Commercial Law Services for Perth Businesses

At Mendelawitz Morton, we provide a comprehensive range of commercial legal services to support businesses at every stage of their growth and development.
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Services

Business Succession Planning

We assist high net wealth family groups and business owners to design effective intergenerational wealth,  business transition and business exit strategies that gives effect to the desired outcomes of each individual owner and the needs of the overall enterprise. We work alongside our clients’ financial, tax and personal insurance advisors to devise and document succession structures that minimize tax and maximize organization integrity and business longevity.

Our team of business succession lawyers take great pride in carefully curating the process through which control over family and business assets can transition to the next generation. We have devised a number of novel solutions to common problems encountered by large family owned businesses grappling with the process of transitioning intergenerational control and have significant expertise in planning and managing a range of exit processes.

We have extensive experience in:
  • Shareholder Agreements
  • Succession Shareholder Agreements
  • Inter vivos (during life) business succession planning
  • Family trust succession planning
  • Family office advisory services
  • Management buyouts
  • Mergers & Acquisitions
  • Trade Sales

Key Contact: Mark Mendelawitz, Rebecca TH Lian, Kristy-Lee Smith

Recent deals:
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Civil Engineering

In conjunction with wealth advisors, we designed and implemented a complex business succession planning strategy to transition a $70m business to the second generation.
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Agriculture

Operating business and a large number of passive and active land assets holding entities, transitioning to the third generation.
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Healthcare

We were engaged to design a strategy to transition approximately 15 businesses held across two discretionary trusts to the second generation

We assist high net wealth family groups and business owners to design effective intergenerational wealth,  business transition and business exit strategies that gives effect to the desired outcomes of each individual owner and the needs of the overall enterprise. We work alongside our clients’ financial, tax and personal insurance advisors to devise and document succession structures that minimize tax and maximize organization integrity and business longevity.

Our team of business succession lawyers take great pride in carefully curating the process through which control over family and business assets can transition to the next generation. We have devised a number of novel solutions to common problems encountered by large family owned businesses grappling with the process of transitioning intergenerational control and have significant expertise in planning and managing a range of exit processes.

We have extensive experience in:

  • Shareholder Agreements
  • Succession Shareholder Agreements
  • Inter vivos (during life) business succession planning
  • Family trust succession planning
  • Family office advisory services
  • Management buyouts
  • Mergers & Acquisitions
  • Trade Sales

Key Contact: Mark, Rebecca, Kristy-Lee

      • Description: Business Succession

        Project Name: Project Custodians

        Transaction Value: $70 million

         

        Sector: Civil Engineering

        In conjunction with wealth advisors, we designed and implemented a complex business succession planning strategy to transition a $70m business to the second generation.

        Description: Business Succession

        Project name: Confidential

        Transaction Value: $400 million +

        Sector: Agriculture

         

        Operating business and a large number of passive and active land assets holding entities, transitioning to the third generation.

         

        Description: Business Succession

        Project name: Confidential

        Transaction Value: $250 million

        Sector: Healthcare

         

        We were engaged to design a strategy to transition approximately 15 businesses held across two discretionary trusts to the second generation

         

Corporate and Commercial

Many situations require a combination of legal knowledge and commercial acumen. Often in these situations, the support and advice of a legally trained and business-minded professional can be the difference between success and failure.

Many situations require a combination of legal knowledge and commercial acumen. Often in these situations, the support and advice of a legally trained and business-minded professional can be the difference between success and failure.

Mendelawitz Morton can help in areas such as:
  • Corporate governance
  • Contract negotiations relating to complex and strategic transactions
  • Transaction due diligence
  • Intellectual property strategies
  • Business planning

Mendelawitz Morton has considerable experience advising predominantly mid-market private companies in a broad range of industries. Because we do not act for large public institutions, our fee structure and value adding is directed at ensuring our clients derive the most from our legal services.

Our experience includes:
  • Mergers and acquisitions
  • General corporate governance and compliance (regulatory and ASX) including drafting of announcements, notices of meeting, cleansing statements and offer information statements
  • Directors’ duties
  • Solvency advice
  • Shareholder disputes and remedies
  • Declarations of dividend, distributions of profit and in specie roll out of assets
  • Share issues, transfers and transmission
  • Corporate restructuring
  • Scrip for scrip transactions and other CGT rollover relief
  • Employee share schemes
  • Acquisitions and disposals
  • Intercorporate transactions such as Joint Ventures, farm ins
  • Capital raisings (including crowd source funding, IPOs, placements and rights offers)
  • Debt raisings (including syndications and convertible loans)
  • Intercompany disputes
  • Employment and director agreements, including restraints of trade

Key Contact: Mark Mendelawitz, Ben Morton, James Waterman, Kristy-Lee Smith

Many situations require a combination of legal knowledge and commercial acumen. Often in these situations, the support and advice of a legally trained and business-minded professional can be the difference between success and failure.

Mendelawitz Morton can help in areas such as:
  • Corporate governance
  • Contract negotiations relating to complex and strategic transactions
  • Transaction due diligence
  • Intellectual property strategies
  • Business planning

Mendelawitz Morton has considerable experience advising predominantly mid-market private companies in a broad range of industries. Because we do not act for large public institutions, our fee structure and value adding is directed at ensuring our clients derive the most from their legal services.

Our experience includes:
  • Mergers and acquisitions
  • General corporate governance and compliance (regulatory and ASX) including drafting of announcements, notices of meeting, cleansing statements and offer information statements
  • Directors’ duties
  • Solvency advice
  • Shareholder disputes and remedies
  • Declarations of dividend, distributions of profit and in specie roll out of assets
  • Share issues, transfers and transmission
  • Corporate restructuring
  • Scrip for scrip transactions and other CGT rollover relief
  • Employee share schemes
  • Acquisitions and disposals
  • Intercorporate transactions such as Joint Ventures, farm ins
  • Capital raisings (including crowd source funding, IPOs, placements and rights offers)
  • Debt raisings (including syndications and convertible loans)
  • Intercompany disputes
  • Employment and director agreements, including restraints of trade
  • Corporate governance
  • Contract negotiations relating to complex and strategic transactions
  • Transaction due diligence
  • Intellectual property strategies
  • Business planning

Mendelawitz Morton has considerable experience advising predominantly mid-market private companies in a broad range of industries. Because we do not act for large public institutions, our fee structure and value adding is directed at ensuring our clients derive the most from their legal services.

Estate and Succession Planning

Families need to ensure they have made provision for the proper disposition of assets, liabilities and responsibilities in the event of their death or disability to reduce the burden on their loved ones.

Asset protection and tax minimisation are objectives to most of us, particularly those of us with families to provide for. Proper and effective estate planning can dramatically reduce asset exposure and tax during a person’s life, as well as make a significant difference to how well someone's family is provided for after death. We provide a full range of estate planning services designed to maximise the financial security of our clients and their families, including:

  • Wills and testamentary trusts, both complex and short form
  • Wills in contemplation of marriage or divorce
  • Post death testamentary trusts
  • Probate and administration applications
  • Deed of Family Arrangement
  • Powers of attorney and powers of guardianship
  • Establishing discretionary (family) trusts
  • Trust and Superannuation Deeds review

Key Contact: Rebecca TH Lian, Mitchell Orman

Families need to ensure they have made provision for the proper disposition of assets, liabilities and responsibilities in the event of their death or disability to reduce the burden on their loved ones.

Asset protection and tax minimisation are objectives to most of us, particularly those of us with families to provide for. Proper and effective estate planning can dramatically reduce asset exposure and tax during a person’s life, as well as make a significant difference to how well someone's family is provided for after death. We provide a full range of estate planning services designed to maximise the financial security of our clients and their families, including:

  • Wills and testamentary trusts, both complex and short form
  • Wills in contemplation of marriage or divorce
  • Post death testamentary trusts
  • Probate and administration applications
  • Deed of Family Arrangement
  • Powers of attorney and powers of guardianship
  • Establishing discretionary (family) trusts
  • Trust and Superannuation Deeds review

Key Contact: Rebecca, Mitchell

Insolvency, Restructuring and Turnaround

Mendelawitz Morton specialises in insolvency, restructuring, and turnaround solutions for both corporate and individual clients. Our team is dedicated to navigating the complexities of financial distress with precision, strategic insight, and a client-centric approach.

At Mendelawitz Morton, we understand the unique challenges that businesses and individuals face during periods of financial uncertainty. Our expertise spans across all aspects of insolvency law, including voluntary administrations, liquidations, bankruptcies, and corporate restructuring. We work closely with our clients to provide tailored solutions that are not only legally sound but also commercially viable, ensuring the best possible outcomes in challenging circumstances.

We are committed to offering clear, pragmatic advice and robust representation, guiding our clients through every stage of the insolvency process with integrity and professionalism.

Whether you are a business seeking to restructure, a creditor aiming to recover debts, or an individual facing financial difficulties, Mendelawitz Morton  offers the expertise and support you need to navigate these challenges effectively. Our goal is to help our clients achieve stability and success, no matter how complex the situation.

Insolvency services
  • Voluntary Administration
    • Advising directors on the process and implications.
    • Appointing and working with administrators.
    • Developing and implementing Deeds of Company Arrangement (DOCA).
  • Liquidation
    • Assisting with the appointment of liquidators.
    • Advising on creditors' rights and entitlements.
    • Managing asset realisation and distribution to creditors.
  • Bankruptcy
    • Advising individuals on bankruptcy options and consequences.
    • Assisting with the preparation of bankruptcy petitions.
    • Negotiating with creditors and trustees.
  • Receivership
    • Advising secured creditors on appointing receivers.
    • Managing and overseeing receivership processes.
    • Recovering and realising assets for secured creditors.
  • Creditors' Voluntary Liquidation (CVL)
    • Assisting creditors in initiating and managing CVL.
    • Advising on claims, voting, and distribution processes.
  • Statutory Demands and Winding Up Petitions
    • Drafting and issuing statutory demands.
    • Representing clients in winding up proceedings.
Restructuring services
  • Corporate Restructuring
    • Advising on restructuring options, including mergers, demergers, and corporate simplification.
    • Implementing debt restructuring and refinancing strategies.
    • Assisting with operational restructuring to improve business performance.
  • Debt Restructuring
    • Negotiating with creditors to restructure debt terms.
    • Advising on refinancing and alternative funding options.
    • Implementing debt-for-equity swaps and other restructuring solutions.
  • Workouts and Rescues
    • Developing and implementing turnaround strategies.
    • Assisting businesses in distress to avoid insolvency.
    • Negotiating with stakeholders to achieve consensual restructuring.
  • Safe Harbour Advising
    • Guiding directors on the safe harbour provisions to protect against insolvent trading.
    • Developing and implementing plans to return the company to solvency.
Turnaround services
  • Turnaround Management
    • Assessing business viability and identifying turnaround strategies.
    • Implementing operational and financial improvements.
    • Engaging with stakeholders to support turnaround efforts.
  • Crisis Management
    • Providing immediate assistance in critical financial situations.
    • Managing stakeholder relations during periods of distress.
    • Stabilising business operations to prevent further deterioration.
  • Interim Management
    • Appointing interim executives to manage turnaround processes.
    • Overseeing the implementation of restructuring and recovery plans.
  • Distressed Asset Management
    • Advising on the acquisition or disposal of distressed assets.
    • Managing and maximising the value of distressed assets during recovery.
  • Pre-Packaged Insolvencies
    • Structuring and executing pre-pack sales of businesses or assets.
    • Ensuring compliance with legal requirements while maximising value for creditors

Key contact: Ben Morton, James Waterman

Recent deals:
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Engineering

Lead restructuring advisor to a director of a group in liquidation in the resolution of approx. $10m+ of personal liability exposure via a personal insolvency agreement.

Image

Real Estate

Lead restructuring advisor to a director of a mid-sized real estate group in his informal restructure and recapitalisation process via a turnaround plan, and resolution of approx. $10m+ of personal liability exposure from the companies via an informal debt compromise arrangement.

Image

Mining

Lead restructuring advisor to a senior secured creditor of an ASX listed group in receivership and external administration in their security enforcement process.

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Construction

Lead restructuring advisor to a board of directors of a mid-sized construction group of companies in external administration in their formal restructure and recapitalisation process via a deed of company arrangement.

Image

Liquor

Lead restructuring advisor to a director of a company in external administration in his formal restructure and recapitalisation process via a deed of company arrangement, and defence to a claim by the tax office for the company’s outstanding tax in the High Court.

Image

Clean Energy

Lead restructuring advisor to a director of a group of companies in receivership and external administration with creditors claims of approx. $600M+.

Mendelawitz Morton specialises in insolvency, restructuring, and turnaround solutions for both corporate and individual clients. Our team is dedicated to navigating the complexities of financial distress with precision, strategic insight, and a client-centric approach.

At Mendelawitz Morton, we understand the unique challenges that businesses and individuals face during periods of financial uncertainty. Our expertise spans across all aspects of insolvency law, including voluntary administrations, liquidations, bankruptcies, and corporate restructuring. We work closely with our clients to provide tailored solutions that are not only legally sound but also commercially viable, ensuring the best possible outcomes in challenging circumstances.

We are committed to offering clear, pragmatic advice and robust representation, guiding our clients through every stage of the insolvency process with integrity and professionalism.

Whether you are a business seeking to restructure, a creditor aiming to recover debts, or an individual facing financial difficulties, Mendelawitz Morton  offers the expertise and support you need to navigate these challenges effectively. Our goal is to help our clients achieve stability and success, no matter how complex the situation.

Insolvency Services

  • Voluntary Administration
    • Advising directors on the process and implications.
    • Appointing and working with administrators.
    • Developing and implementing Deeds of Company Arrangement (DOCA).
  • Liquidation
    • Assisting with the appointment of liquidators.
    • Advising on creditors' rights and entitlements.
    • Managing asset realisation and distribution to creditors.
  • Bankruptcy
    • Advising individuals on bankruptcy options and consequences.
    • Assisting with the preparation of bankruptcy petitions.
    • Negotiating with creditors and trustees.
  • Receivership
    • Advising secured creditors on appointing receivers.
    • Managing and overseeing receivership processes.
    • Recovering and realising assets for secured creditors.
  • Creditors' Voluntary Liquidation (CVL)
    • Assisting creditors in initiating and managing CVL.
    • Advising on claims, voting, and distribution processes.
  • Statutory Demands and Winding Up Petitions
    • Drafting and issuing statutory demands.
    • Representing clients in winding up proceedings.

Restructuring Services

  • Corporate Restructuring
    • Advising on restructuring options, including mergers, demergers, and corporate simplification.
    • Implementing debt restructuring and refinancing strategies.
    • Assisting with operational restructuring to improve business performance.
  • Debt Restructuring
    • Negotiating with creditors to restructure debt terms.
    • Advising on refinancing and alternative funding options.
    • Implementing debt-for-equity swaps and other restructuring solutions.
  • Workouts and Rescues
    • Developing and implementing turnaround strategies.
    • Assisting businesses in distress to avoid insolvency.
    • Negotiating with stakeholders to achieve consensual restructuring.
  • Safe Harbour Advising
    • Guiding directors on the safe harbour provisions to protect against insolvent trading.
    • Developing and implementing plans to return the company to solvency.

Turnaround Services

  • Turnaround Management
    • Assessing business viability and identifying turnaround strategies.
    • Implementing operational and financial improvements.
    • Engaging with stakeholders to support turnaround efforts.
  • Crisis Management
    • Providing immediate assistance in critical financial situations.
    • Managing stakeholder relations during periods of distress.
    • Stabilising business operations to prevent further deterioration.
  • Interim Management
    • Appointing interim executives to manage turnaround processes.
    • Overseeing the implementation of restructuring and recovery plans.
  • Distressed Asset Management
    • Advising on the acquisition or disposal of distressed assets.
    • Managing and maximising the value of distressed assets during recovery.
  • Pre-Packaged Insolvencies
    • Structuring and executing pre-pack sales of businesses or assets.
    • Ensuring compliance with legal requirements while maximising value for creditors

Key contact: Ben, James

Recent Deals:

Description: Insolvency, restructuring and turnaround

Project Name: Confidential

Exposure: $10 million

Sector: Engineering

Lead restructuring advisor to a director of a group in liquidation in the resolution of approx. $10m+ of personal liability exposure via a personal insolvency agreement.

 

Description: Insolvency, restructuring and turnaround

Project Name: Confidential

Sector: Real estate

Lead restructuring advisor to a director of a mid-sized real estate group in his informal restructure and recapitalisation process via a turnaround plan, and resolution of approx. $10m+ of personal liability exposure from the companies via an informal debt compromise arrangement.

 

Description: Insolvency, restructuring and turnaround

Project Name: Confidential

Sector: Mining

Lead restructuring advisor to a senior secured creditor of an ASX listed group in receivership and external administration in their security enforcement process.

 

Description: Insolvency, restructuring and turnaround

Project Name: Confidential

Sector: Mining

Lead restructuring advisor on safe harbour protection for insolvent trading to a board of directors of an ASX listed group of companies.

 

Description: Insolvency, restructuring and turnaround

Project Name: Confidential

Sector: Mining

Lead restructuring advisor to a private equity firm in their acquisition of an ASX listed group of companies via a deed of company arrangement.

 

Description: Insolvency, restructuring and turnaround

Project Name: Confidential

 

Sector: Construction

Lead restructuring advisor to a board of directors of a mid-sized construction group of companies in external administration in their formal restructure and recapitalisation process via a deed of company arrangement.

Description: Litigation and dispute resolution, Insolvency, restructuring and turnaround

Project Name: Confidential

Sector: Liquor

Lead restructuring advisor to a director of a company in external administration in his formal restructure and recapitalisation process via a deed of company arrangement, and defence to a claim by the tax office for the company’s outstanding tax in the High Court.

Description: Insolvency, restructuring and turnaround

Project Name: Confidential

 

Sector: Clean Energy

Lead restructuring advisor to a director of a group of companies in receivership and external administration with creditors claims of approx. $600M+.

Litigation and Dispute Resolution

Mendelawitz Morton specialises in litigation and dispute resolution. Our team is dedicated to offering strategic, practical, and tailored solutions to complex legal challenges.

At Mendelawitz Morton, we understand that disputes, whether commercial or personal, can be disruptive and costly. Our team of seasoned litigators are dedicated to achieving the best possible outcomes for our clients, whether through negotiation, mediation, arbitration, or courtroom advocacy. We pride ourselves on our ability to navigate intricate legal issues with precision, ensuring our clients’ interests are vigorously protected.

Our approach to dispute resolution is both comprehensive and client focused. We assess each case on its merits, providing clear, straightforward advice and devising strategies that align with our clients’ goals. Whether the matter involves commercial disputes, contract, property, or personal matters, we are committed to delivering effective and efficient resolutions.

Whether you are a business facing a complex commercial dispute or an individual involved in a personal legal conflict, Mendelawitz Morton is here to provide the expertise, support, and advocacy you need to resolve your matter effectively.

Commercial litigation services
  • Contract Disputes
    • Advising on breaches of contract and remedies.
    • Representing clients in litigation over contractual issues, including enforcement and damages claims.
    • Drafting and enforcing settlement agreements.
  • Corporate and Shareholder Disputes
    • Resolving disputes between shareholders, directors, and partners.
    • Advising on minority shareholder rights and derivative actions.
    • Handling claims related to breaches of fiduciary duty, corporate governance, and shareholder agreements.
  • Commercial Debt Recovery
    • Pursuing unpaid debts through legal action, including issuing statutory demands.
    • Negotiating and enforcing payment agreements.
    • Representing clients in court to secure judgments and enforce debt recovery.
  • Competition and Consumer Law Disputes
    • Handling disputes related to misleading and deceptive conduct under consumer protection laws.
  • Real Estate and Property Disputes
    • Litigating disputes over commercial leases, property development, and land use.
    • Handling cases involving property ownership, boundary disputes, and adverse possession.
    • Advising on construction disputes, including defects, delays, and contract breaches.
  • Insolvency Litigation
    • Representing clients in disputes arising from insolvency, including creditor claims and voidable transactions.
    • Advising on directors' liabilities in insolvent trading cases.
    • Handling disputes over the distribution of assets and the conduct of insolvency practitioners.
  • Professional Negligence Claims
    • Litigating claims against professionals such as lawyers, accountants, and financial advisors for breach of duty.
    • Advising on liability, damages, and settlement options in negligence cases.
    • Representing clients in disciplinary proceedings before professional regulatory bodies.
  • Construction Disputes
    • Handling disputes related to construction contracts, including delays, cost overruns, and defects.
    • Advising on claims under security of payment legislation.
    • Representing clients in litigation, arbitration, or mediation of construction-related disputes.
Dispute resolution services
  • Negotiation
    • Assisting clients in negotiating settlements and agreements outside of court.
    • Advising on negotiation strategies to achieve favorable outcomes.
    • Drafting and reviewing settlement agreements.
  • Mediation
    • Facilitating mediation processes to resolve disputes amicably.
    • Representing clients during mediation sessions to advocate for their interests.
    • Advising on the enforceability of mediated settlements.
  • Arbitration
    • Representing clients in domestic and international arbitration proceedings.
    • Advising on arbitration clauses, rules, and procedures.
    • Enforcing or challenging arbitration awards in court.
  • Alternative Dispute Resolution (ADR)
    • Exploring and advising on various ADR methods, including conciliation and expert determination.
    • Implementing ADR strategies to avoid litigation and reduce costs.
    • Advising on the suitability of ADR for specific disputes.
  • Litigation Support and Strategy
    • Developing comprehensive litigation strategies tailored to clients' objectives.
    • Managing the litigation process, including discovery, pleadings, and trial preparation.
    • Advising on risk management and the potential costs and benefits of litigation versus settlement.
  • Appeals
    • Advising on the grounds for appeal and the prospects of success.
    • Representing clients in appellate courts to challenge or defend lower court decisions.
    • Preparing and filing appellate briefs and oral arguments.
  • Emergency and Interim Relief
    • Seeking urgent court orders, such as injunctions, freezing orders, or search orders.
    • Advising on strategies to protect clients' rights and assets during ongoing disputes.
    • Handling applications for summary judgment, security for costs, and other interim measures.

Key contact: Ben Morton, James Waterman, Jonathan Cook

Mendelawitz Morton specialises in litigation and dispute resolution. Our team is dedicated to offering strategic, practical, and tailored solutions to complex legal challenges.

At Mendelawitz Morton, we understand that disputes, whether commercial or personal, can be disruptive and costly. Our team of seasoned litigators are dedicated to achieving the best possible outcomes for our clients, whether through negotiation, mediation, arbitration, or courtroom advocacy. We pride ourselves on our ability to navigate intricate legal issues with precision, ensuring our clients’ interests are vigorously protected.

Our approach to dispute resolution is both comprehensive and client focused. We assess each case on its merits, providing clear, straightforward advice and devising strategies that align with our clients’ goals. Whether the matter involves commercial disputes, contract, property, or personal matters, we are committed to delivering effective and efficient resolutions.

Whether you are a business facing a complex commercial dispute or an individual involved in a personal legal conflict, Mendelawitz Morton is here to provide the expertise, support, and advocacy you need to resolve your matter effectively.

Commercial Litigation Services

  • Contract Disputes
    • Advising on breaches of contract and remedies.
    • Representing clients in litigation over contractual issues, including enforcement and damages claims.
    • Drafting and enforcing settlement agreements.
  • Corporate and Shareholder Disputes
    • Resolving disputes between shareholders, directors, and partners.
    • Advising on minority shareholder rights and derivative actions.
    • Handling claims related to breaches of fiduciary duty, corporate governance, and shareholder agreements.
  • Commercial Debt Recovery
    • Pursuing unpaid debts through legal action, including issuing statutory demands.
    • Negotiating and enforcing payment agreements.
    • Representing clients in court to secure judgments and enforce debt recovery.
  • Competition and Consumer Law Disputes
    • Handling disputes related to misleading and deceptive conduct under consumer protection laws.
  • Real Estate and Property Disputes
    • Litigating disputes over commercial leases, property development, and land use.
    • Handling cases involving property ownership, boundary disputes, and adverse possession.
    • Advising on construction disputes, including defects, delays, and contract breaches.
  • Insolvency Litigation
    • Representing clients in disputes arising from insolvency, including creditor claims and voidable transactions.
    • Advising on directors' liabilities in insolvent trading cases.
    • Handling disputes over the distribution of assets and the conduct of insolvency practitioners.
  • Professional Negligence Claims
    • Litigating claims against professionals such as lawyers, accountants, and financial advisors for breach of duty.
    • Advising on liability, damages, and settlement options in negligence cases.
    • Representing clients in disciplinary proceedings before professional regulatory bodies.
  • Construction Disputes
    • Handling disputes related to construction contracts, including delays, cost overruns, and defects.
    • Advising on claims under security of payment legislation.
    • Representing clients in litigation, arbitration, or mediation of construction-related disputes.

Dispute Resolution Services

  • Negotiation
    • Assisting clients in negotiating settlements and agreements outside of court.
    • Advising on negotiation strategies to achieve favorable outcomes.
    • Drafting and reviewing settlement agreements.
  • Mediation
    • Facilitating mediation processes to resolve disputes amicably.
    • Representing clients during mediation sessions to advocate for their interests.
    • Advising on the enforceability of mediated settlements.
  • Arbitration
    • Representing clients in domestic and international arbitration proceedings.
    • Advising on arbitration clauses, rules, and procedures.
    • Enforcing or challenging arbitration awards in court.
  • Alternative Dispute Resolution (ADR)
    • Exploring and advising on various ADR methods, including conciliation and expert determination.
    • Implementing ADR strategies to avoid litigation and reduce costs.
    • Advising on the suitability of ADR for specific disputes.
  • Litigation Support and Strategy
    • Developing comprehensive litigation strategies tailored to clients' objectives.
    • Managing the litigation process, including discovery, pleadings, and trial preparation.
    • Advising on risk management and the potential costs and benefits of litigation versus settlement.
  • Appeals
    • Advising on the grounds for appeal and the prospects of success.
    • Representing clients in appellate courts to challenge or defend lower court decisions.
    • Preparing and filing appellate briefs and oral arguments.
  • Emergency and Interim Relief
    • Seeking urgent court orders, such as injunctions, freezing orders, or search orders.
    • Advising on strategies to protect clients' rights and assets during ongoing disputes.
    • Handling applications for summary judgment, security for costs, and other interim measures.

Key contact: Ben, James, Jon

 

Description: Litigation & Dispute Resolution

Project Name: Confidential

Dispute Value: $100 million

Sector: Agriculture

Lead defence advisor in defending a claim for approx. $100m+ relating to breach of contractual warranties and misleading and deceptive conduct in international arbitration proceedings.

Description: Litigation & Dispute Resolution

Project Name: Confidential

 

Sector: Mining

Lead plaintiff advisor to liquidators of a group of companies in liquidation in their investigations and recovery of approx. 50+ claims.

Description: Litigation & Dispute Resolution, Insolvency, restructuring and turnaround

Project Name: Confidential

Sector: Liquor

Lead restructuring advisor to a director of a company in external administration in his formal restructure and recapitalisation process via a deed of company arrangement, and defence to a claim by the tax office for the company’s outstanding tax in the High Court.

Description: Litigation & Dispute Resolution

Project Name: Confidential

 

Sector: Mining Services

Trial Counsel and lead defence advisor to subsidiary of public company in contested intellectual property rights and security interest claims

 

Description: Litigation & Dispute Resolution

Project Name: Confidential

 

Sector: Construction

Lead Counsel and advisor to electrical contractor in recovery proceedings for unpaid contractual works, in the Supreme Court of Western Australia, the Court of Appeal and the High Court

 
Recent deals:
Image

Agriculture

Lead defence advisor in defending a claim for approx. $100m+ relating to breach of contractual warranties and misleading and deceptive conduct in international arbitration proceedings.

Image

Mining Services

Trial Counsel and lead defence advisor to subsidiary of public company in contested intellectual property rights and security interest claims

Image

Construction

Lead Counsel and advisor to electrical contractor in recovery proceedings for unpaid contractual works, in the Supreme Court of Western Australia, the Court of Appeal and the High Court

Mergers and Acquisitions

Mendelawitz Morton have acted in respect of hundreds of Australian mid-market M &A transactions in a range of industries including assisting with both pre and post M & A positioning and restructuring.
We can assist with:
  • Drafting and negotiating share and asset sale agreements
  • Drafting and negotiating pre-transaction documents, including NBIO’s, heads of agreements, confidentiality agreements
  • Advice regarding transaction structure, including any preceding restructures to derisk the transaction
  • Complex sales, including cross border businesses, tech companies and multi-staged transactions
  • Advice on structuring sales and leasebacks, considering tax implications and PPSR registration
  • Due diligence support and key document review
  • Transaction support, including coordinating financers, PPSR releases, third party
  • Managing shareholders of widely held companies, including liaising with shareholders and conducting shareholder meetings in respect of a transaction
  • Post-completion business transition, such as novation and transfer of key agreements
  • Transaction tax considerations, including GST, capital gains tax, earnouts, balance sheet adjustments and stamp duty
  • Corporate finance considerations

Key Contact: Mark Mendelawitz, Kristy-Lee Smith

Mendelawitz Morton are masters of mergers and acquisition, having acted in respect of hundreds of Australian mid-market transactions in a range of industries.  We approach transactions with all hands on deck to project manage a success deal from inception to completion, working closely with our clients, their advisors and all other stakeholders to ensure a smooth transaction.

We can assist with:
  • Drafting and negotiating share and asset sale agreements
  • Drafting and negotiating pre-transaction documents, including NBIO’s, heads of agreements, confidentiality agreements
  • Advice regarding transaction structure, including any preceding restructures to derisk the transaction
  • Complex sales, including cross border businesses, tech companies and multi-staged transactions
  • Advice on structuring sales and leasebacks, considering tax implications and PPSR registration
  • Due diligence support and key document review
  • Transaction support, including coordinating financers, PPSR releases, third party
  • Managing shareholders of widely held companies, including liaising with shareholders and conducting shareholder meetings in respect of a transaction
  • Post-completion business transition, such as novation and transfer of key agreements
  • Transaction tax considerations, including GST, capital gains tax, earnouts, balance sheet adjustments and stamp duty
  • Corporate finance considerations

Key Contact: Mark, Kristy-Lee

Recent Deals:

  • Description: M&A - Sell Side

    Project Name: Project Cobalt

    Transaction Value: $35 million

    Sector: Tech

    Lead legal advisors for the sale of shares in a Queensland tech company, which were owned by over 50 individuals and entities across the world. There were complex cross border considerations as the target entity operated across multiple jurisdictions.

    One-word Description: M&A – Buy Side

    Project Name: Confidential

    Enterprise Value: $28 million

     

    Sector: Childcare

     

    We were the lead advisors to the buyers acquiring 35% of the shares in a childcare group. The transaction included provision of financial support to the childcare group by way of revolving credit facility, shareholder agreements and redemption of preference shares.

     

    Description: M&A – Sell side 

    Project name: Confidential

    Transaction Value: $26 million

    Sector: Agriculture

    High profile sale of an agricultural business involving an insolvent seller and complex environmental considerations.

     

    Description: M&A – Sell Side

    Project name: Confidential

    Transaction Value: $22 million

    We undertook a restructure and subsequent sale of a tech company, the strategy for which resulted in zero tax payable for the sellers.

    Description: M&A - Sell Side

    Project Name: Project Mongoose

    Transaction Value: $16.5 million

    Sector: Engineering

    Lead advisors on the sale of shares in an engineering company. This transaction also required a carefully timed tax restructure of the group which we also designed and implemented.

     

    Description: M&A - Sell Side

    Project Name: Project Volt

    Transaction Value: $9.5 million

    Sector: Health and Fitness

    Lead legal advisors on sale of shares held in a well-known Perth gym chain to a publicly trading entity.

     

    Description: M&A – Buy Side

    Project Name: Project Hotel

    Transaction Value: $15 million

    Sector: Hospitality

    We acted for the purchaser in a transaction involving the acquisition of a prominent Mandurah hotel

    Description: M&A – Buy Side

    Project Name: Confidential

    Transaction Value: approx. $70 million

    Sector: Steel

    We were the lead advisors to an acquisition of the shares in an Australian subsidiary of a global steel group.
Recent deals:
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Tech

Lead legal advisors for the sale of shares in a Queensland tech company, which were owned by over 50 individuals and entities across the world. There were complex cross border considerations as the target entity operated across multiple jurisdictions.
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Childcare

We were the lead advisors to the buyers acquiring 35% of the shares in a childcare group with an enterprise value of $28 million. The transaction included provision of financial support to the childcare group by way of revolving credit facility, shareholder agreements and redemption of preference shares.
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Agriculture

High profile sale of an agricultural business for $26 million. This transaction involved an insolvent seller and complex environmental considerations.
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Engineering

Lead advisors on the sale of shares in an engineering company. This transaction also required a simultaneous tax restructure of the group which we also curated and managed.
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Health & Fitness

Lead legal advisors on sale of shares of a well-known Perth gym chain to a publicly trading entity for $9.5 million. The shares were widely held across 25 separate entities, with escrow and balance sheet adjustment considerations.
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Hospitality

We acted for the purchaser in a transaction involving the acquisition of a prominent Mandurah hotel

Property

Mendelawitz Morton provides a full range of property related services, including:
  • Negotiation, drafting and review of leases and licenses
  • Settlements of commercial and residential property
  • Property development syndications
  • Sub-divisions and amalgamations including notifications, restrictive covenants and easements
  • Large scale property development and management related contracts
  • Foreign Investment advice
  • Securities over land
  • Capital raising by way of regulated disclosure document or exempt offer
  • Acquisitions and disposals of rent rolls
  • Contract disputes and advice

Property and Business Conveyancing

Whether it’s the sale or purchase of residential housing, land, commercial property, or a business, we specialise in all types of conveyancing. Mendelawitz Morton also has extensive knowledge and experience in large scale, complicated subdivisions.

We can assist you with a full range of settlement related transactions including:
  • Residential settlements - owner occupied and investment properties
  • Vacant land settlements
  • Subdivisions - including Applications for New Titles
  • Related party transactions
  • First Home Buyer Grants
  • Commercial settlements
  • Business settlements
  • Retirement Home settlements
  • Strata Titled settlements
  • Strata Title Applications
  • Caveats and Withdrawal of Caveats
  • Change of Name Applications (due to Marriage, Divorce, Deed Poll etc)
  • Adding a Spouse to your Land Title
  • Farming Land transfers
  • Transfer of a Property in accordance with a Will
  • Survivorship and Transmission Applications
  • Title Searches
  • Business and Company Searches

Key contact: Ben Morton, Mitchell Orman, Marnie Mitchell

Mendelawitz Morton provides a full range of property related services, including:

  • Negotiation, drafting and review of leases and licenses
  • Settlements of commercial and residential property
  • Property development syndications
  • Sub-divisions and amalgamations including notifications, restrictive covenants and easements
  • Large scale property development and management related contracts
  • Foreign Investment advice
  • Securities over land
  • Capital raising by way of regulated disclosure document or exempt offer
  • Acquisitions and disposals of rent rolls
  • Contract disputes and advice

Property and Business Conveyancing

Whether it’s the sale or purchase of residential housing, land, commercial property, or a business, we specialise in all types of conveyancing. Mendelawitz Morton also has extensive knowledge and experience in large scale, complicated subdivisions.

We can assist you with a full range of settlement related transactions including:

      • Residential settlements - owner occupied and investment properties
      • Vacant land settlements
      • Subdivisions - including Applications for New Titles
      • Related party transactions
      • First Home Buyer Grants
      • Commercial settlements
      • Business settlements
      • Retirement Home settlements
      • Strata Titled settlements
      • Strata Title Applications
      • Caveats and Withdrawal of Caveats
      • Change of Name Applications (due to Marriage, Divorce, Deed Poll etc)
      • Adding a Spouse to your Land Title
      • Farming Land transfers
      • Transfer of a Property in accordance with a Will
      • Survivorship and Transmission Applications
      • Title Searches
      • Business and Company Searches

Key contact: Ben, Mitchell, Marnie

Tax and Superannuation

Mendelawitz Morton has significant depth and breadth of experience in the fields of Tax & Superannuation. We are experts at developing structures and managing transactions to maximise after-tax outcomes. We also have significant experience in dealing with both federal and state tax disputes and litigation.

Tax linked transactions
  • Restructuring of trusts and partnerships into companies
  • Corporate restructures, mergers, de-mergers, “spin offs”
  • Contributions of land to superannuation
  • Superannuation borrowing transactions (including drafting security trusts)
  • Moving real property and other assets in and out of family trusts, unit trusts and superannuation funds
  • Share and unit buy backs
  • Mid-market mergers and acquisitions, and management buy outs (MBOs)
  • Advising on duties exemptions (including farming exemption, marital separation exemption, consolidations and reconstructions exemption)
  • Transaction related advice, including on CGT small business relief, duty and GST
  • Tax related documentation including Tax Sharing Agreements and Tax Funding Agreements
  • International tax advice, including transfer pricing, thin capitalisation, Double Tax Agreements, residency and permanent establishments
Contentious taxation
  • Applications for private rulings
  • Taxation appeals
  • Provision of “Reasonably Arguable Position” advices
  • Management of pre-litigation tax negotiations and disputes
  • Tax litigation, including at the Administrative Appeals Tribunal, Supreme Court and Federal Court
  • Duties disputes and appeals
  • Payroll tax disputes and appeals

Key Contact: Mark Mendelawitz, Rebecca TH Lian, Kristy-Lee Smith

Recent deals:
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Steel

We were engaged to restructure a large steel group, which involved a private binding ruling application to the ATO with a favourable outcome.
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Retail

We were engaged to restructure the operating entity of a sunglasses retailer from a discretionary trust to a company, with complex duty considerations.
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Mining

Back door listing of two mining companies with a consecutive restructure.

Mendelawitz Morton has significant depth and breadth of experience in the fields of Tax & Superannuation. We are experts at developing structures and managing transactions to maximise after-tax outcomes. We also have significant experience in dealing with both federal and state tax disputes and litigation.

Tax Linked Transactions

  • Restructuring of trusts and partnerships into companies
  • Corporate restructures, mergers, de-mergers, “spin offs”
  • Contributions of land to superannuation
  • Superannuation borrowing transactions (including drafting security trusts)
  • Moving real property and other assets in and out of family trusts, unit trusts and superannuation funds
  • Share and unit buy backs
  • Mid-market mergers and acquisitions, and management buy outs (MBOs)
  • Advising on duties exemptions (including farming exemption, marital separation exemption, consolidations and reconstructions exemption)
  • Transaction related advice, including on CGT small business relief, duty and GST
  • Tax related documentation including Tax Sharing Agreements and Tax Funding Agreements
  • International tax advice, including transfer pricing, thin capitalisation, Double Tax Agreements, residency and permanent establishments

Contentious Taxation

      • Applications for private rulings
      • Taxation appeals
      • Provision of “Reasonably Arguable Position” advices
      • Management of pre-litigation tax negotiations and disputes
      • Tax litigation, including at the Administrative Appeals Tribunal, Supreme Court and Federal Court
      • Duties disputes and appeals
      • Payroll tax disputes and appeals

Key Contact: Mark, Rebecca, Kristy-Lee

Recent Deals:

Description: Tax Restructure

Project Name: Confidential

Transaction Value: $100 million

Sector: Steel

We were engaged to restructure a large steel group, which involved a private binding ruling application to the ATO with a favourable outcome.

Description: Tax Restructure

Project Name: Project Sunnies

Transaction Value: $13 million

Sector: Retail

We were engaged to restructure the operating entity of a sunglasses retailer from a discretionary trust to a company, with complex duty considerations.

Description: M&A - Sell Side

Project Name: Project Mongoose

Transaction Value: $16.5 million

Sector: Engineering

Lead advisors on the sale of shares in an engineering company. This transaction also required a carefully timed tax restructure of the group which we also designed and implemented.

 

One-word Description: Corporate – Listing

Project Name: Confidential

 

Sector: Mining

 

Back door listing of two mining companies with a consecutive restructure.

Contact Us

Whether you need expert legal advice or want to learn more about our services, we’re here to help.