An ALFA Australasian firm was briefed by a client to assist their US-based client in purchasing a medical software business located in Brisbane. The US-based client was a well-known research database company. The firm was asked to review the Asset Purchase Agreement prepared by the client, conduct due diligence of the vendors and the assets, and to provide advice on the IP ownership, GST, CGT, stamp duty and proposed non-competition arrangements. The stamp duty and GST provisions were complicated by the fact that the IP was located throughout Australia and worldwide. Ultimately, the firm was able to advise that no GST was payable and to minimise stamp duty by allocating the IP (based on situs) between Australia & overseas. The agreement also needed to be stamped in the various jurisdictions throughout Australia based on the asset locations. The Asset Purchase Agreement was signed and the transaction completed within a very short timeframe.
An ALFA Australasian firm referred a client to the ALFA International UK law firm to assist with advice in relation to the establishment of distribution arrangements throughout Europe. The client was provided prompt, cost-effective and excellent service which included reviewing its standard distribution documentation and modifying this for compliance with UK and EU law and practice. More recently the client has expanded its operations into Asia and has received similar advice and assistance from a Hong Kong ALFA International law firm in negotiating and appointing an appropriate Hong Kong based distributor.
An ALFA Australasian firm referred a client to an ALFA International US law firm to assist the client in establishing operations in the United States, where it had been offered premises on the NASA campus. The US law firm arranged a teleconference with the client’s personnel on short notice and were able to provide a full briefing of all relevant issues and considerations, so that the client was able to be fully prepared before travelling to the US for its negotiations with its customers and NASA. The US law firm incorporated the US subsidiaries and provided useful and prompt advice in relation to appropriate structure, taxation issues and other relevant issues for the client. Importantly, because of the US law firm’s experience and contacts in the local jurisdiction and Silicon Valley, including its knowledge of NASA's operations, the client was able to establish a successful beachhead in the US in a professional, prompt and cost-effective manner.
A major Dutch manufacturer of building products was referred to two separate ALFA Australasian firms’ by ALFA International colleagues in the Netherlands to assist in its defence of a dust diseases case in Adelaide. Within 24 hours of the Dutch company notifying the law firm in the Netherlands of their predicament, the Dutch company was notified that Australian lawyers had been engaged who could deal with this highly-specialised area of practice. The firms’ were able to use their expertise in dust diseases matters – noting particularly that South Australia has adopted the procedures used in New South Wales for dealing with dust diseases cases. The Dutch client was pleased with the result and to receive immediate expert advice in regard to the first claim of this type made against the company anywhere in the world.
An ALFA Australasian firm worked closely with another ALFA International US based firm in a matter involving the establishment of local operations for a well-known American sporting goods manufacturer. The initial transaction involved terminating the agency arrangement currently in place in Australia and then engaging the principal of the agency to run the local company’s operations direct. The good relationship built up through the interaction between the firm, the client and ALFA International colleagues in the US led to the firm carrying out all work for the local operation. After the transaction was complete the firm was engaged to assist with the execution of a similar transaction in New Zealand. The good relations between ALFA International law firms enabled the client to received seamless service across Australasia.
An ALFA Australasian firm acted for a new client on its $20m acquisition of strategic assets from a mining company after ALFA International colleagues from Brazil referred the client to them.
An ALFA Australasian firm was engaged by one of Australia’s Big 4 banks to provide preliminary advice on acquisitions it proposed to undertake in various regions in the Pacific. At short notice, the firm was asked to advise whether it could locate a law firm in Hawaii which could carry out an urgent due diligence exercise over the course of the coming weekend. The firm made immediate contact with ALFA International colleagues in Hawaii and by the next morning the firm was able to inform the client that they had located an appropriately-qualified firm which had staff ready to attend to the due diligence immediately. The client was sufficiently impressed with the quick action that was provided that instructions to work with other ALFA International firms going forward was implemented across a number of jurisdictions. The firm took on the lead role to assist with the acquisitions for the various due diligence exercises that proceeded after this matter.
On instructions from ALFA International colleagues in London, one of our ALFA Australasian firms acted for parties involved in a dispute over ownership of property assets and funds in various bank accounts in Australia and Singapore. The other parties to the hotly-contested litigation sought to settle the matter while their principal witness was the subject of detailed cross-examination and the matter was duly resolved.
An ALFA Australasian firm acted for an Australian subsidiary of a major Indian company in a sizeable construction dispute relating to a mining project in the north west of Australia after being referred by ALFA International colleagues in India. The firm took over the conduct of the case from a large Australian law firm after the client was unhappy with the service they had been provided. Just five weeks after taking over the matter a resolution was negotiated on terms that the client was very pleased with.
The Australian Government's international investment and trade promotion authority, Austrade, engaged an ALFA Australasian firm on a project to assist in identifying reputable law firms with nominated specialist expertise to assist Austrade and other Australian businesses in 85 destinations in Asia, Africa, the Middle East, Europe and the United States. With the assistance of ALFA International’s network of law firms, the firm was able to fulfil the task within a matter of days in what would otherwise have been an extremely time-consuming, complex and expensive exercise.
A client of an ALFA Australasian firm required urgent review and sign off regarding some real estate transaction documents in Poland. The firm reached out to the ALFA International colleagues in Warsaw who immediately attended to the client's requirements on very short notice to assist the transaction to be completed. Because of the ALFA International relationship, there was no need for a "pre-qualify" assessment and the ALFA International colleagues in Warsaw were highly responsive to the client's requirements.
An ALFA Australasian firm advised an Australian ASX listed client on its acquisition of two ships from Singapore based vendors and the restructuring of the corporate group's complex financing arrangements, which involved a Singapore subsidiary. The firm engaged the assistance of Singapore ALFA International colleagues in connection with the acquisition and, from the client's perspective, the transactions were completed seamlessly and the client's Singapore based personnel were able to meet and deal directly with the Singapore ALFA International lawyers.
An Australian based client, that conducts business in many countries, needed fast advice regarding employment issues in Barbados, Peru and Ghana. The firm contacted ALFA International colleagues in each of those jurisdictions and got the required advice speedily and without fuss. The client was delighted with the efficiency and cost effectiveness with which the firm was able to provide the required solutions.
An ALFA Australasian firm acted for an unlisted public company established to invest in an iron ore project in Peru. The client’s interest in this investment was via an arrangement with a Peruvian-based family which, in turn, was in partnership with other interests including an Australian listed public company. The firm was referred this client by a leading Victorian Queens Counsel and former member of the Victorian Parliament because of the firm’s abilities in corporate advisory and energy and resources transactions. The client’s goal was to reach an ‘investment agreement’ with the Peruvian-based family that would see them working in partnership to bring about the best result from the project - either a producing mine or a trade sale. After difficult but friendly negotiations, the ‘investment agreement’ was signed and its terms completed. As the project was at the exploration stage, the client and its Peruvian partners required ongoing advice regarding the interpretation of the shareholders’ agreement governing the project and the management and resolution of disputes that arose between the client’s Peruvian partners and their other shareholders. These disputes were dealt with by the Peruvian courts, and all parties involved settled their differences and the project is back on track. The breakthrough came when the client’s managing director and the firm’s lead partner on the transaction travelled to Lima, Peru and negotiated face to face with members of the Peruvian family for one week in conjunction with the ALFA International firm located in Lima who assisted the firm greatly through their knowledge of the Peruvian family, Spanish language and local culture.
On 19 November 2010 there was an explosion underground at the Pike River Coal Mine on the West Coast of New Zealand which killed 29 mineworkers. A multi-national company based in the USA, through its New Zealand subsidiary, had supplied critical electronic componentary to the mine. The company was concerned as to what role, if any, its products had in the explosion. The company worked closely with an ALFA International US firm and asked for a referral. Immediately, an ALFA Australasian firm was engaged to assist with the "legal hold" notification circulated throughout the client's south-east Asian region. Subsequently, the firm was engaged to represent both the parent and subsidiary companies in the Royal Commission of enquiry and other regulatory investigations over a two year period.