Gadens is proud to announce another successful year in the
2021 Best Lawyer Award rankings, being named Real Property Law Firm of the Year and with 58 partners and lawyers
ranked across 37 different practice areas.
We are delighted to have been named the top national firm in
Real Property Law in Australia. Our team has been recognised for their
market-leading expertise, and should be very proud of the work they have
undertaken over the past year to achieve this result.
Gadens has more of our people ranked than any year before;
congratulations to all those who have been recognised, it is a testament to
your hard work and dedication to providing an outstanding client experience.
We are extremely pleased to have the following people
ranked:
Adam Walker – Corporate Law and Intellectual Property LawAndrew Denehy – Construction / Infrastructure LawAndrew Kennedy – Real Property LawAnnette Gaber – LitigationAntoine Pace – Education Law and Information Technology LawArchie Smith – Real Property LawBiljana Apostolova – Education LawBrihony Boan – Real Property LawClare Miller – Commercial LawDaniel Middleton – Construction / Infrastructure Law and Real Property LawDanny O’Brien – Government Practice, Land Use & Zoning Law and Planning & Environmental LawDavid Coombes – Commercial Law, Corporate / Governance Practice, Oil & Gas Law and Superannuation LawDavid Smith – Gaming Law, Information Technology Law, Intellectual Property Law and Privacy & Data Security LawDonna Bartlett – Privacy and Data Security LawDoug Goodman – Commercial Law, Corporate Law, Corporate / Governance Practice and Mergers & Acquisitions LawDoug Scobie – Government PracticeDudley Kneller – Information Technology LawElliot Raleigh – Banking & Finance Law and Structured Finance LawGail Black – Leasing LawGary Koh – Real Property LawGerard O’Hara – LitigationGlenn McGowan QC – Biotechnology Law and Class Action LitigationGuy Edgecombe – Alternative Dispute Resolution and Insolvency & Reorganization LawIan Dixon – Alternative Dispute Resolution, Employee Benefits Law and Shipping & Maritime LawJason Walker – Family LawJeremy Smith – Commercial Law, Health & Aged Care Law and Mergers & Acquisitions LawJim Demack – Alternative Dispute Resolution, Construction / Infrastructure Law and Litigation Jodylee Bartal – Family LawJohn Nicolas – Real Property Law Jol Rogers – Commercial Law, Corporate / Governance Practice, Corporate Law, Equity Capital Markets Law and Mergers & Acquisitions LawKathy Merrick – Alternative Dispute Resolution, Bet-the-Company Litigation, Government Practice, Insolvency & Reorganization Law and LitigationKerry Awerbuch – Intellectual Property LawKhilen Devani – Mergers & Acquisitions LawLionel Hogg – Commercial Law, Corporate Law, Energy Law, Mining Law and Oil & Gas LawLouise Dorian – Family LawLouise Schmid – Insolvency & Reorganization LawLui Scipioni – Leasing Law and Real Property LawMalcolm Watson – Real Property LawMark Pistilli – Corporate Law, Energy Law, Mergers & Acquisitions Law, Mining Law and Natural Resources LawMatthew Raven – Leasing Law, Project Finance & Development Practice and Real Property LawMichael Bampton – Construction / Infrastructure LawMichael Owens – Commercial Law and Corporate LawPatrick Walsh – Government Practice and LitigationPaul Spiro – Project Finance & Development Practice and Real Property LawPeter Poulos – Government Practice and Tax LawRichard Partridge – Venture Capital LawRobert Hinton – Alternative Dispute Resolution and Insolvency & Reorganization LawRobert Tracy – Mergers & Acquisitions LawRomana Duthie – Real Property LawRose Lockie – Family LawScott Couper – Alternative Dispute Resolution, Insolvency & Reorganization Law and LitigationShanna Livingstone – Leasing LawSimon Theodore – International Arbitration and LitigationSteven Troeth – Employee Benefits LawSusan Forrest – Alternative Dispute Resolution, Banking & Finance Law and Insolvency & Reorganization LawTony Greenaway – Leasing Law and Real Property LawTravis Coldrey – Real Property LawVictor Asoyo – Banking & Finance Law
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Gadens has advised the shareholders of WINConnect Pty Ltd on the sale of the company to Australasian private equity investment firm, Pacific Equity Partners (PEP).
Headquartered in Melbourne, WINConnect is the largest independently
owned private energy network provider in Australia and a market leader in
providing a full range of energy and utility services to multi-tenanted
premises across residential, commercial, retail, retirement living and
industrial sectors.
PEP’s investment will strengthen the group’s balance sheet and provide
access to further capital to improve and increase the group’s service offering.
The existing management team will remain with the business and look forward to
working with PEP to capitalise on these new and exciting opportunities.
Gadens was engaged by the shareholders of WINConnect to advise on all legal aspects of the sale process through to completion.   Commenting on the transaction, Jol Rogers said: “We are delighted to have supported the WINConnect sellers and management team on what is a significant milestone in WINConnect’s 14 year journey, and look forward to seeing the business continue to grow with support from PEP.”
Practise group involved: Corporate Advisory
Key team members: The team was led by partner Jol Rogers who was supported
by senior associate Steven Wambeek and lawyers Yoni Baker and Elizabeth Gregory.
Matter significance:
Pacific Equity Partners investment will allow WINConnect to grow its
organisation, expanding the range of services it is able to provide customers
and further strengthen its position as a market leader in the development and
management of community energy networks in Australia. Gadens has recently worked with a number of
founders and private businesses to explore partnering and exit opportunities with
private equity firms.

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Separated parents are grappling with co-parenting arrangements amid the coronavirus crisis, as infection fears and restrictions on movements raise questions about the ability of children to move safely between households.
The Family Court of Australia and the Federal Circuit Court, which both hear family law matters, have urged parents to act in the best interests of their children and respect the “spirit” of co-parenting orders where “strict compliance” is difficult or impossible due to the COVID-19 pandemic.
The restrictions on movements introduced across Australia do not prevent children moving between parents’ households but there are cases where existing access arrangements must be altered, such as where a contact centre facilitating access by a parent to a child has temporarily shut.
The effective closure of some state borders has also created issues of compliance with co-parenting orders where parents live in different states.
The Family Court said courts were “working with the state and territory authorities to introduce exemptions in relation to movement” across borders, and parents may be required to show court orders to border control personnel “as evidence of essential movement”. They should also carry photo identification.
Gadens partner Jodylee Bartal, an expert in family law, said crossing state borders, including between NSW and Queensland, was now “on hold”. She was advising parents not to cross borders because the states and territories had not yet issued statements that this was “essential travel”.
“One would expect this to be a reasonable excuse for non-compliance with parenting orders,” she said.
Ms Bartal said parents should attempt to get “on the front foot” with temporary arrangements, including replacing face-to-face contact with video calls and “agreeing to make up time in the future”.
Parents should also keep good records of new arrangements to help head off applications that may be made about contravention of co-parenting orders, she said.
Ms Bartal said issues were arising where a parent worked in a high-risk profession such as healthcare or policing, or where a parent lived with a person particularly vulnerable to COVID-19 infection.
For the most part, people were being “pretty sensible”, she said, and the courts were “still operating, albeit by phone or videolink”.
William Alstergren, Chief Justice of the Family and Federal Circuit Courts, said as a first step, and where safe to do so, parents should “attempt to find a practical solution”, acting “sensibly and reasonably”.
Parents can agree to necessary changes in writing and file online applications asking the courts to make “consent orders”. This may be done without a hearing.
Attorney-General Christian Porter said “most separated parents agree to the arrangements for their children between themselves and … it is important that parents deal with the impacts of COVID-19 so far as they reasonably can by agreement”.
“Where agreement can’t be reached, the Family Court and Federal Circuit Court continue to hear urgent matters,” he said. Most hearings are conducted via telephone or video.
Courts across the world are being asked to vary parenting orders in response to the pandemic.
UK cabinet minister Michael Gove sparked panic this month after he said separated parents “should not be moving children from home to home” during the coronavirus restrictions. He later clarified this was “permissible”.
In a Canadian case, a mother of a nine-year-old boy asked the Ontario Superior Court to suspend in-person access between the boy and his father after expressing concern the father would not maintain social distancing.
In comments that are not binding on Australian courts but likely to reflect their approach, Justice Alex Pazaratz urged the parents to work together in a “conciliatory and productive manner”.
Authored by:
Michaela Whitbourn, Reporter, The Sydney Morning Herald
This piece was first published by The Sydney Morning Herald.

For details of all our COVID-19 tips and updates, visit the Gadens COVID-19 Hub.
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Gadens is ‘open for business’ and on hand to help businesses face the challenges associated with COVID-19, reminding businesses that ‘Cash is King’ and to protect and improve cash flow in order to survive.
The economic impact of
the COVID-19 outbreak is increasing, and Australia is facing unprecedented
challenges related to the coronavirus and the Government responses geared
toward containing the spread of the virus. In these uncertain times, businesses
need to be flexible and adapt their practices.
Commenting on the
current issues, partner Patrick Walsh said: “The
key to cash flow is the lag between money out and money in. In these uncertain
times, businesses must take care to protect and manage their cash flow.
External pressures caused by the COVID-19 outbreak are already impacting cash
flow for businesses across Australia, but there are simple strategies that can
be employed by businesses to manage their cash during this critical time.”

Gadens is working to
support clients, both existing and new, by providing complimentary ‘heath
checks’ in order help identify the strengths, weaknesses, opportunities and
threats for business. The firm is advising clients to take measures
to control expenses, such as implementing a rolling forecast or budget,
requesting quotes for major expense items (to avoid unnecessary surprises),
seeking fixed costs where possible, and engage with business partners, staff
and even family to see if there are areas where expenses can be cut.
Managing
the timing of cash outflows is where businesses have greater control in
managing overall cash flows. There are several ways cash outflow can be brought
under control, including taking advantage of credit terms, negotiating
discounts on invoices for paying upfront, and contacting suppliers early to see
if an extension to payment terms or a payment plan might be possible.
Businesses can also take
steps in regard to upcoming tax obligations. Patrick Walsh noted: “We are urging clients to review their
upcoming tax obligations, taking into account any opportunities to reduce PAYG
payable, or to see if they are eligible for any tax incentives that the Federal
Government recently announced under its second economic stimulus package in
response to the coronavirus pandemic. It’s vitally important that businesses
consider and use those elements of the economic stimulus package that suit
their business at this time.”
During
this COVID-19 outbreak, there is increasing reluctance for businesses and
people to part with their cash so managing debtors has never been so crucial.
Gadens has a unique debt recovery offering for businesses to help manage and
collect outstanding debtors, utilising a specialist commercial account debt
recovery company, National Recovery Service (NRS). Additionally, the firm
provides a conventional engagement structure which can accommodate for ‘fixed
fee’ arrangements in order to assist businesses. Gadens also provides clients
access to a proprietary web-based recovery management and reporting system –
eDebtRecovery – which reduces unnecessary costs, stores all communication and
documents related to the matter, and reduces end-of-month processing time.
Patrick Walsh added: “Companies must work now to control expenses and manage the timing of cash outflows, while also effectively managing debtors. We are providing advice to a range of clients and our specialist teams can assist your business whether the issue is corporate, property, banking, insolvency, IP or employment related.”

For details of all our COVID-19 tips and updates, visit the Gadens COVID-19 Hub.
The post News | Gadens on hand to assist businesses facing COVID-19 challenges appeared first on Gadens.

The coronavirus challenges for legal teams include:
massive disruption to business-as-usual
activitiesunchartered legal issues and expertise deficitsstrains on resourcesbusiness pressures of providing timely responseswhole-of-business impacts, including variables
as to how your customers and suppliers respondjuggling demands from business units who do not
know the right questions to ask or supporting information to supply to get the
right advice
Gadens has partnered with Lawcadia[1] to build
COVID-19 Legal Workflow to help in-house legal teams identify and manage
pandemic-related legal issues for triage.
Identification – we provide customised on-line tools to help business units independently identify the right issues without the need for internal guidance.
Management – the in-house team controls who provides
the solution:
Do it yourself and better manage your own
workflows – we provide filtered instructions and supporting information to your
team in a form that facilitates expeditious review by them. Outsource urgent work – where your team lacks
the expertise or resources to respond quickly, we directly stream business unit
instructions to expert external support. 

The product, developed and preconfigured with COVID-19
related workflow, can be fully customised to client requirements, enabled in a
matter of days, and updated over time as further issues emerge. 
If you are interested in understanding how this can help your business, see https://www.lawcadia.com/covid19, or call or email your usual Gadens contact, or email [email protected] for more information.

Watch the below COVID-19 Legal Workflow Introductory video for a demonstration of the software solution.

[1] Lawcadia is a legal technology company with an award-winning cloud-based platform that in-house legal teams and their law firms use to manage workflow, projects, matters and spend. Client base covers ASX20, ASX100, Local and State Government, and large not-for-profit organisations.  Find out more: www.lawcadia.com
The post News | COVID-19 Response Package for In-House Counsel appeared first on Gadens.

As governments in Australia and overseas develop their policy solutions to broader health and economic threats, our clients are being confronted each day in their businesses with new and unforeseen consequences of the current COVID-19 coronavirus pandemic. In this environment, it is even more important than ever to be able to develop clear and executable strategies to deal with the impacts we will continue to see play out in coming days, weeks and months.
The outbreak of the coronavirus has seen unprecedented challenges arise on the Australian business landscape, as the disruption continues to escalate. In recent days, Gadens has been working with its clients addressing issues as diverse as:
Statutory complianceShutdowns and workplace disruptionsEmployment responsibilities and issuesASX guidanceReviewing supply chain agreements for force majeure clauses, termination rights and re-pricing opportunitiesStatutory requirements for general meetingsCancellation of eventsReview of financial covenants to financiersInsurance issuesLeasing considerations in premises shutdownsCompletion arrangements for corporate transactions
These diverse issues highlight the unpredictability of this global and community wide disruption. We have recently published articles providing practical guidance on how to address these issues as they unfold in your business, and will be continuing to do so as issues arise. Links to these articles can be found below.
We are actively working with our clients across a range of industries to identify and mitigate legal risk, contractual risks and practical risks, as is evident from some of the above experiences. At Gadens we are used to working remotely, and we can continue to support our clients in dealing with all of the above issues and more at times when not all of our staff may be in the office. If we can assist you in any way, please contact your usual Gadens contact.
COVID-19 Legal Workflow
Gadens has partnered with Lawcadia to build COVID-19 Legal Workflow to help in-house legal teams identify and manage pandemic-related legal issues for triage. The product, developed and preconfigured with COVID-19 related workflow, can be fully customised to client requirements, enabled in a matter of days, and updated over time as further issues emerge.  For more information, see News | COVID-19 Response Package for In-House Counsel.
Contact us
As a partner and trusted adviser to your business, the Gadens team is convening daily to be ahead of legal developments that emerge from the current situation. We are available to provide real time assistance to you and your people as this outbreak evolves. We know this is a very difficult time for all organisations as we navigate the complexities of this unprecedented scenario, and our best wishes are with you and your staff as you deal with these issues.
The Gadens team is ready to support you and your organisation at this time. You can find some useful information on how this crisis may impact you and your organisation, and some advice and systems to help you deal with it [here].Ashurst’s experts keep you informed on developments and key issues that may affect your business.
Related reading
Below find links to our collection of articles to help you in assessing the impact of the COVID-19 outbreak on your business.
News | COVID-19 Response Package for In-House CounselManaging coronavirus in the workplace: Is your business “pandemic” ready?Is your organisation ready for the business and operational impact of the COVID-19 in aged care?News | Coronavirus (COVID-19)
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Gadens has advised DKSH Smollan on its acquisition of
CROSSMARK, Australia’s leading field marketing provider. DKSH Smollan has
acquired the Australian entity of CROSSMARK with DKSH acquiring separately the CROSSMARK
New Zealand entity. 
DKSH Smollan, a joint venture between Swiss-listed DKSH (the leading market expansion services provider in Asia) and Smollan (a global retail solutions company), which has been active in the Asia Pacific since 2009, assists manufacturers and retailers with their growth in markets throughout that region with a focus on the healthcare, consumer goods, performance materials and technology industries. The acquisition of CROSSMARK adds approximately 1,500 employees to the DKSH Smollan business and substantially strengthens its position as the leading retail solutions provider in Asia.
Gadens was engaged by DKSH Smollan to advise on all the
legal aspects of this transaction and worked closely with the DKSH Smollan team
to ensure its successful completion.
Commenting on the transaction, Edward Nixey said: “It has been a pleasure to work with the DKSH
Smollan team on an acquisition that makes the joint venture the leading retail
solutions provider in Asia. With the acquisition of Crossmark Australia, there
are exciting times ahead for the group and their Australian based clients.“
Practise groups
involved: Corporate Advisory and Banking & Finance
Key team members: The
team was led by partner Edward Nixey with special counsel Breanna Davies and
associate Kevin McVeigh (in the Corporate Advisory Team), along with partner
Renae Suttor and lawyer Clive Robért (in the Banking & Finance Team).
Matter significance: The
acquisition of CROSSMARK strengthens DKSH Smollan’s existing offering in
Australia by establishing further scale, service offering and local expertise,
and substantially adds value for its clients and customers.
The post Deal Profile | Gadens advises DKSH Smollan on acquisition of CROSSMARK Australia appeared first on Gadens.

Gadens continues to closely monitor
the coronavirus (COVID-19) outbreak and the impact it is having on our
community. As a firm, we are committed to providing and maintaining a working
environment which minimises risks to the health of all our people, our clients
and our visitors.
Accordingly, having regard to the advice from the Australian Government and leading world health authorities, we are taking necessary action to reduce the potential impact of the virus. We have implemented recommendations in the Australian Government COVID-19 guidelines, as well as other safeguards. As circumstances change, our response is changing too.
The wellbeing of our people and that
of our clients and visitors to our offices, as well as our ability to continue
to carry on our business to support our clients, are our priorities and we are
putting in place plans around that.
Some of the precautionary measures
we have taken to minimise risks across a range of areas include:
We have
stopped all non-essential international business travel until further notice.
We have
asked our people to carefully consider and plan any personal international
travel.
Any of
our people who have travelled from or transited through any international
location in the last 14 days are being asked to work from home for at least
14 days, unless there are reasons why this is not seen as essential (such as,
for example, where they have been tested for and cleared of the virus).
We are
limiting our domestic business travel to essential travel.
Any of
our people who have come into direct contact with a person who is confirmed to
have COVID-19 is being asked to work from home for at least 14 days.
Our
people are being reminded to continue to follow good hygiene practices at all
times, and have been requested to familiarise themselves with the symptoms of
COVID-19 and stay at home and/or seek medical treatment if they are feeling
unwell. Hand sanitisers and disinfectants have been distributed across our
offices.
We are
working, in conjunction with our landlords, to ensure there is a daily
disinfection regime throughout the buildings in which we have offices and this
is being constantly monitored and adjusted where necessary. Our landlords have
advised that they will inform us immediately in the event that any occupant of
the buildings reports a suspected or confirmed case of an infectious disease
including COVID-19.
We are
assessing any large events planned for our offices, and are cancelling some of
them.
For any
meeting or events at our offices, we are asking any of our visitors who have travelled
from or transited through any international location, or who have been in
direct contact with a confirmed case of COVID-19, in the last 14 days to
attend remotely.
We have in place a plan that will
allow our services to continue to be provided remotely, as much as is
practical, in the event that our premises are closed. Continuing to service our
clients is one of our key priorities.
We will continue to follow the
advice of the Department of Foreign Affairs, Department of Health, and the
World Health Organisation. We will also communicate further updates as
necessary.
The post News | Coronavirus (COVID-19) appeared first on Gadens.

Gadens has advised Australian management consulting firm
Third Horizon on its acquisition by Publicis Sapient, one of the largest global
digital transformation firms.
Formed in 2004, Third Horizon boasts a team of
approximately 70 staff, at offices in Sydney, Melbourne and Canberra which will
now join the domestic arm of Publicis Sapient. The move gives Third Horizon’s
clients access to an international platform, with Publicis Sapient boasting
20,000 staff positioned worldwide.
Commenting on the transaction, Robert Tracy said: We are
pleased to have acted for Third Horizon Consulting in a transaction that marks
the next stage for the business. By becoming part of Publicis Sapient, Third
Horizon and its clients will benefit greatly from the broadening of capabilities
and expertise available to them at a global level.
Practice groups involved: Corporate advisory
Key team members: Corporate Partner Robert Tracy and Special Counsel Breanna Davies, who were supported by Associate Kevin McVeigh and Lawyer Zein Jomaa.
Matter significance: The acquisition is aimed at expanding the end-to-end digital transformation capability available to Publicis Sapient clients globally, whilst accelerating their digital transformation position in the market.
The post Deal Profile | Third Horizon Consulting is acquired by Publicis Sapient appeared first on Gadens.

Gadens has appointed Mark Pistilli as the new Chief Executive Officer of its Melbourne and Sydney partnership.
Mark joins Gadens from
PricewaterhouseCoopers (PwC), where he was a legal partner on PwC’s legal
leadership team and practising across corporate and commercial matters
including in M&A, strategic Boardroom advisory, major projects and
litigation strategy. Mark was a
founding (and a managing) partner of Clifford Chance in Australia and its
predecessor firm Chang, Pistilli & Simmons.
“We
are delighted to appoint someone of Mark’s calibre to lead our firm”, said
Jeremy Smith, Chairman. “Gadens is a firm on the rise, and Mark’s background and experience will be of enormous benefit to us – especially
as we look to significantly grow our presence in the Sydney market. Mark has a
wealth of experience in building and managing high-performing law firms and
teams.”
Commenting on his appointment, Mark says:
“Gadens is a firm that is going places,
and I am delighted to have been entrusted to lead the firm through the next
stage of its strategic plan. Gadens has a significant
growth strategy focused on the quality of its people and work the firm does to provide
clients with an outstanding client experience, innovative solutions and value.
“Gadens is known as a leader in the lawtech space, and continues to collaborate
with other businesses to develop innovative solutions for clients. The firm’s commitment
to flexible ways of working, building a collaborative culture and attracting
quality people are areas that really resonated with me in our discussions as
being critically important to the partners in their aspirations as to where
they want to take the firm – all of which manifests in the wellbeing of all
people within the firm.
“Throughout the
recruitment process I was extremely impressed by the passion shown by the
partners in their firm, their ambition to build a leading national firm, and the
acceptance that the firm needs to evolve to meet the ever-changing market.
Their desire to continue to build depth in key practice areas and Sydney was
another area that attracted me to Gadens”, concludes Mark.
“Forty percent of the firm’s current
partnership has been appointed in the last three years, many of whom have
joined from top
tier Australian and global firms. These appointments have
enhanced the firm’s capabilities in key practice areas such as banking and
finance, construction, corporate advisory, disputes and litigation, and
intellectual property and technology”, says Jeremy. “Mark is an exceptional
candidate, great leader and ideally suited to the role. The learnings he will
bring to Gadens from leading domestic and global law firms will be of
significant benefit in growing our firm in the years to come. We are all looking
forward to the contribution he will make”.
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Gadens congratulates, and is pleased
to have advised, The Citadel Group Limited (Citadel) on its £103 million
(A$198 million) acquisition of leading UK radiology and maternity software
solutions provider, Wellbeing Software Group – a transaction which positions
Citadel as a global healthcare software company.
This global expansion comes as part
of Citadel’s strategy of further expansion into high quality software based
recurring revenue streams, with Wellbeing forming part of Citadel’s health
division.
The acquisition is to be funded
through a fully underwritten equity placement to raise approximately A$127
million together with underwritten senior syndicated secured debt facilities of
A$90 million and an A$10 million revolving working capital facility.
Citadel is a leading ASX-listed
software and technology company that specialises in secure enterprise
information management across health, national security, defence and corporate
enterprises. Gadens has a relationship with Citadel that dates back prior to
its IPO in 2014 and is pleased to continue to further develop this, working
with the management team on such a significant milestone.
Gadens was engaged by Citadel to
advise on the overall transaction, including M&A (working in conjunction
with UK law firm Taylor Wessing) and debt and equity capital raises. Herbert
Smith Freehills and UK law firm, Stephenson Harwood, acted for the vendors,
with Gilbert + Tobin advising the Lead Manager and Ashurst the lenders.  
Commenting on the transaction, Jeremy
Smith said: “We were delighted to have
worked with The Citadel Group on its acquisition. It marks the next stage of
their phenomenal growth journey – and this time at an international level. It
is an exciting time for Citadel as they branch out into the UK market space,
and we are very pleased to have been able to support them through this
transaction.“
Deal
value: £103 million (A$198 million)
Practice
groups involved: Corporate and Banking & Finance
Key team members: Corporate partner Jeremy Smith and senior associate Steven Wambeek led the transaction, along with Banking & Finance special counsel, Matt Trinca with support from lawyers, Yoni Baker (Corporate) and Brittany Kluske (Corporate).
Matter
significance:
Citadel has grown rapidly since its formation in
2007 now boasting over 200 employees across Adelaide, Brisbane, Canberra,
Melbourne and Sydney. Through this acquisition in the UK, Citadel has a
presence outside of Australia for the first time, setting it up for a strong
global future.

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Following its debut in the World Trademark Review 1000 (WTR 1000) last year, Gadens has again been announced as a leading firm for Prosecution and Strategy in the 2020 rankings along with three partners being recognised individually as leading trade mark professionals.
The WTR 1000 2020 awards Gadens a Bronze rating, describing it as striking “a great balance between time efficiency, costs and service quality”. Adam Walker (partner) receives an individual Silver banding for Prosecution and Strategy, with Kerry Awerbuch (partner) recognised in the same category with a Bronze rating. Additionally, Donna Bartlett (partner) is listed as a Recommended individual for her IP Transactions work for the third consecutive year.
Gadens has a robust team of trade mark professionals who combine strong
technical skills with deep experience across a broad range of industries,
working closely with clients to develop effective trade mark strategies to
ensure brands are protected.
The WTR 1000 research directory, which focuses
exclusively on trade mark practices and practitioners, has firmly established
itself as the definitive ‘go-to’ resource for those seeking world-class legal
trade mark expertise. Now in its tenth year, the WTR 1000 shines a spotlight on
the firms and individuals that are deemed to be outstanding in this critical
area of practice.
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Following the success of the built-to-rent (BTR) housing
markets in the US and UK, Greystar has announced its first Australian BTR
project, a $400 million mixed-use development in Melbourne.
Greystar, the largest operator of rental housing in the US
has announced the purchase of two adjoining sites in the thriving and popular
inner-city suburb, South Yarra. The neighbouring blocks were purchased
separately in off-market deals and together represent one of the last
development opportunities in the area.
The proposed multi-purpose precinct will combine 1,000sqm
of retail, 5,000sqm of office space and over 500 ‘pet friendly’ BTR apartments with
premium amenities and a business centre.
Gadens was engaged to
advise on the acquisition of both sites including undertaking due diligence and
advising on the contracts of sale.
Commenting on the
acquisition, Lui Scipioni said “It
has been a pleasure to work together with Greystar in launching their first Australian
build-to-rent project. The acquisition is a significant milestone and we are
excited to continue supporting Greystar in leading the Australian build-to-rent
market.”
Matter value: $400
million
Practice groups
involved: Property.  
Key
team members: Partner, Lui Scipioni led the matter, supported
by Rebecca Sharman (Senior Associate) and Michael Mercier (Associate).
Matter significance:
Following the success of the BTR housing markets in the US
and UK, Australian industry groups are taking significant steps forward to
establish and develop a similar market in Australia. Over the last 24 months,
State Governments have amended guidelines for foreign investor stamp duty and
vacancy tax to provide exemptions for eligible BTR developments and have also
provided investment funding for BTR Pilot Projects. A number of major property
developers are looking to secure various BTR projects across Melbourne and
Sydney. The staggering interest promises strong growth, presenting the
likelihood of BTR becoming one of the most attractive real estate sectors to
invest.
The post Deal profile | Gadens assists Greystar in launching Australia’s largest build-to-rent project yet appeared first on Gadens.

Three separate
proceedings have been filed in the Supreme Court of Victoria against Oliver
Hume Corporation by overseas investors who claim that the trustee of the Oliver
Hume Australia Property Income Fund provided imprudent loans to related
entities of Oliver Hume, containing interest rates and other key terms that
were inconsistent with previous representations made to the investors.
Defendants in each of
the proceedings include the trustee of the fund and Oliver Hume’s AFSL funds
management company, Oliver Hume Property Funds. Michael Duster, the Managing
Director of Oliver Hume and David Rogers, Managing Director of Oliver Hume Property
Funds, have also been named as defendants in each of the proceedings.
Fearing they will only
receive back a fraction of their $12 million original investment, the investors
allege that when the borrowers of the imprudent loans fell into default, the trustee
failed to call in the loans and protect the investors’ interests. Instead, they
allege that the trustee breached its fiduciary and statutory duties by allowing
the borrowers to remain in default.
Notably, Duster and
Rogers are both directors of the trustee and most of the related entities
receiving loans from the fund. These shared directorships between lender and
borrower may have impacted upon their judgement and the decision not to call in
the loans after they came into default.
It is unclear how the
proceedings will impact Oliver Hume’s other property funds and the banking
arrangements of the larger Oliver Hume corporate group.
Commenting on the proceedings, Simon Theodore of Gadens said: “This case will be important to demonstrate to foreign investors that Australia has a robust legal system which allows them to enforce their rights when investments are not managed appropriately.”
Following its reported
$2.2 million loss in the 2018 financial year, Oliver Hume continued to battle
the housing market downturn and as a result copped significant capital losses
through the disposal of various property assets. In a desperate bid to return
money to various overseas investors, Oliver Hume also cut staff numbers and
sold several fund properties that remained undeveloped at a significant loss.
It is understood that
further claims will be filed against Oliver Hume imminently in the Supreme
Court of Victoria.
Matter value: $12
million
Practice groups
involved: Dispute Resolution, Corporate Advisory.  
Key
team members: Partner Simon Theodore is leading the matter,
supported by Michael Kenny (Partner), Natalie McCabe (Senior Associate) and
Kaleb Cox (Associate).
Matter significance: Oliver Hume has remained one of Australia’s largest privately owned real estate groups for over 60 years and has been recognised as a leading developer and marketer of residential apartments and townhouses across Victoria and Queensland.
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Sabine Phillips, a partner at National law firm Gadens, has been recognised in the Australia Day 2020 Honours List, announced on 26 January 2020 by the Governor-General and Chancellor of the Order of Australia, His Excellency General the Honourable David Hurley AC DSC (Retd).
Sabine, who works in the firm’s Disputes Group, has been awarded the Member (AM) in the General Division of the Order of Australia for significant and outstanding achievement and service to aged welfare and to the legal profession.
Over the course of her career, Sabine has represented many clients in areas such as risk management, inquiries and investigations, dispute resolution, coronial inquests and policy review and implementation. In addition to being a lawyer, Sabine is also a Registered Nurse [Division 1] (non-practising) and has worked as an operator of aged care facilities. This knowledge of how the health and aged care sectors work has been invaluable in her being able to provide clients with sound, commercial expertise.
Gadens’ Chairman Jeremy Smith said: “I commend Sabine on her exemplary work in her field of specialisation, as well for her distinguished service to both the legal and aged care professions.”
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In 2019, Gadens launched its inaugural Reflect Reconciliation Action Plan (RAP). Through its commitment to Reconciliation, Gadens has built strong relationships, respect and opportunities both within the firm and with external Aboriginal and Torres Strait Islander stakeholders. The firm has also implemented effective governance structures for its RAP Working Group (RAPWG) which have allowed for meaningful and effective contributions to be made by employees of the firm.
Gadens has also hosted and attended a number of events which acknowledge and celebrate Aboriginal and Torres Strait Islander culture, history and achievements.

The post News | Gadens Advancing Reconciliation appeared first on Gadens.

Following its successful
IPO earlier this year, Viva Leisure continues to further establish its position
as one of the fastest growing health club owners and operators in Australia.
Gadens is pleased to have worked with Viva Leisure on the successful acquisition
of 13 Fit N Fast health clubs and $20 million capital raise.
Viva Leisure operates
health clubs across the Australian eastern seaboard with brand names under its
banner including Club Lime, HIIT Republic and Gymmy PT.
Backing up its
successful listing on the Australian Securities Exchange in June 2019, where
Viva Leisure raised $20 million in what has been touted as the fifth-best
performing IPO of the 2019 calendar year, Viva Leisure’s latest capital raise
was strongly supported by the market in what has been another solid showing for
the health club operator.
Gadens acted as Advisors
to Viva Leisure through all aspects of the transaction as well as the capital
raise and its ASX requirements together with lead manager Ord Minnett,
synergising both work-streams between partners Jeremy Smith
and Jol Rogers.
Commenting
on the acquisition, Jeremy Smith said “It
has been a pleasure to continue working together with the Viva team. Viva’s
energetic management team, excellent systems and member focus have been
paramount in its exponential growth and we look forward to supporting Viva
Leisure with its further growth and success in 2020”.

Deal value: AUD $13.5 million and
$20 million capital raise.  
Deal area: Corporate
Practice groups
involved: Corporate, Employment Advisory and Property.
Key
team members: Gadens Partners Jeremy Smith and Jol Rogers led
the team, supported by Partners, Andrew Kennedy (Property) and Siobhan Mulcahy
(Employment Advisory). The team comprised Senior Associates, Steven Wambeek (Corporate)
and Emma Moran (Employment Advisory), and Lawyers, James Langanis (Corporate)
and Jeremy Bouton (Property).
Deal significance:
Viva
Leisure’s CEO and Managing Director, Harry Konstantinou said in its market announcement
on 2 December 2019:
“The acquisition of Fit N Fast expands
on and continues to cement Viva Leisure’s position as a leading and
fast-growing health club owner and operator in the Australian market. FnF is a highly complementary business to Viva
Leisure, and there are considerable back-office synergies available to
capitalise on, as well as the ability to implement Viva Leisure’s unique
hub-and-spoke model and bespoke information technology systems to further
increase the performance of the FnF locations and business.”
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National law firm Gadens has today announced the appointment of Matt
Egerton-Warburton as a partner in their Corporate Advisory Team in Sydney.
Matt joins Gadens from King & Wood Mallesons. Matt has worked in
London, Sydney, New York and Hong Kong with firms such as Allens, KWM and
Cleary Gottlieb. Matt has particular expertise in unregulated M&A, joint ventures,
equity capital markets and corporate advisory work.
“In line with the firm’s growth and expansion strategy in Sydney,
it gives me great pleasure to announce that Matt has joined the firm”,
said Jeremy Smith, Gadens’ Chairman.
“Matt will be a fantastic addition to our team in Sydney. His
experience strongly aligns with and complements that of our existing team
members. He also brings a strong international focus with the work he has done
in New York and Hong Kong, which deepens and strengthens our cross-border
capabilities”.
Commenting on his appointment, Matt said: “I’m grateful for the opportunity to join Gadens at this stage of my career and at this time in Gadens’ evolution. Since opening its new office in Sydney in 2016, Gadens has grown rapidly, attracting a number of leading partners and lawyers from top-tier firms in Sydney. The Sydney office has a strong and broad corporate offering, and it’s exciting to be part of the team. My clients will be very happy here.”
Matt’s transactional experience includes private acquisitions and disposals, public offerings, schemes of arrangement, minority investments, fund formation and joint ventures in jurisdictions across the world. His clients include domestic and international corporates, sovereign wealth funds, state-owned enterprises, family offices and financial service providers across a broad range of sectors including financial services, insurance, energy and resources, media and telecommunications.
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This two-part briefing has been prepared for in-house legal, risk and compliance professionals in financial services firms, including insurance and superannuation entities.
Part one of this briefing covers the following matters:
Introduction to the “Banking Executive Accountability Regime” (BEAR)
What is required under the regime and penalties for individuals and companies
BEAR’s imminent expansion to all financial services entities.
Part two of this briefing covers the following matters:
Recent culture-related enforcement action under the United Kingdom’s Senior Managers & Certification Regime, upon which the BEAR is modelled
How the UK experience may inform how BEAR will evolve in the Australian enforcement context
Practical steps for entities to take now to mitigate their risk.
Introduction
Australia is being hit by a regulatory wave in the wake of the Hayne Royal Commission’s findings of widespread misconduct in the financial services industry, characterised by numerous new laws and increasingly hawkish enforcement regulators. The expansion of the BEAR, which was purposively designed to drive up standards of culture in financial services, forms the backbone of Commissioner Hayne’s recommendations for improvement. That is not surprising.
In the wake of the global financial crisis, problematic corporate culture has been identified by policymakers and regulators as a key driver of poor conduct.[1] BEAR is a direct response within the financial services sector. However, while improving financial services culture is a commendable objective, there is rising concern given BEAR is formed of broadly constructed principles-based laws which are yet to be applied. There are very serious consequences, especially for individuals, for getting it wrong.
The Australian financial services industry does not know enough of what the future holds to efficiently mitigate the potential for breaching offences which are inherently subjective and difficult to define.
The issue is arguably not confined to the private sector alone; first, BEAR is about to be expanded across nearly the entire financial services sector, i.e. not just banks; and second, there are many Federal and State Government entities who are likely to be caught by this expansion, including public sector investment corporations with subsidiaries who hold financial services licences and publicly owned superannuation funds.
Fortunately, the United Kingdom offers some tea leaves which can be read by the legal, risk and compliance functions in Australian financial services entities to enable them to best advise their executives and board members. This is because BEAR is modelled on the UK Senior Managers & Certification Regime (SMCR), and the UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are further along in their journey of culture-related enforcement actions. Examining their recent actions and key statements offers an insight for the Australian financial services industry as to the direction our regulators may take imminently. We cover this in part two of our briefing.
[1] See, for example, a speech by John Price, Commissioner, Australian Securities and Investments Commission at the AICD Directors’ Forum: Regulators’ Insights on Risk Culture (Sydney, Australia), 19 July 2017.
Click here to download the full article
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Gadens has announced the appointment of financial services specialist Liam
Hennessy as a Director in its Litigation and Corporate Recovery team in
Brisbane.
Joining from King & Wood Mallesons, Liam’s experience spans over 11 years working in London, Brisbane, Sydney and Melbourne (including in-house at National Australia Bank in its disputes team). Liam is a commercially astute, technical lawyer who also sits on the Queensland Law Society’s Banking and Finance Committee.
Liam has acted for clients in numerous court proceedings in the New South Wales, Victorian and Queensland Supreme Courts, the Federal Court and High Court of Australia and also in the United Kingdom High Court. He also has considerable experience acting in arbitral matters and contentious regulatory investigations, in both Australia and the UK.
Recently, Liam has advised financial services firms on the
implementation of the Banking Executive Accountability Regime and governance,
regulatory and compliance issues in the wake of the Hayne Royal Commission.
Liam’s financial services and litigation expertise complements Gadens’ banking and finance practice. Gadens is one of the few legal firms appointed to the panels of each of the 4 major Australian banks and has a long-standing history of advising not only the major trading banks but also numerous investment banks and other financial institutions.
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