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Business & Commercial Law Case Studies

Case Study 1

A family business had developed forestry skills from generations of running rural businesses in New South Wales. The failure of governments to effectively curb logging of world forests, combined with an increasing demand for timber, inspired them to approach Turner Freeman Lawyers with a concept for a managed investment scheme.

Turner Freeman has been involved with forestry developments since 1987. As a result we were able to advise on the special type of land rights that applied to forestry and rural environments. Our commercial law group provided the following assistance:

  • Preparation of the necessary disclosure documents
  • Registration of the managed investment scheme
  • Advice on the technical aspects of legal compliance
  • Advice on the development of the final model

The clients were delighted to walk away with a disclosure document that they could take to market to sell their scheme.

Case Study 2

At 11 p.m. on 30 July, 1997, the Alpine Way embankment above Thredbo Ski Village collapsed. Eighteen lives were tragically lost when the landslide destroyed two ski lodges below the road. Many businesses operating in Thredbo Village also suffered substantial economic loss.

Over 20 businesses operating within the Village sought assistance from Turner Freeman Lawyers to claim damages on their behalf. We commenced proceedings in the Supreme Court of New South Wales and also represented their interests at the Coronial Inquest into the circumstances of the landslide, a process which took over a year. The damages claim lasted 115 hearing days in the Supreme Court before the parties agreed to enter into formal mediation. After prolonged mediation of the individual claims, we were pleased to achieve significant settlements for every client.

Case Study 3

A large regional smash repairer had entered into a joint contract with a government organisation to tow smashed vehicles. The latter decided not to continue with the joint venture, nor to renew the contract after it expired. Before entering the venture, local authorities had advised the repairer on the management and use of its tow truck licence. This advice turned out to be incorrect, even though they had sanctioned the management of the operation. When the contract ended, the repairer wished to continue its tow truck operation as it had prior to the contract. However during the term of the contract the legislation governing the holding and provision of a tow truck licences had changed. The application for a new licence was refused, keeping the tow truck off the road. This resulted in considerable loss of business, since tow trucks “feed” business to smash repairers. The repairer approached Turner Freeman for assistance.

Turner Freeman Lawyers initially made an application for review of the decision not to grant the tow truck licence. When that application was ignored, we escalated our appeal to the Administrative Decisions Tribunal. During the course of the application for review, we found that most of the documents from the relevant consent authority regarding the licence had not been produced. The authority eventually buckled to Turner Freeman’s extensive pressure and finally produced the documents. These confirmed our client’s claim that he was operating his tow truck business with their full consent and approval. The authority withdrew its objection and the licence was granted.

Case Study 4

The team at Turner Freeman Lawyers were approached by a large sporting and events organisation to handle a Signage Agreement contract between the client and a sports advertising agency. The client aimed to raise funds through the sale of signage packages and facilities. A number of very specific and detailed clauses were required for the contract. The advertising agency was to be awarded the exclusive rights to sell signage and provide marketing and advertising services for its clients within the grounds of the sporting venue. Certain type of signage were excluded from the agreement as the client wished to retain this entitlement.

A successful and highly profitable Signage Agreement was concluded between the two parties. The agreement ensured that the sporting and events organisation was to receive 80% of the total signage income per annum after package costs.

Case Study 5

Turner Freeman acted for a large entertainment venue in relation to an exclusive supply agreement between themselves and a major alcoholic beverage manufacturer to cover a 5 year period.

The agreement included the negotiation the use of signage and advertising at the venue. It also contained agreements for the distribution of products, competing product sales, dispensing equipment, staff and pricing policy. Special consideration were also given to sponsorship, worth many thousands of dollars, as well as conflicting advertising, venue hire and usage, tax, insurance, warranties and other matters including major national events that the venue frequently hosted.

 

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