Commercial Law

Commercial law encompasses a wide range of specific subject areas. As an experienced commercial practitioner I am able to offer services in all commercially based projects using my personal resources or those of my network.In particular, I can offer services in the following:

Asset Planning

Everyone who is in business on their own account, or who holds a position of legal responsibility, such as a directorship, or trusteeship, or who acts as a guarantor, should consider whether their personal assets are adequately protected. We live an increasingly litigious world, and any person in such a position is vulnerable to legal actions. Many statutes impose personal liability upon persons of responsibility. Even someone who is not a director of a company, but who carries out responsibilities normally assumed by a director, can be held liable as a director.

There are a number of ways that personal and family assets can be protected against future claims. Steps can also be taken to secure family assets from the vagaries of family life ­ spendthrift children, and failing relationships.

Employment Law

Every business with employees will have to take account of employment law. From time to time virtually all employers have to face issues such as performance employees' grievances, redundancies, dismissals, leave, and the terms and conditions of employment. Although I am not an employment law specialist, I am able to give competent initial advice upon employment law matters, and refer clients out to specialists where necessary.

Franchising and Licencing

Franchising is an increasingly popular concept. I can offer assistance with franchise and licencing agreements, negotiations, and dispute resolution.

Corporate Governance

The governance of companies and other bodies corporate can be complex. Directors have strict duties to their shareholders and other stakeholders. From time to time all stakeholders in companies may require assistance or advice.

Corporate Structuring

A business can be structured in a variety of different ways depending upon the owner's requirements. I can assist in company incorporation, joint ventures, trading trusts, and partnerships, capital reconstructions.

Company Law

The administration of companies must comply with the Companies Act 1993, The Financial Reporting Act, and other relevant law.

Intellectual Property

The law relating to intellectual property and confidential information is becoming increasingly important for business in the information era. It is essential for businesses to fully understand their rights in relation to information, processes, logos, and software.

Finance

Preparation of loan documentation for lenders and borrowers.

General contract negotiation

Modern commerce demands clear, simple documents recording diverse contractual relationships between parties.

Insolvency

Business failure is an unfortunate fact of life. I have advised liquidators, liquidators, creditors, and directors of insolvent businesses. I have a strong network of insolvency experts, and can assist businesses and people facing the direct or indirect consequences of insolvency.

Mergers and Acquisitions, Management Buyouts

It is essential that share or business acquisitions be properly documented, and the obligations of vendor and purchaser be clearly defined. The structuring of such acquisitions can range from the relatively simple, to the substantially complex.

Independent Legal Advice

Increasingly the law demands that individual parties in multiparty transactions be independently advised as to their rights and obligations. I am ideally placed to provide truly independent unbiased advice to parties.

Trade Practices and Consumer Law

Statutes such as the Commerce Act, Fair Trading Act, and Consumer Guarantees Act impose substantial obligations upon businesses and their directors. Other statutes such as The Health and Safety in Employment Act, the Resource Management Act, The Privacy Act, the Employment Relations Act, and the Human Rights Act can all impose liabilities upon businesses, their directors or principals.

Transport Law

The transport industry has its own particular issues to deal with, as well as needing advice on a wide range of issues that it shares in common with other businesses. For many years I have acted for the major marine passenger transport carrier in Auckland, and have built expertise in transport law related law.

Taxation

Taxation is complex. The penalties for getting it wrong are complex. Tax practice is an area of particular specialty. I do not practice in this area, but have built up a network of contacts who are able to.

If you have a query with my account, please let me know, so that we can sort it out promptly. One of the real benefits of working with a small firm such as mine is that you are dealing with the decision maker. I am in a position to quickly resolve your issues. I am the costing committee, the board of directors, and the quality control committee. I do not have to obtain a second, third and fourth opinion and sign off to make a decision for you.