Business Advisory

Executives and boards now operate in a stringent, sometimes hostile, compliance environment. Our business advisory team safeguards clients and provides pragmatic commercial advice; we ensure actions are permissible and defensible, while enabling clients to achieve and surpass their commercial ambitions.

We understand the challenges of conducting business in today's complex corporate world - and can help you manage the risks and resolve problems quickly and cost effectively. Our service covers all the essential corporate, regulatory and compliance issues that affect corporations - from shareholders' rights to statutory reporting requirements.

We provide early warnings on potential areas of difficulty or conflict. This forward outlook, has a positive impact it has on our clients' commercial results.

Our extensive industry experience means we have a good understanding of the issues you face and we have the expertise and resources to resolve them.

A number of frequently asked questions and concerns may be familiar to you:

• How do I protect our brand and copyright in the Internet age?
• Why is our board spending more time dealing with regulators than on important strategic work?
• I believe we are trade practices compliant but how would we respond to an ACCC enquiry?
• How can we reduce the administrative burden of company secretary duties?
• Are our confidentiality agreements adequate to protect our intellectual property?
• With all the changes in our industry, I'm not confident that our trade agreements are as effective as they could be.

• Newsletter: Franchising Focus - July 2008

  Welcome to the July issue of Franchising Focus. In this issue we examine: Yet another franchising inquiry; When does regulation become red tape?; Use of geographic name denied; and Acquiring franchise networks - shares v assets

  28 Jul 08 Marshall Bromwich, Stephen Giles, Greg Hipwell, Tamra Seaton, Susan Spicer

• Legal update: New Guidance Note issued by the Takeovers Panel on equity derivatives

  On 11 April 2008, the Takeovers Panel (Panel) released Guidance Note 20 - Equity Derivatives (Guidance Note) outlining when, and in what circumstances, the use of equity derivatives may constitute unacceptable circumstances and require disclosure to the market.

  17 Apr 08 Shane Bilardi, Robert Sultan , Natalie Trezise

• Legal update: ACCC releases new draft merger guidelines

  The ACCC recently published its 2008 Draft Merger Guidelines for consultation. These guidelines are intended to provide an explanation of the framework the ACCC will apply when considering whether a merger or a proposed merger could substantially lessen competition in a market. Guidelines such as these issued by the ACCC from time to time, provide a useful overview of polices and procedures applied by the ACCC when reviewing proposed mergers.

  4 Mar 08 Jyoti Singh and Chris Mitchell

• Legal update: Further guidance on the meaning of

  In October 2004, we included an article in the Deacons publication “Franchising Focus” regarding the case of Capital Networks Pty Ltd v au. Domain Administration Ltd (Capital Networks) which considered the meaning of “franchise agreement” under the Franchising Code of Conduct (Code).

  31 Oct 07 Nigel Jones , Jessica Rowe

• 100 at 100 year anniversary

  A century after being founded in Longreach in 1907, Cannan & Peterson celebrated their historic anniversary at Deacons’ Brisbane office on 11 September.

  28 Sep 07 Cynthia Galipo

• Legal update: Taxation of Financial Arrangements - Bill Introduced

  The introduction of significant new tax legislation into Federal Parliament before the calling of the Federal election continues with the Tax Laws Amendment (Taxation of Financial Arrangements) Bill 2007.

  21 Sep 07 Peter Norman

• Newsletter: Franchising Focus - September 2007

  Welcome to the September edition of Franchising Focus. Deacons Client Activities – FCA National Convention Over 800 delegates are expected to attend the Franchise Council of Australia Convention in Melbourne between Thursday October 11 and Sunday October 14. Deacons will be running a series of client activities concurrently with the Conference.

  14 Sep 07 Stephen Clune, Stephen Giles, Dylan McKimmie, Marcus O'Brien

• Legal update: Recent Tax Developments of interest to Private Equity industry

  The past few months have seen a number of tax developments of interest to the private equity industry. This note provides a brief summary of some of these.

  12 Sep 07 Peter Norman

• Newsletter: Franchising Focus - August 2007

  It has been a big month for franchising! We have deliberately held back this issue of Franchising Focus so we could include details of the recently announced changes to the Franchising Code of Conduct, and the proposals for reform of retail tenancy proposed in industry submissions to the Productivity Commission Inquiry into retail tenancy issues. We have also included commentary on the recent decision of the NSW Court of Appeal in Ketchell v Master Education Services Pty Ltd, which held that failure to obtain Code certificates rendered a franchise agreement void and unenforceable.

  17 Aug 07 Stephen Clune, Stephen Giles, Dylan McKimmie, Marcus O'Brien

• Newsletter: Franchising Focus - June 2007

  Welcome to the June edition of Franchising Focus. In this issue we examine: Franchising Code Changes delay? Unions attack WorkChoices agreements and employment by service trusts; Recent Australian developments on the implied duty of good faith; Tying up the loose ends at the end of a franchise; and Current ACCC activity.

  12 Jun 07 Stephen Giles, Nigel Jones, Stuart Kollmorgen , Laura Nicholls, Lisa Anaf, Rohan Doyle, Carolina Mondello.