We are dedicated to ensuring our clients receive excellent service and results. Below are some examples of recent successes we've achieved for our clients.
Anti-discrimination and EEO
We recently acted for a tertiary institution in large scale litigation defending allegations of discrimination in employment. The complainant alleged that he had been discriminated against because of his "workplace activity", including his attempts to invoke the institution's grievance resolution procedures.
The matter required detailed factual analysis, as well as consideration of numerous policies, practices. The dispute resolution procedures, included the preparation of extensive materials, briefing a large number of witnesses and counsel.
Despite being listed for a ten day hearing, the applicant withdrew, his complaint was dismissed and costs were awarded in favour of our client. Given that this tribunal is typically a no cost jurisdiction, this was a particularly significant result.
Building, construction & engineering
We acted for two different Contractors on two different ECI procured projects – one a technologically intensive, highly specialised building complex, the other a large civil works project.
In each case, we worked with the Contractor on its tender response and initial contract formation and then on transition to guaranteed maximum price design and construct asset delivery. In each case, we helped to identify risks and found risk management solutions acceptable to both parties, allowing establishment of a strong and mutually respectful relationship–based contract.
Capital raising and financing
We have advised numerous companies on initial public offerings and listing on the Australian Securities Exchange, including M2 Telecommunications Group Limited, K2 Asset Management Holdings Limited and Green Invest Limited.
We have assisted with all legal aspects of the initial public offering including:
- due diligence
- preparation of prospectus
- advising on underwriting or lead manager agreement
- liaising with the Australian Securities and Investments Commission and the Australian Securities Exchange in relation to the prospectus and the listing
Company and securities law
We act for a substantial shareholder in an ASX listed real estate investment trust (REIT). This REIT is involved in a broad range of dealings with various stakeholder interests.
We have supported our client’s activities in the market by providing advice across a number of different areas of law. This has included providing advice regarding an on-market takeover and advising on a rights issue before the Takeovers Panel.
We recently assisted OAMPS Insurance Brokers Ltd to successfully enforce a post-employment restraint for a period of 12 months in a matter that was ultimately decided by the NSW Court of Appeal.
We were also successful in enforcing three post-employment restraints for a national retail client within the space of three weeks in late 2010, in three different states. In each case, we were able to restrain senior former employees of our client from commencing employment with a competitor to ensure that the client's business interests were protected.
Enforcing post-employment restraints can be a difficult exercise as the courts start from the position that they are unenforceable. Therefore, achieving these results across four different jurisdictions was extremely pleasing and of great commercial value to our clients.
Environment & planning
We assisted a major oil company in dealing with contamination issues associated with the divestment of a large number of sites throughout Australia.
The issues requiring resolution involved both contractual negotiations and dealings with regulatory authorities.
We worked closely with technical environmental consultants to deliver practical and commercial solutions to allow for the divestment of sites.
Family and relationship law
We were successful in obtaining what is believed to be one of the largest (if not the largest) court orders for the recovery of arrears of maintenance. This was in relation to the enforcement of an alimony order which had obtained by our client who lived in America, and who had not been paid alimony for approximately 10 years.
Our services involved registering the order in Australia and then carrying out forensic searches to ascertain the true financial position of our client's former husband. We then successfully applied for a court order to recover the arrears.
We assisted a large national employer in the drafting, negotiation and approval of a multi-union workplace agreement which covers over 30,000 of its employees. This included advising how to commence the process in accordance with legislative requirements, its dealings with the relevant unions (including the tensions developing between the unions) and the content of the agreement.
We also helped our client plan out the complex steps it needed to take in order to put the agreement to a vote and to have it successfully approved by Fair Work Australia.
The agreement was subsequently approved without the need for a formal hearing. Our client has ensured that it has certainty both for itself and for its employees in relation to their terms and conditions of employment.
We acted on instructions from an insurer for their client, a tenant in a shopping centre. The shopping centre was destroyed by a fire originating from the tenant's premises. Actions were commenced by the landlord, seeking damages associated with the loss of the building and associated rent, as well as two other tenants claiming business interruption losses.
There was some dispute about the cause of the fire, and technical arguments about the terms of the lease and whether these defeated the landlord's claim. However, perhaps most critically, significant issues arose due to the plaintiffs' claims totalling an amount which exceeded the relevant policy limit. As such, it was necessary to consider the possibility of uninsured components, requiring even greater liaison and association between insurer and insured than is typically the case.
We achieved an outcome which involved a considerable reduction on the quantum sought and the claims resolving within the indemnity limit - a great result for both our insurer and their client.
International trade and investment
We successfully represented an overseas entity who wished to purchase assets in Australia. Our services included navigating the requirements of the FATA and foreign investment policy on behalf of our client.
The transaction was unique, as the acquisitions included a variety of assets across a range of different industries and jurisdictions in Australia.
We recently conducted a major fraud investigation for a national petroleum retailer/distributer. Our investigation uncovered a multi-million dollar scheme involving numerous employees who had exploited weaknesses in our client's policies and controls. We are continuing to take recovery action against the employees involved, following their immediate termination from employment.
Colour trademarks is an emerging area of law. Over a number of years we have successfully protected the trade marked colours of a leading national sports organisation. These colours are synonymous with our client’s sport, history, reputation and brand name.
Our advice has been particularly important in communicating the client’s stance, with regard to the trademark, to the wider competitive market.
Mergers, acquisitions and joint ventures
Lander & Rogers advised M2 Telecommunications Group Ltd (ASX: MTU) on its acquisition of Primus Telecom, including in relation to legal due diligence and review and negotiation of the purchase agreement. The acquisition made M2 the 5th largest telco in Australia.
We have also advised M2 in relation to numerous bolt on acquisitions, including:
- the acquisition of shares in a private company
- the acquisition of two listed entities by way of scheme of arrangement (Orion Telecommunications Limited and People Telecom Limited)
- the acquisition of the Commander (company in liquidation) business assets.
We have assisted with all legal aspects of these transactions, including advice on transaction structure, due diligence, preparation and negotiation of transaction documents and stamp duty advice, often under tight timeframes.
Occupational health and safety
We successfully defended a large national manufacturer, which was prosecuted by the Victorian Government following a workplace incident in which an employee's hand became trapped between the gears of a machine. The incident resulted in partial amputation of the tips of two fingers of the employee's right hand.
It was alleged by the prosecution that the machine lacked sufficient guards as it allowed the employee to access moving parts while the machine was still slowing down.
At trial, we were able to demonstrate before a judge and jury that our client had taken wide-ranging measures to identify and control the risks posed by the machine.
As a result, the jury was satisfied that the employer had done everything that was reasonably practicable to assess and identify the risks associated with this machine and acquitted our client.
As part of Wesfarmers' acquisition of Coles Group, we conducted property due diligence on all Coles Group stores, offices and other operational sites across Australia. Our role was to identify legal risks and issues impacting on the value of the portfolio.
This exercise was further complicated by the diversity of the leasing arrangements, through leasehold ownership of the various Coles Group store and facility locations.
The project involved the firm's partners and staff working in 11 separate sub-teams to examine over 1100 separate leasehold and freehold properties, as well as carrying out title searches all to determine any legal restrictions that could have affected the Wesfarmers acquisition. We also managed a review of all contracts of sale, joint venture and development agreements associated with the Group’s locations.
We assisted a New Zealand entity to navigate the anti-money laundering legislation in New Zealand. Our advice included submissions to the New Zealand Government and appearing before the relevant Parliamentary Committee.
Our involvement was significant, as we were able effect change at the legislative level, both before and after the introduction of the Bill into Parliament.
We were appointed to draft and implement an entire business compliance program for a large multinational retailer. Our client had provided undertakings to the ACCC arising from an inadvertent breach of the Trade Practices Act.
We recommended taking a "holistic" business approach, so that risks across the business were addressed, rather than simply implementing a compliance program to address the Trade Practices Act issues.
Using the process under the Australian standard for risk management, we worked closely with senior management to devise a program that was practical, avoided red tape, added efficiencies and value to business processes and complied with the undertakings given to the ACCC. The implementation was achieved ahead of schedule and satisfied the ACCC's requirements.
The compliance program included a compliance policy statement, compliance monitoring and customer complaints handling procedure. This has led to reduced risks in the business and for the Board, as well as creating greater customer satisfaction. The process is now an everyday part of our client's business.
Sport and events
We advised a major Australian national sporting organisation on the restructure of is professional league. This included the amalgamation of a number of legal entities and the effective creation of a new league including all relevant contractual and intellectual property arrangements.
We prepared and advised on the development and implementation of the risk management program for a major multi sport, multi venue event. The event was a success with all risks successfully managed.
We recently developed and launched a sophisticated online file management system for a key client.
The system gives our client electronic access to all our files, documents and correspondence, as well as allowing them to provide instructions electronically. It also captures data according to a set of agreed KPIs, and this information is available to our client in real time via the system's reporting function.
We are currently this client's only panel firm to offer such a service. The benefits of this system to our client include:
- Access to all files and KPI reporting information at any time
- Ability to track instantly the progress of any given matter
- Complete transparency of legal work undertaken by us
- Retaining supervisory control over their files
- Ability to monitor our management of the KPIs at the click of a button
- Audit their own files, without the need to physically attend our office