Business Sales and Transactions

Gain a comprehensive understanding of how to navigate the many legal & commercial issues that will make a business sale a success or a failure. Analyse preliminary contracts, learn how to value the business, understand the important employment and tax considerations in a business sale & perfect your due diligence strategy. Gain the latest legal developments & fundamental tactics when dealing with IP and walk away with a practical checklist to effectively complete the deal.

Thursday, 15 August 2024
Professional Skills
3.00pm to 4.00pm Valuation of a Business: A Deeper Understanding
  • Professional standards
  • Are all valuations the same?
  • Which valuation methodology?
  • Selecting an earnings multiple
  • What drives value?
  • Valuation traps

Presented by Alan Max, Partner, Pitcher Partners; Business Valuation Specialist, Chartered Accountants Australia and New Zealand

11.15am to 12.15pm Taxation Issues in Business Sales
  • Vendor tax issues.
  • Purchaser tax issues
  • Share sale v asset sale
  • GST and the sale agreement
  • CGT withholding
  • Drafting/managing tax warranties.

Presented by Ken Schurgott CTA, Solicitor and Director, Schurgott & Co Lawyers

Ethics & Professional Responsibility
4.15pm to 5.15pm A Practical and Ethical Guide to Completing a Business Transaction
  • Fundamental commercial, legal and ethical duties of solicitors to complete a business transaction
  • Various stakeholder and regulatory completion considerations
  • Practical steps to maintain momentum
  • Ethical do’s and don’ts
  • Dealing with changing terms and circumstances
  • Checklist considerations to complete the “Deal”

Presented by Andrew Pavuk, Executive Principal, Pavuk Legal

2.00pm to 3.00pm Franchises: Key Considerations when Buying and Selling
  • Compliance with the Franchise Code of Conduct
  • Specifics of a franchise agreement: key things to look out for
  • Considering licenses, leases and permits
  • Understanding the franchisee/franchisor relationship
  • Common franchising disputes in sale and purchase situations

Presented by Elizabeth Gore-Jones, Principal, The Franchise & Business Lawyers 

10.00am to 11.00am Employment Considerations in Business Sales
  • The importance of employment issues in business sales
  • The due diligence process
  • Transfer of business provisions in the Fair Work Act (including transfer of industrial instruments)
  • Employment continuity issues
  • Adjustments

Presented by Michael Byrnes, Partner, Swaab

Session 1: Key Considerations for Successful Business Transactions

Chair: Darren Pereira, Partner, Holding Redlich

Session 2: Valuations and Ethical Considerations in Business Transactions

Chair: Tony Arena, Managing Director, BCI Business Brokers

Professional Skills
9.00am to 10.00am Effective Due Diligence in a Sale of Business
  • Ensuring a business purchase is as promised: vendor warranties, personal inspection/trial periods, and due diligence
  • What to ask for in due diligence: marketing material, assumptions list, and proposals
  • Limiting the scope of the due diligence: relevance, ‘otherwise covered’ and materiality
  • A guide to identifying material risks
  • Who participates in due diligence and how to allocate tasks
  • Controlling and managing the flow of information
  • The due diligence report

Presented by Selwyn Black, Partner, Carroll & O’Dea Lawyers; Accredited Specialist in Business Law

12.15pm to 1.15pm Dealing with IP Issues in Sale of a Business
  • Be IP ready in event of a business sale
  • IP assets in mergers and acquisitions/due diligence
  • Consultants/retention of IP
  • Scope of IP warranties
  • Intragroup IP licensing arrangements and maintaining valid marks
  • Names and Marks
  • IP and restraint of trade clauses

Presented by Alison Jones, Special Counsel and Notary Public, Corrs Chambers Westgarth

Description

Attend and earn 7 CPD hours including:
4.5 hours in Substantive Law
0.5 hour in Ethics & Professional Responsibility
2.5 hours in Professional Skills

This program is applicable to practitioners from all States & Territories

*This is an interactive recording so that you can claim uncapped annual points from this type of activity

11.00am to 11.15am Morning Tea Break
4.00pm to 4.15pm Break

Presenters


Selwyn Black, Partner, Carroll & O’Dea Lawyers
Selwyn Black is one of Australia’s most experienced commercial law partners. He has significant business acumen, enabling him to work together with clients to achieve practical solutions. Selwyn listens carefully to clients to get the best understanding of their business, industry and goals. This enables him to help clients succeed. Selwyn has particular expertise in the establishment, sale and/or purchase and restructuring of companies, trusts and businesses. He has worked in the pharmaceutical, food, media, IT, engineering and transport industries. Selwyn is also a determined advocate and strategist in any dispute including business, compliance and estate disputes. He has also provided legal advice to a range of property developers and investors and has undertaken an extensive range of projects involving hotels, shopping centres and offices. Selwyn closely understands the needs of not-for-profit organisations. He acts for 2 industry associations, and has carried out innovative restructures, managed acquisitions and other commercial complex arrangements. He also assists with fiduciary, disciplinary, compliance and outsourcing issues. Selwyn is on the board of St Vincent’s Curran Foundation, and carries out significant pro bono work for charities.


Michael Byrnes, Partner, Swaab
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".


Darren Pereira, Partner, Holding Redlich
Darren Pereira is a Partner in Holding Redlich's Corporate and Commercial Group and has extensive experience in a range of corporate transactions, including: mergers and acquisitions (including takeovers); private equity; fundraisings (private and public); initial public offerings; joint ventures; financing transactions and restructures. Darren has particular expertise in cross-border transactions having advised foreign clients on all aspects of corporate finance transactions in Australia, including fundraising, takeovers, financing and securitization.


Alison Jones, Special Counsel and Notary Public, Corrs Chambers Westgarth
Alison Jones is a Special Counsel in the intellectual property practice of Corrs Chambers Westgarth, Australia’s leading independent law firm. Alison specialises in intellectual property and consumer protection law, and advises clients across all business sectors on a range of IP, regulatory and related areas including IP strategy, advising on commercial arrangements of various kinds and contract drafting, advertising and marketing, competition and consumer law issues, IP enforcement, and commercial regulatory (including food law, cosmetics, life sciences and therapeutic goods regulation, product liability risk and recall, privacy and data protection). Alison's experience in this area also includes secondments at leading companies in IP-driven sectors, including fast moving consumer goods and life sciences.


Alan Max, Partner, Pitcher Partners
Alan Max has over 20 years' experience advising private and listed clients on their corporate transactions. With a demonstrated track record in business, intangible asset and option valuations, Alan has a deep understanding of business drivers, competitive positioning and the market environment. Skilled in advising on M&A transactions, Alan enjoys the personal challenge of thinking outside the square to tackle challenges and deliver pragmatic solutions. Alan's advisory work is supported by experience gained serving on various Boards / Advisory Boards, as well as the State Leadership Group of Juvenile Diabetes Research Foundation (JDRF). Industry appointments include the Expert's Panel of Chartered Accountants Australia and New Zealand and the Valuations Taskforce of the Accounting Professional & Ethical Standards Board. Alan specializes in: Valuations of businesses, intangible assets, options and other financial instruments for the purposes of M&A, taxation and financial reporting; Strategic value advice to enhance business value; Corporate advice in relation to M&A, divestments, joint ventures and restructuring; Independent Expert's Reports for ASX-listed company transactions; and Expert Opinions for litigation proceedings and dispute resolution purposes.


Andrew Pavuk, Executive Principal, Pavuk Legal
Andrew Pavuk is the Executive Principal of Pavuk Legal. Andrew specializes in Corporate and Financial Services Law including Business and Practice Succession, as well as Financial Services including Superannuation, Funds Management and Financial Products for over 20 years. Andrew has acted for a range of corporate clients includes SMES's family businesses and professional practices in respect to Business and Practice Succession. In respect to Financial Services, Andrew has acted on many large transactions on such diverse matters such as the drafting of the Life and Superannuation Acts on behalf of the World Bank for the Government of PNG, ING Business Life Insurance Product and the AMP Estate Planning Project. Andrew regularly presents to clients and industry associations on topical issues relating to Financial Products and Distribution, Tax and Revenue. Andrew's clients include private clients, small and large businesses, financial intermediaries, accountants, superannuation trustees and financial institutions. Andrew has also written the book Nobody Else's Business outlining strategies used by successful Business Owners to keep, sell or close their businesses for a profit.


Ken Schurgott CTA, Solicitor and Director, Schurgott & Co Lawyers
Ken Schurgott is a Solicitor - Director of Schurgott & Co Lawyers specializing in taxation matters (including State Taxes, stamp duty, payroll tax and land tax) and with extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts. Ken has been heavily involved in consultations with the ATO and Treasury on matters involving trusts. Ken was a member of the Board of Taxation Working Group on 2011 Report on the Taxation of Collective Investment Vehicles which led to the introduction of the AMIT regime. He was National President of The Tax Institute in 2012.


Tony Arena, Managing Director, BCI Business Brokers
Tony Arena is Managing Director of BCI Business Brokers and has over 30 years' experience of business broking in Australia. He graduated in Arts and Law from Sydney University in 1976 and since then has run his own business. With his vast experience in the industry, Tony has lectured to and held seminars for over 500 agents, in the areas of Business Management, Retail Leases and Negotiation. He has delivered live seminars and webinars to the accounting and franchising industry, sharing his knowledge of business value, maximizing business value and getting a business ready for sale. Tony is a fellow of the Australian Institute of Business Brokers and is respected by the industry. Tony's experience and knowledge of the market will enhance the chances of selling your business quickly and at the price you want.


Elizabeth Gore-Jones, Principal, The Franchise & Business Lawyers
Elizabeth Gore-Jones was admitted in 1994 and commenced specialising in franchising law in 2000. She started her law firm "The Franchise & Business Lawyers" in 2012 specialising in providing commercial, business and franchising advice to franchisors and franchisees alike. She is a member of the Queensland Law Society Franchising Committee and is a past member of the Franchise Council of AustraliaTue, the Queensland chapter of the Franchise Council committee and the Women in Franchising committee. Elizabeth lectures at the Bond University PLT course explaining franchise legal practice to graduate law students. Elizabeth has a particular interest in setting up new franchise systems and assisting franchisees in dispute to reach an agreement without resorting to the court system.

233N37

Business Sales and Transactions

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All Sessions
Thursday, 15 August 2024
9.00am to 5.15pm
CPD Points 7
$795.00
$556.50
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Morning Session
Thursday, 15 August 2024
9.00am to 1.15pm
CPD Points 4
$505.00
$353.50
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Afternoon Session
Thursday, 15 August 2024
2.00pm to 5.15pm
CPD Points 3
$420.00
$294.00
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Venue
Cliftons - Spring Street

Level 3, 10 Spring Street, Sydney

Directions

Nearby Public Transport: 

Train Stations - Wynyard 400m OR Martin Place 500m

Bus Interchange - Clarence Street 450m

Parking Information

Parking not included in you registration. Here are some options below.

Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates