s qualifications include
Bachelor of Arts (Jurisprudence),
Bachelor of Laws and a Master of
Laws (Commercial).
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JOHN
O’HALLORAN,
Special Adviser
T: +61 3 9609 1620
E:
johalloran@rk.com.au
John
has over 35 years of experience in
customs, import and exports and
trade related matters including
tariff classification of goods,
origin and preference conditions to
minimise duty rates, duty reduction
strategies including warehousing of
goods and customs valuation
including the unbundling of price.
John has substantial experience in
excise duty and government grant
areas, in particular with excise
treatment of fuels and cost
reductions that can be achieved by
way of government grants.
John
also has experience in the
registration of trade marks with the
Australian Customs Service and
the issues associated with claiming Goods and Services Tax
for imported and exported
goods. John has also been successful
in obtaining export market
development grants for clients.
John
is a member of the Australian
Taxation Office indirect tax rulings
panel for Excise and the Energy
Grants Credits Scheme.
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DANIEL
KELLIHER,
Senior Associate
T: +61 3 9609 1597
E:
dkelliher@rk.com.au
Daniel is our Wills and Estate
Planning Team Leader. He joined the
firm in mid 2005 as Senior Associate
in Wills and Estate Planning after
11 years in private practice and
over 4 years of corporate experience
with National Australia Trustees
Ltd.
Daniel has been an Accredited Wills
& Estates Specialist since 1996; in
2005 he graduated from Macquarie
University with a Masters of Laws in
Financial Services, after completing
a thesis relating to Family Trust
succession. In 2000, Daniel
completed the Securities Institute
of Australia's Financial Planning
and Practice units with honours.
In
Estate Planning, Daniel is
conversant with the latest trends
for Wills, Superannuation and
Discretionary Family Trusts. These
emphasise the need for a holistic
approach to Estate Planning,
involving input from all advisors to
the client. Continuing exposure to
taxation, superannuation and
protection insurance issues is a
feature of Daniel's Estate Planning
practice.
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ADRIAN GREEN,
Senior
Associate
T: +61 3 9609 1597
E:
amgreen@rk.com.au
Adrian joined Russell Kennedy in
November 2006 as a member of our
Private Client Services team. After
his undergraduate Law and Science
degrees at the University of
Melbourne, Adrian completed Masters
degrees in Law and Taxation at the
same university. For the last 7
years, Adrian has focused on matters
associated with Wills and Estates;
since 2004 Adrian has been an
Accredited Specialist in this
practice area.
Adrian’s practice covers estate
planning, Wills, powers of attorney,
estate litigation, probate
applications and administering
deceased estates. For those clients
with complex financial arrangements
including family trusts and company
structures, Adrian prepares Wills
after liaising with the clients'
accountants and financial advisors.
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SOLOMON MILLER,
Senior
Associate
T: +61 3 9609 1650
E:
smiller@rk.com.au
Solomon acts for a range of private
and public sector clients in
relation to the management,
protection and licensing of
technology and intellectual
property. He has particular
experience drafting and interpreting
agreements, as well as advising on
compliance issues and potential
breaches of trade practice laws.
Solomon is well placed to provide
advice in respect of health law
related matters as he has obtained a
Bachelor of Science and a Master of
Health and Medical Law from the
University of Melbourne.
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ANDREW
PARLOUR,
Senior
Associate
T: +61 3 9609 6818
E:
aparlour@rk.com.au
Andrew is admitted to practice in
Victoria and in England & Wales and
has acted for numerous companies and
individuals in connection with the
part or total disposal or
acquisition of companies and
businesses.
Andrew is experienced in company law
compliance matters and has acted for
a variety of new start ups in the
retail, publishing and services
industries. Andrew has also
negotiated and advised on a range of
commercial agreements including
subscription, shareholder,
franchise, distribution, software
licence and software support
agreements.
Andrew is experienced in consumer
protection legislation and
intellectual property matters.
Andrew has advised on business
structures and company
re-organisations.
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ADAM
COLABUFALO,
Solicitor
T: +61 3 9609 1629
E:
acolabufalo@rk.com.au
Adam
has advised private and public
clients on a range of issues
including corporate governance,
mergers and acquisitions, business
sales and leasing. He has reviewed
sponsorship, shareholder and other
agreements for clients.
In
addition to his legal qualifications
Adam has a Bachelor of Commerce
majoring in finance and is an
Associate of the Financial Services
Institute of Australasia (Finsia).
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CRAIG SUBOCZ,
Solicitor
T: +61 3 9609 1646
E:
csubocz@rk.com.au
Craig
has several years experience
advising clients in intellectual
property and information technology,
including strategies to successfully
commercialise technology, protection
of intellectual property, and
software procurement. He advises
clients on trade mark registration
in Australia and overseas,
intellectual property licensing and
enforcement, and negotiates software
licensing and services agreements.
Craig is also experienced in trade
practices compliance and has advised
clients in relation to mergers and
acquisitions (including audits of
companies’ intellectual property
assets) and joint venture
arrangements.
Craig
holds an honours degree in
electrical engineering and is a
member of Engineers Australia, the
Australian Information Industry
Association, and the Intellectual
Property Society of Australia and
New Zealand. Craig is currently a
committee member for the Victorian
Society for Computers and the Law.
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JONATHAN TEH,
Solicitor
T: +61 3 9609 1587
E:
jteh@rk.com.au
Jonathan has experience drafting
agreements for technology services,
software development and consultancy
services. He has assisted clients
with IT policies, and advised how
technology affects their obligations
relating to intellectual property,
privacy and record keeping. Jonathan
has provided advice in related areas
of law, including corporations law,
procurement and trade practices.
Jonathan holds an honours degree in
software engineering, which
complements his understanding of
technology projects. In previous
roles across the Victorian public
sector, Jonathan gained a practical
perspective on the operational and
legal requirements in that
environment.
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MELBOURNE VIC 3000. PO BOX 5146AA
MELBOURNE VIC 3001
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Copyright 2007 © Russell Kennedy.
The information contained in this publication is intended as
general commentary and should not be regarded as legal
advice. Should you require specific advice on any of the
topics or areas discussed, please contact the author
directly.
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