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Commercial Contracting

Almost all daily business transactions involve some form of contractual arrangement, whether or not they are properly documented. We understand the key risks facing businesses in an increasingly fast-paced trading environment and understand how to develop relevant and streamlined contracting processes to support and protect our clients’ business. The increasingly regulated area of commercial contracting (including Unfair Contract Terms, consumer protection regimes and anti-corruption and bribery laws) has far reaching implications for businesses with operations in Australia and a well-managed approach to commercial contracting is key.

We represent a broad spectrum of Australian and international clients, ranging from Federal and State government entities and listed companies to small businesses. We are able to assist our clients to keep their contractual documentation and processes at an exceptional standard.

Commercial contracting is a distinct area of strength for our firm. Our Commercial team has the resources and experience to assist you to achieve the right outcomes having regard to your objectives and requirements. Our transactional experience, market insight and commercial approach are instrumental in assisting our clients to achieve their commercial objectives while minimising risk.

We cover a broad range of services including preparing and negotiating:

  • Standard documents such as subcontract tender packages, terms and conditions, novations and licences;
  • Outsourcing and maintenance agreements;
  • Services, management and operating agreements;
  • Joint ventures, shareholder agreements and strategic alliance agreements;
  • Asset sale, leasing and rental agreements;
  • Confidentiality and non disclosure agreements; and
  • Agency and partnership agreements.
EXPERIENCE
  • The South Australian Government in relation to the $427 million sale of the right to operate SA Lotteries to the Tatts Group, including the drafting and negotiation of long term licensing and operating agreements;
  • Santos Limited in relation to the drafting and negotiation of a long term construction and maintenance contract valued at approximately $500 million and an associated design services panel arrangement valued at approximately $45 million;
  • John Holland and Veolia on contractual, environmental and other obligations arising out of the construction and operation of the Sydney Desalination Plant; and
  • Various clients on their document reviews, compliance and obligations in relation to the Unfair Contract Terms regime.