Navigating Successful Business Sale Transactions: Strategies, Considerations and Best Practices

Getting the essentials correct in business sales transactions will be imperative in the current economic climate. Join us to discover the secrets of successful business sale transactions, the complexities of the transfer of employment, the implications of warranties and conducting due diligence plus occupancy rights unfolded. Unpack protecting IP assets and maximising their value upon sale. Gain insights into property valuation in business sales transactions and perspectives from an expert witness.

Thursday, 7 September 2023
3.45pm to 4.30pm Unraveling the Complexity of Property Valuation in Business Sale Transactions and Insights from an Expert Witness
  • Capitalisation rates: understanding the driving factors
  • Valuing trade-related properties: the interdependencies between the business and the property
  • Expert witness perspectives: invaluable insights and lessons learned

Presented by Peter Ferrier, Director, Sovereign Valuations and Mark Ferrier, Senior Valuer, Sovereign Valuations

2.00pm to 2.45pm Mastering Business Sale Essentials
  • Due diligence -what actions you need to take to help you make an informed decision
  • Sale and purchase of business restraints – non-compete and non-solicitation
  • Vendor warranties – safeguarding interests and managing risk
  • Landlord’s consents and occupancy rights
  • Adapting to the new normal - lingering Covid rent relief obligations

Presented by Stuart Wilson, Director, Nevett Ford Lawyers

Chair:

Ric Birkett, Principal, Aitken Partners

2.45pm to 3.30pm Unpacking IP Considerations in Business Sale Transactions
  • Types of business IP
  • How to protect IP
  • Moral rights, what you need to know
  • How to create a business IP register
  • Preparing IP assets for sale to maximise their value
  • How to carry out IP due diligence when purchasing a business
  • How to deal with third party IP rights in business sale transactions
  • Business sale contracts & critical IP provisions
  • Transferring business IP - a practical guide
  • What key issues can arise with IP and business sale transactions – and how to avoid these

Presented by Jennifer Tutty, Principal, Studio Legal

4.30pm to 5.15pm Tips, Tricks and Pitfalls: Employment Law Considerations in a Sale of Business to Mitigate Risk and Ensure Compliance
  • Transfer of business under the Fair Work Act 2009 (Cth)
  • Dealing with employment entitlements
  • Mitigating risk of claims
  • Getting your due diligence right
  • Transfer of industrial instruments
  • Critical employment law considerations for a business sale and purchase agreement

 Presented by Joel Zyngier, Principal, Gilchrist Connell

Description

Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

3.30pm to 3.45pm Afternoon Tea

Presenters


Ric Birkett, Principal, Aitken Partners
Ric Birkett is a principal lawyer in the Commercial and Property Section of Aitken Partners and has been in practice for over 25 years. His practice covers a broad range of corporate, commercial and property work in the commercial and not for profit sectors, including particular involvement in the aged care and retirement living industry (with recognition in the Health and Aged Care list in Doyle’s Guide). His work includes advising a range of clients in respect of governance, compliance, structuring and a range of commercial and property transactions including mergers and the purchase and sale of businesses and business interests.


Jennifer Tutty, Founder & Managing Principal, Studio Legal
Jennifer is the founder and principal of Studio Legal and recognised as a leading IP lawyer in Victoria by Doyles Guide. Jennifer’s dedication to her legal craft and hard work has seen Studio Legal become a ‘go to’ firm for creative people and businesses in Australia. With 20 years’ legal experience as well as being a business owner and creative herself, Jennifer has a special interest and skill in protecting the intellectual property rights of architecture and interior design firms and other businesses within the design and building industry. When she’s not in the office, you will find Jen out walking, creating mood boards for her ‘forever’ home, listening to her favourite albums on vinyl or hanging with the family.


Peter Ferrier, Director, Sovereign Valuations
Peter Ferrier has been in the property valuation industry for over 15 years which has included risk and business management roles. Peter’s property valuation experience spans across most property classes and purposes with the majority of his engagements now being for disputed compulsory acquisition and litigation matters.


Mark Ferrier, Senior Valuer, Sovereign Valuations
Mark Ferrier has been in the property valuation industry for over 35 years with roles held at the Valuer Generals Office and the Commonwealth Bank of Australia prior to establishing a valuation firm in 1997, where he worked for 25 years managing a team of valuers and support staff.


Stuart Wilson, Director, Nevett Ford Lawyers
Stuart was admitted as a solicitor in January 2000 and gained broad experience in property, business, corporate and finance matters under the tutelage of several accredited specialists in private practice. He then transitioned to a position as in-house counsel and board advisor for a financial and property investment business, where he also acted as the Development Manager of several property projects and served as a member of the executive strategy team and was the Company Secretary. Stuart is an Accredited Specialist in Commercial Law. His areas of practice are primarily: Commercial and business transactions and agreements (including asset sales and acquisitions, partnerships and ventures and other property and business-related activities); Corporate transactions including share issues, transfers and buybacks; Corporate governance, board processes and directors’ duties, Property development advice; Leasing and; Advice on funding and finance activities. Stuart loves to travel and spends the rest of his spare time reading, working on his golf game and sailing.


Joel Zyngier, Principal, Gilchrist Connell
Joel is the national head of Gilchrist Connell’s Employment Practices Liability / Management Liability practice. He has extensive experience in workplace relations and safety law, and in 2012 was certified by the Law Institute of Victoria as an Accredited Specialist in Workplace Relations. Joel assists clients defend the full gamut of employment law claims and investigations and prosecutions by work health and safety (and other) regulators. Joel acts for insurers and self-insured clients, primarily under Employment Practices Liability and Management Liability or similarly named policies. He has acted in employment law and industrial disputes at almost every level of State and Federal court and tribunals, and has acted for witnesses in various public inquiries into corruption (including a Royal Commission and an IBAC investigation). Joel also deploys his extensive experience in ‘front end’ employment and work health and safety law to assist insured or self-insured organisations address their risk in these areas, for example, by drafting employment agreements, and workplace policies and guidelines. This has given Joel a deep understanding of areas of potential risk for insured organisations which is invaluable for claims managers, underwriters, risk managers and brokers operating in the EPL/ML space. The mainly federal nature of the workplace relations and safety jurisdiction means that Joel acts in EPL and ML claims throughout Australia, utilising the full resources of Gilchrist Connell’s existing EPL/MPL experience across its Melbourne, Adelaide, Perth, Sydney and Brisbane offices. Joel provides media comment on employment law development and regularly presents a range of educational seminars on employers’ obligations under employment and work health & safety legislation, and about how employers can reduce their risks of employee claims. In his spare time, Joel enjoys martial arts and practising his extensive negotiation skills with the most challenging of opponents – his two young daughters.

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Navigating Successful Business Sale Transactions: Strategies, Considerations and Best Practices

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Single Session
Thursday, 7 September 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
Face to Face 20240518 20230907

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Venue
Cliftons Melbourne - Southbank

Level 18/2 Southbank Blvd, Southbank Melbourne 

Directions

CLOSEST TRAM STOPS • Casino East/Queens Bridge St, 210m (3 min walk) • Federation Square/ Swanston St, 800m (10 min walk)


CLOSEST TRAIN STATIONS • Flinders Street Station, 700m (9 min walk)


CLOSEST BUS STOPS • Casino East, 240m (3 min walk)


NEAREST ACCOMMODATION • Oaks Southbank (4 min walk) • The Langham (4 min walk) • Quay West Suites (6 min walk) • Crown Promenade (8 min walk)

FROM AIRPORT • Driving distance approx. 26km • Taxi or UBER: 26-50 min depending on traffic (Taxi phone 13 2227) • SkyBus, alight at Skybus Terminal, walk to cnr William/Bourke Sts and take no.58 tram to Casino East/ Queensbridge (trip total approx 40 mins)

Parking Information

Parking is not included in your registration. Possible options:

Wilson Parking, 2 Freshwater Pl Southbank (1 min walk) • Wilson Parking, 2 Riverside Quay Southbank (1 min walk)

Click here to view rates.