No two businesses are the same. Our approach to providing corporate and commercial legal advice to all our clients, big or small, is to put ourselves in your shoes.

Working with you, we take a 360-degree view of your business, considering your strategic business goals, operational practices and risk profile. It is this big-picture thinking that allows us to see challenges and opportunities differently.

A Rigby Cooke lawyer becomes your business partner and will always strive to assist you to achieve your desired outcome. Our multi-disciplinary practice means we have the capacity to provide reliable advice across the full spectrum of your organisation’s corporate and commercial matters and transactions.

We act for some of Australia’s largest corporations as well as a wide range of start-ups, small-to-medium sized enterprises and high net worth individuals. 

We advise clients across a range of industry sectors and we understand the economic forces that affect business.

Corporate structures, governance and directors’ duties

Having the right company and governance structures in place is vital for the compliance obligations of your business. Rigby Cooke assists clients in establishing an appropriate legal structure that aligns with their short- and long-term commercial goals.

We can help with:

  • establishing appropriate legal structures
  • drafting and negotiating agreements including:
    • shareholder and unitholder agreements
    • partnership and joint venture agreements
    • directors, shareholders and consultants agreements
    • employment agreements
  • rights and obligations of trustees and beneficiaries under trust deeds
  • effective tax arrangements for businesses
  • prospectus and managed investment schemes requirements
  • ASX requirements, including listing rules and disclosure requirements
  • corporate governance
  • company constitutions, directors’ duties
  • managing corporate risk
  • regulatory compliance
  • competition issues

Competition and consumer law

Rigby Cooke has substantial expertise in Australian competition and consumer law, and can help you ensure you are complying with the laws relevant to your business operations.

If you need warranties against defects beyond the statutory minimum, or need to defend ACC matters or actions relating to misleading or deceptive conduct, we can guide you through the legal process and represent your business' interests. We can also advise on product recalls, product labelling and country of origin issues.

We can help with:

  • compliance with the Competition and Consumer Act 2010
  • implied terms, conditions and warranties
  • false and misleading representation
  • misleading and deceptive conduct
  • price fixing and re-sale price maintenance
  • third-line forcing
  • boycott
  • anti-competitive agreements and conduct
  • exclusive dealing
  • ACCC investigations and enforcement powers

Commercial contracts

Contracts are the foundation of business, but it is easy to get them wrong.  Reliable, up-to-date advice is crucial to ensure your commercial interests are protected and to enable your business to run smoothly.

Rigby Cooke Lawyers has extensive experience in all types of commercial contracts in a broad range of industries including construction, property development, hotels and accommodation, transport and logistics, manufacturing, healthcare and pharmaceutical, hospitality and tourism, liquor and gaming, and IT.

We can help you draft contracts that reflect and protect your interests – or provide advice on agreements that you are considering signing – across all facets of your operations including services, distribution, licencing, operations and maintenance, supply, transport, labour hire and agency agreements.

In this age of digital services and global operations, it is more important than ever to ensure all aspects of your electronic operations are carefully considered. We are experienced in preparing IT and software agreements (including Software as a Service and cloud-based services), terms and conditions for websites and digital platforms, and e-commerce arrangements.

We can help with:

  • effective due diligence before entering into commercial agreements
  • licence agreements
  • agency agreements
  • distribution agreements
  • intellectual property rights, obligations and exposures in commercial agreements
  • Competition and Consumer Act issues
  • contractual disputes
  • warranties, contractual breach and enforcement rights

Privacy compliance

Australian privacy laws regulate the collection, storage, use and disposal of personal information by public and private organisations.

If your business collects data from individuals, you need to be sure you are not in breach of the privacy regulations that apply to your industry and your geographical catchment. Understanding your obligations and complying with them will protect you from costly compliance issues and also establish your business as trustworthy in the eyes of your customers.

Mandatory data breach reporting requirements, which commenced on 22 February 2018, require organisations that are bound by the Privacy Act 1988 (Cth) will need to report certain data breaches to the affected individual(s) and the Australian Information Commissioner. To minimise risk, companies need to ensure their employees receive appropriate training and understand the obligations, and have a breach response plan in place.

Our experts provide you with practical advice, including reviewing or drafting your corporate privacy policies and operational documents, such as collection notices. We can also assist with Office of the Australian Information Commissioner or Privacy Commissioner investigations, audits and compliance issues.

Are you at privacy risk?

We offer complimentary privacy consultations. Learn more about the offer and register your interest today.

Financial services

The financial services industry is highly complex, heavily regulated and constantly in motion. Providing financial products and services requires in-depth understanding of the regulatory environment and the wide-ranging impacts of the multiplicity of structures and arrangements available.

Rigby Cooke can provide guidance on licencing, compliance and disclosure for operators in the financial services industry, including financial advisers, insurance companies and fund managers.

Our focus on understanding your business, and our experience dealing successfully with regulators, means we can tailor our advice to your specific requirements.

Property syndication

If you are establishing a property syndicate, Rigby Cooke can assist with establishing structures for syndication agreements and ensuring they comply to all relevant regulatory frameworks.

We can also help you establish unit trusts and joint ventures, and organise financing. 

Lending, securities and the Personal Property Securities Act

Navigating the world of financial products, loan agreements and securities documentation requires up-to-date legal acumen and a solid understanding of your situation.

Rigby Cooke lawyers focus on maximising value and minimising risk to you, so you can be confident that when we draft or review your loan agreements, security agreements and Personal Property Securities Act documents, you are getting the best advice available.

Our team’s in-depth understanding of the complexities of financial tools and the regulatory environment in which they exist means we can help you with a broad range of agreements and documentation for senior and mezzanine funding, project finance, security trustees, managed investment schemes and real estate investment trusts.

Our financial services advisory practice can also help you with licencing, compliance and disclosure for operators in the financial services industry, including financial advisers, insurance companies and fund managers. 

Tendering

When you are running a tender, you want to achieve the most favourable result possible for your business. The tender process results in a contract, and you need that contract to preserve your financial interests and protect you from risks that could jeopardise your business operations.

Equally, if you are bidding for a tender, you want to ensure you are protected from unforeseen actions or situations that could compromise your success.

Rigby Cooke can help you ensure your tender or bid documents are well constructed, error-free and contain everything you need to fully represent your position.

We can help with:

  • Request for Pricing/Proposal (RFP) documents
  • Request for Tender (RFT) documents
  • tender terms and conditions
  • probity advice
  • bid preparation

Regulatory advice

In an increasingly complex commercial environment, ensuring regulatory compliance is a critical undertaking. If your business is operating across geographic or legislative boundaries, or within different industries, you need experts on your side who understand the regulatory requirements that affect your operations, and the interplay between them.

Rigby Cooke will help you ensure compliance with the relevant regulatory frameworks right from the start, at business planning stage, or when you are rolling out new initiatives, changing your business operations or conducting a cyclical review.

As the regulatory environment changes and evolves, we can provide current expert advice that you can rely on to ensure your ongoing compliance. Our advice is always thorough and up-to-date. We stay constantly educated on current and future regulatory changes so that you can rely on our advice to maintain ongoing compliance.

Our specialised experience includes Corporations Act, anti-money laundering, occupational health and safety, privacy, Foreign Acquisitions and Takeovers Act and Foreign Investment Review Board (FIRB). 

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