Impex Lawyers & Advisors

Impex Lawyers And Advisers
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Category: Recent Matters

Some recent matters our firm has been retained for to demonstrate capabilities:

Civil Litigation

Civil Dispute – Letter of Demand

Our client (company) entered into a Contract with a Company to perform certain services. We assisted our client with negotiating and liaising with the Company to perform the services as agreed between both parties.

Civil Litigation – Commercial Dispute

Our client (company) entered into an agreement with the other party (company) which allowed the other party to gain access to one of our client’s business accounts. The director of the other party engaged in several unauthorised withdrawals for personal use. We assisted our client with recovering monies owed from the unauthorised withdrawals by way of Deed of Settlement.

Civil Litigation – Breach of Contract

The other party filed a Complaint against our client for a refund of purchase price and loss of commission. We assisted our client in preparing a defence in the civil litigation matter, which includes drafting defence documents, discovering important evidence, conducting ancillary searches and representing our client in court.

Civil Dispute – Response to Debt Recovery

Our client sublet a property to a sublessee who caused damage to various other properties. Our client received letters of demand requesting payment for damages caused. We assist our client by advising on our client’s legal position in the matter, negotiating and responding to any potential legal actions that may be brought against our client.

Civil Litigation – Breach of Contract & Misleading and Deceptive Conduct

We assisted our clients in filing a civil claim against the other party for a breach of contract and misleading and deceptive conduct. We reviewed all documents provided, drafted a detailed chronology of events, and corresponded with the other party.

Civil Litigation – Misleading and Deceptive Conduct

We advised our client on the possible causes of action against a real estate agent who our client alleges to have misled them in selling their property at a lower price. We also advised on options in pursuing the claim.

Civil Litigation – Misleading and Deceptive Conduct

Our client entered into a dispute with another party regarding the misleading and deceptive manner the other party was involved in promoting sales of apartments-in-development by our client. We advised our client on the possible causes of actions and remedies available.

Civil Litigation – Breach of Director Dues and Misappropriated Funds

Our client entered into an agreement with another party as directors of a company where the other party deceitfully misappropriated funds from the company. We are assisting the client in recovering the funds by identifying the possible causes of actions and pursuing the necessary remedies.

Civil Litigation – Damage to Property prior to Settlement

Our client sold a property to the purchaser, where the purchaser sued for damage to the property prior to settlement. We assisted our client in defending the Supreme Court claim, negotiated with the other party and assisted in settlement procedures.

Civil Litigation – Misleading and Deceptive Conduct and Loss of Opportunity

We are assisting our client in claiming for his rights to a deposit as a result of a Section 32 Statement provided by the vendor. We assist our client by defending the claim, submitting and reviewing subpoena requests and documents, made submissions and prepared the necessary documents for litigation.

Civil Litigation – Breach of Contract and Confidentiality and Loss of Opportunity

We are assisting our client in reviewing his documents, drafting a chronology, identified possible causes of actions and remedies available to him and advised him of possible solutions.

Employment Law

Employment Law – Employment Contracts

We advised our client on independent contractor agreements under the Labour Hire Licensing Act 2018 and also assisted with preparing appropriate agreements for their relevant workers.

Employment Law – Employment Contracts

We advised on various Fair Work Ombudsman Awards that apply to the employment of carpenters in Victoria, and the various provisions to be included in the employment agreement. We also drafted and prepared employment agreements for our client.

Banking and Finance

Banking & Finance – Managed Fund

Retained by Australian private company as General Counsel looking to establish a residential & commercial mortgage fund in Australia through debt/equity from local and overseas sources;

Banking & Finance – Solicitor’s Certificate

We reviewed relevant guarantor and loan documentation provided by an Australian bank, conducted an interview with the client and prepared a letter of advice in relation to the obligations of the guarantor.

Banking & Finance – Advice

We assisted our client with refinancing a property for additional loans and provided independent legal advice in relation to obligations and implications associated with a guarantor or borrower. We also assisted our client in obtaining a Solicitor’s Certificate.

Banking & Finance

An individual, claiming to be a private forex provider engaged our client with a financial investment proposal. This resulted in the transfer of money into our client’s Australian Bank account. However, this sum of money was subsequently withdrawn by the bank on the basis that they were investigating into the source of the funds. We assisted our client with the recovery of funds from the Australian Bank and other relevant parties.

Banking & Finance – Bankruptcy

We advised our client on the implications of making a voluntary bankruptcy application, including the impact on a prenuptial agreement that was made between our client and their former partner.

Consumer Loans – Loan Refinance and Advice on Loan Default

We assisted our client in dealing with an unregulated private loan. We advised on the availability of remedies through AFCA, and the possible steps our client could take in rectifying their situation.

Banking & Finance – Conciliation

Our clients were fraudulently induced into making an investment and other financial arrangements not in their best interests where they suffered significant financial losses. We assisted our clients with a conciliation conference with the other party through the Australian Financial Complaints Authority (AFCA) to settle the financial dispute.

International Trade

International Trade – Food

Our client is a leading food services business seeking to expand internationally through the creation of new brand development. Our firm developed, managed and executed the overall export strategy and supporting legal advice both in Australia and throughout Asia including corporate structuring, trademark analysis and registration, buyer negotiation, supply chain management and supporting drafting and negotiation of contracts.

International Commercial – Fintech

Acted for an Australian client to negotiate with a USA based company offering digital back-office for online investing and lending applications which are accessible through an open API and aims to be the de facto virtual back office to the online investing and lending market.

Or –

Acted for an Australian client who aims to be the de facto virtual back office to the online investing and lending market. We assisted them in negotiating with a USA-based company offering digital back-office for online investing and lending applications which are accessible through an open API.

International In-house Counsel – Medical

Retained by a Medical cannabis client in Joint Venture with the Vanuatu Government for corporate strategy and business development with identification and managing 3rd party expertise for business planning, financial modelling, strategy and general Legal In-House Counsel services.

International Trade – Cosmetics

Retained by Australian private company to draft and negotiate the export agency of a leading Australian skin care brand for sale in HK & China;

International Commercial Contracts – Digital Marketing

Drafted and negotiated shareholders and supporting agreements between an Australian private company and a HK company whose business operates in China in the digital marketing space.

International Trade – Breach of Contract

Our client entered into a Contract of Sale with Company A for the delivery of goods and our client subsequently engaged a transport company to ship the goods to the designated address. An error made by the transport company resulted in a breach of contract between our client and Company A. This resulted in Company A purporting to terminate the Contract and demand a full refund. We assisted our client with liaising and responding to Company A’s letter of demand and recovering any potential damages from the shipping company.

International Trade – Partnership Agreement

We assisted our client with preparing and executing an International Partnership Agreement.

International Trade – Debt Recovery

We assisted our client, who is a foreign resident, in refunding goods shipped that did not match the specifications advertised. With the understanding that our client is a foreign resident, we provided advice in potential causes of actions available to recover costs and potential loss of earnings and explored the best avenues in recovering monies owed.

International Trade – Export Advice

Our client was asked to compensate money for causing delays to a shipping line’s schedule. The delay was a result of an unexpected fire that was believed to have been caused by batteries contained in toys that our client was shipping.

We advised our client’s on their rights, obligations and liabilities in relation to the incident. We also assisted in developing and implementing a preventative streamlined procedure for them, emphasising due diligence and compliance throughout the supply chain.

International Trade – Application for APEC Business Travel Card

We advised our client on the criteria in an application for an APEC Business Travel Card, including the relevant documentation and required supporting evidence. We also assisted in lodging the application on our client’s behalf.

International Trade – Compliance

Our client (company) entered into a contract with a Foreign Company A to supply equipment for a project in a foreign country. This project required a bank guarantee. Our client also entered into a contract with Foreign Company B to manufacture the said equipment. Foreign Company B provided our client with a bank guarantee that was not drafted in accordance with the relevant commercial requirements in Australia.

We assisted our client in ensuring both bank guarantees complied with the commercial law requirements in Australia and provided ongoing legal advice for the relevant transactions.

International Trade – Service level agreement with Chinese Suppliers

Our client entered into some outsourcing agreements with suppliers from China, whereby the suppliers would be responsible for the manufacture and wholesale of products. We assisted our clients in drafting a comprehensive service level agreement with current and future suppliers to govern issues including quality of goods, dispute resolution, refund/return and replacement policy, minimum order quantity, credits, payment terms and turnaround times, including the engagement and instruction of a Chinese mainland law firm.

International Trade – Compliance with Australian Border Force

Retained to provide legal advice to client on a request by the Australian Border Force to produce commercial documents. We corresponded with the officer in charge, reviewed client documents and advised on client’s legal rights, obligations and duties under the Customs Act 1901.

Property Law

Property – Lease

Our client sought to enter into a Lease Agreement with a Company. We advised our client on the Lease Agreement’s terms and conditions and negotiated with the other party should there be any necessary amendments to be made to the Lease Agreement in the best interests of our client.

Property – Joint Ventures

Retained by Melbourne property developer to identify and negotiate with prospective local and overseas Joint Venture partners with a current and future project pipeline forecast to deliver an end value in excess of $2 billion Australian dollars.

Property – Breach of Contract

Our client entered into a Contract of Sale for the purchase of property. Our client subsequently discovered that material alterations to the floor plan have been undertaken without notice or consent. The measurement for the indoor areas of the property were also misrepresented on the floor plan that was provided when our client signed the Contract of Sale. We assist our client with the potential breach of Contract by requesting justifications from the Vendor and subject to identifying a breach, draft and issue a rescission notice on the Vendor, recovering any potential loss and damages.

Property – Breach of Contract

We assisted our client in pursuing overdue rent and legally terminating a default contract. We then advised our clients on a new lease agreement.

Corporate & Commercial Law

General Commercial – Renewable energy

Retained by an Australian unlisted public company developing a world first, all-in-one combined thin film solar generation and battery storage solution licenced from the Australian Government and a leading Victorian University.

General Commercial & IP – Information Technology

Retained by an Australian private company for General Counsel and strategic oversight of IP protection for their developed proprietary software and design that creates a publicly accessible electronic identity associated with an address or location rather than an individual to be used anywhere in the world.

General Commercial & International – Exhibitions

Acted for an Australian private company to draft, negotiate and manage their International Licence Agreements for Europe, Russia, South Africa & USA involved in the exhibition industry.

Commercial Litigation

Acted for Australian Defendant in a monetary dispute in the jurisdiction of the County Court with a Chinese mainland-based lender.

International Commercial – Structuring & Acquisitions

Retained by Australian private company to identify, advise and manage high level skills and resources for the establishment of a Hong Kong Fund for acquisition of Australian hospitality, agriculture and tourism assets.

International Commercial – Therapeutic Goods

Retained by a Canadian private company operating in the CBD cannabis market in Joint Venture with Chinese mainland partner to target the global pet care industry.

International Commercial – Media & Fashion

Acting for Global media brand with over 500 million subscribers, for termination of former Australia & New Zealand licensee and identification, engagement and management of new partners.

Corporate Compliance – Remittance Services

Our client is a remittance service provider and we advised on their compliance to AFSL and AUSTRAC obligations.

Commercial Law – Procurement of Loan

We assisted our client in procuring loan facilities in the different stages of a
development project. We communicated with stakeholders and prepared necessary documentation for the loan facility. We also advised on a funding proposal required for loan facilitation.

Commercial Law – Purchase of Property

We assisted our client in his purchase of property for his company. We conducted the necessary due diligence involved in the purchase of a property, including

  1. Undertaking title searches
  2. Undertaking company searches
  3. Undertaking bankruptcy searches
  4. Undertaking ASIC insolvency notice searches.

We further advised on the results of searches.

Commercial Law – Application to Register as a Defence Broker

Our client (company) lodged an application with the Department of Defence to register as a broker to sell defence goods and equipment in various countries. We assisted our client by undertaking thorough research on case laws and local and overseas statutes and treaties pertaining to the sale and distribution of defence goods and equipment in Australia and internationally with the purpose of obtaining requisite
licenses and accreditations.

Corporate Law – Shareholder Agreement

We assisted our client in drafting a Shareholder Agreement and provided legal advice addressing issues involving transfer of shares and members exiting the company.

Commercial – Commercial Contract

We assisted our client in drafting a shareholders agreement in accordance with our client’s instructions, provided legal advice in relation to retaining a consultant to assist with the lodging of a permit application, and assisted with the lodging of the required permit application with the relevant authorities.

Corporate Law – Company Advice

Our client sought advice on options for recovering their company that was taken over by another party. We advised our client on potential causes of action they may take and the potential parties involved.

Corporate Law – Shareholder Purchase Agreement

We assisted our client as vendors in share acquisition deal in reviewing and advising on a Share Purchase Agreement and ancillary contracts, conducted due diligence for the share acquisition, and advised on the formalisation of the agreement, whilst corresponding with the vendors.