Areas Of Practice - Commercial Lawyers Perth

Commercial Litigation

The team have extensive experience representing individual and corporate clients in a wide range of commercial disputes in the Federal Court of Australia, Supreme Court of Western Australia and in the lower courts and tribunals. These matters have included complex shareholder and director disputes, international arbitrations, Managed Investment Scheme disputes, misleading and deceptive conduct claims, trust disputes and breach of contract claims. 

Edwards Mac Scovell manages both simple and complex disputes with the primary objective of minimising costs by avoiding litigation where possible.  In this regard, the firm has substantial experience resolving matters by negotiation, mediation and alternative dispute resolution. 

If litigation is unavoidable, the team at Edwards Mac Scovell have the necessary practical experience to ensure that proceedings are progressed efficiently, cost-effectively and with minimal delay.

Corporate Advisory

Edwards Mac Scovell’s corporate advisory practice specialises in new listings and other equity and debt capital raisings.

Our team’s approach is extremely business focused – understanding the real world context in which our clients operate.  With significant industry experience in the broking, mining, and technology sectors, we work closely with our clients and their corporate advisors to ensure legal requirements are met to deliver innovative, commercial and cost effective outcomes.

AREAS OF SPECIALITY

Capital Markets | Corporate Advisory

• Seed capital, pre-IPO offerings, and recapitalisations of ASX shells

• IPOs and backdoor listings on ASX

• Dual listings on AIM and TSX

• Secondary offerings – placements, entitlement offers, accelerated entitlement offers, share purchase plans, and dividend reinvestment plants

• Convertible note and hybrid security offerings

• Corporate Governance and continuous disclosure advice

• ASX Listing Rules compliance, waivers and rulings, and ASIC compliance

• Capital management – share buy backs, returns of capital, reductions of capital, demerger transactions

• Prospectuses, information memoranda, and offer documentation

• Underwriting agreements, sub-underwriting agreements, and broker mandates

Mergers and Acquisitions   

• Private and public M&A – mergers and demergers, regulated takeovers, private acquisitions and disposals

• Shareholder agreements and joint ventures

Insolvency, Restructuring, Bankruptcy

The partners of Edwards Mac Scovell have developed strong professional relationships with the major insolvency and restructuring firms operating in Western Australia.  They also have specific experience acting for stockbroking groups and equity investors formulating restructuring and reconstruction proposals for distressed companies and assets.

Edwards Mac Scovell advises insolvency practitioners, directors and creditors in relation to the conduct of voluntary administrations, receiverships and liquidations, and Deed of Company Arrangement proposals, including matters involving preference payments, insolvent trading and other director recovery actions.  

Edwards Mac Scovell also represents directors and company officers in:

• public examinations;

• ASIC examinations;

• notices to produce by government agencies; and

• disputes with the Australian Taxation Office and other state and federal regulators.

The firm also has extensive experience in assisting those in financial distress and advises individuals, controlling trustees and trustees in bankruptcy with respect to negotiations with creditors, debt agreements, personal insolvency agreements and contested creditors’ petitions.

Contracts, Risk Management and Due Diligence

Edwards Mac Scovell assists clients with all pre and post contractual issues and due diligence, including:

• reviewing and advising on commercial, construction and employment contracts;

• providing advice with respect to specific terms and conditions;

• providing general and specific due diligence services; and

• advice in relation to sales of businesses, mergers and acquisitions and transfers of assets.

The firm also advises clients on risk management, including contractual terms such as releases and indemnities, restraint of trade clauses and obtaining or contesting security interests.

Debt Recovery/Small Claims

Edwards Mac Scovell regularly acts on behalf of debt collection agencies and insolvency practitioners to recover debts.  

Whether you are an individual trader, small business or a large corporation, Edwards Mac Scovell can assist you with the recovery of debts owing to you.

Regulatory crime and civil penalty proceedings

Edwards Mac Scovell has experience acting in a range of regulatory prosecutions (such as local shire land use prosecutions and Corporations Act offences including director misconduct and insider trading), as well as civil proceedings brought by regulators (such as misleading market statements and misleading the market regulator), where penalties may include fines or financial penalties, imprisonment, director disqualification orders and other sanctions imposed by relevant regulators. In addition, we are experienced in advising clients through the process of with compulsory notices and proceedings issued by corporate regulators, such as section 33 notices and section 19 examinations.

Town Agent Services

Edwards Mac Scovell offers town agent and debt collection services to regional, interstate and international law firms for all matters within the Western Australian jurisdiction.   Our team accepts instructions to assist with:  

• acting as town agents in all of the major Courts (Magistrates, District, Supreme and Federal);

• preparing, filing and serving Court documents; and

• debt collection services.

Eastern States jurisdiction matters

Edwards Mac Scovell has experience dealing with contentious and non-contentious matters in Melbourne, Adelaide and Sydney.  Our partners have extensive networks based in the East, as well as strong networks with members of the bar at all major chambers in Melbourne and Sydney.

Edwards Mac Scovell works closely with its affiliate firm, Mackay Chapman.  Mackay Chapman is a specialist boutique legal and advisory firm with clients including large institutions, listed and unlisted companies, fund managers,  trustees, private companies, individuals insolvency practitioners and accounting firms, creditors, shareholders, directors, and people and organisations pursued for claimed debts.  Dan Mackay, Director of Mackay Chapman, has extensive experience within large firm commercial practice.  He was a partner at a national firm specialising in commercial litigation, funds management and financial services regulation and disputes before founding Mackay Chapman.  For more information about our affiliate firm, please visit www.mackaychapman.com.au