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NEWSLETTER CORPORATE & COMMERCIAL LAW
NOVEMBER 2007

MAIN PAGE TRAPS WITH TRUSTS PRODUCT DISCLOSURES LEARNING TO FLY
TRADE  PRACTICES  ACT POWERS OF ATTORNEY INSIDER TRADING MEET OUR TEAM

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.

 

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.

 

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.

 

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.

 

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.

 

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).

 

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.

 

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.

 

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.

 

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.

 

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.

 

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).

 

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.

 

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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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.