Commercial Litigation

The team at Mac Scovell 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, construction disputes, 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

Building and Construction Law

Partner Sonia Edwards has considerable experience providing advice to and representing principals, developers, builders, contractors, sub-contractors, consultants, trade contractors and suppliers in all areas of the building and construction industry.
Sonia’s experience in this area has ranged from simple claims by individual clients to highly complex dispute resolution for public and private corporate clients.

Edwards Mac Scovell provides the following construction law services:

  • strategic and pre-contractual advice by reviewing your tender and contractual documentation, including proposing special conditions and other amendments to these documents for the purpose of protecting your commercial interests in the project;
  • assistance with respect to contracts management;
  • advice with respect to the formulation of contractual claims and responding to third party claims, including claims for variations, extensions of time, delays and liquidated damages;
  • advice on builder insolvency matters;
  • representation with respect to all building-related litigation; and
  • representation with respect to alternative dispute resolution processes such as conciliation, mediation, arbitration and expert determination. 

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 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.


Property

Edwards Mac Scovell represents clients in a diverse range of property matters, including representing property developers and owners in disputes concerning leases, commercial tenancies, developments and other interests in land, as well as in the preparation and drafting of property transactions such as leases and assignments. 


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.


Criminal Law

Edwards Mac Scovell has expertise in all aspects of the Magistrates’ Court criminal jurisdiction, including sentencing hearings, bail applications, spent conviction applications and defended trials. Our team can assist with defending against charges including road traffic matters, drug and other importation offences, social security offending, arson, serious assaults, traffic, drugs, weapons, restraining order breaches, mental health-related offending (including where there is unfitness to plead or stand trial) and mental health defence appeals. In addition, our team has experience representing clients in restraining order matters, and where applying for Extraordinary Drivers Licences. Edwards Mac Scovell can also assist with making or appealing criminal injuries compensation applications.


Mental Health and Guardianship and Administration Matters and Probate

Our lawyers have proven capability acting for clients in the State Administrative Tribunal with respect to Mental Health Tribunal appeals and where making or defending guardianship and/or administration applications.


 

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 Scovelll 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 Lawyers & Advisors.  Mackay Lawyers & Advisors 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 Lawyers & Advisors, 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 Lawyers & Advisors.  For more information about our affiliate firm, please visit www.mackayla.com.au