The Blog


Related Party Benefits –could you be involved in a breach of the Act?

Gerry Cawson and Mark Ferraretto consider how to avoid being involved in an improper transaction. The Corporations Act regulates how public companies deal with entities related to them, including their directors and those directors’ families.  But these related party provisions extend beyond public companies.  Anyone ‘involved’ in a ‘related party transaction’ can fall foul of… Read more


New Crowd Sourced Equity Funding (why things may get confusing)

On 29 September 2017 new crowd sourced equity funding legislation will come into force.  This will allow public companies to utilise crowd sourced equity funding.  Although the ink isn’t even dry, the Government has already announced that it proposes to change the legislation to open up crowd sourced equity funding to proprietary companies. While this… Read more


Finding calm amongst the storm: Commercialisation in biotech

Just like a ship trying to navigate stormy waters, the biotechnology environment can be dangerous! Biotechs looking to commercialise their ideas need to be able to respond to a rapidly changing environment that is influenced by globalisation, increased market competition, financial pressures and the advancement of new technologies. What do you need to do to… Read more


Why dispute resolution clauses are the unsung hero of your deal

When making deals the commercial focus is directed to the nature of the transaction and how it works mechanically. Frankly speaking, ‘peripheral’ terms such as dispute resolution clauses are an afterthought. More often than not a standard clause for dispute resolution is used without much consideration. Unfortunately, this can mean that if a dispute arises,… Read more


5 Key Ways to Build Value in a Joint Venture

Various studies over the years have identified that businesses enter into joint ventures for three key reasons; to pool resources, establish new markets or as an alternative to a more formal merger or acquisition. Unfortunately, the data from these studies suggests that almost half of the joint ventures that are entered into fail to add… Read more


The unknown unknowns of fast growing companies

  I commonly hear founders and managers of new fast growing businesses tell me that they don’t know what they don’t know. So I thought about what I’d want to know if I was in their shoes. Here are the top 5: 1. Your business structure can kill your business Not all business structures are… Read more


The Privilege Of Having Your Own In-House Lawyer

If you are lucky enough to work in a company that has its own in-house lawyer you already know that their legal and commercial advice can help you make better business decisions.  You may also know of the concept of legal professional privilege, which protects the disclosure of confidential communications between a lawyer (whether or… Read more


So, do @elonmusk and @mcannonbrookes have a deal?

You’ve probably seen that Elon Musk (founder of Tesla) and Mike Cannon-Brookes (the billionaire founder of Atlassian) were bantering over Twitter last week in relation to fixing South Australia’s power problem through Tesla installing a 100MW battery farm. To see such an arrangement negotiated in a public forum, and so quickly, is currently very rare… Read more