Areas of Law
The diversity of our service
Our people and their specialisations cover every area of commercial legal practice. We are proud to work with large and small businesses (and individuals) in South Australia and nationally.
Commercial law is our principal focus. This embraces corporate; commercial; governance and risk; tax, superannuation, and business succession and estate planning; civil litigation and building and construction law. We have particular expertise in dealing with issues commonly faced by family businesses and SMEs.
Our tax, succession and estate planning team is one of the most respected in Australia, with a fresh, modern approach to complex issues.
In addition, we have a wealth of experience in resolving disputes through litigation, including appeals, building and construction disputes, partnership disputes, debt collection and mediation.
Planning for the future is all about protecting what you’ve worked hard for. Proper estate planning advice should cover everything from your superannuation to your favorite ring, as well as decision-making for you when you’re still around. Proper advice can not only make the process less painful, it can also make life much easier for the people you leave behind – saving them time, money and heartache. Every family has issues to deal with and we completely understand.
Whatever legal structure you have, you should have the exit strategy in place. That’s where we can help. In an ideal world, succession planning for your business should start on the day you open your doors. If you are looking at handing over a business, we can help whether you are selling, merging or passing it on the next generation.
- Wills (including testamentary trusts, special disability trusts)
- Powers of Attorney
- Advance Care Directives
- Superannuation & SMSFs
- Shareholder / Partnership agreements
- Buy / Sell agreements
- Family constitutions
- Tax planning
- Trusts
Our tax and superannuation experts are leaders in their field. They have a passion for using their deep understanding of complex laws to help their clients achieve their goals. Our tax advice is always given in the context of your commercial reality with a view to keeping ongoing compliance costs to a minimum and overall after-tax results maximized. We have significant experience in all aspects of federal and state tax laws and we are also actively engaged in staying at the forefront of tax and superannuation developments by using our experience and knowledge to push to create a better tax and superannuation system.
- Income tax – individuals, companies and trusts
- Capital gains tax
- Small business concessions
- State taxes – land tax, stamp duty, payroll tax
- International structuring
- Superannuation advice
- SMSFs
- GST
Commercial law is the engine room of business and of our legal practice. Any business needs commercial law help. The business regulatory framework is diverse and complex and clients need lawyers with a sound and broad experience in keeping clients compliant and establishing risk management policies and procedures.
- Buying and selling companies, businesses or assets
- All varieties of business documentation
- Standard terms and conditions
- Contracts for the sale or supply of goods or services
- Contractor agreements
- Confidentiality agreements
- Loan agreements
- Distribution agreements
- Agency contracts
- Software and equipment leasing, licensing or development contracts
- Shareholder and partnership agreements
- Buy/Sell agreements
- Setting up of companies, trusts and other entities
Our team is experienced technically and culturally in dealing with a range of corporates. We have also advised on a number of significant transactions involving mergers and acquisitions, takeovers and privitisations of listed and large proprietary limited companies. We also have experience assisting companies in complying with governance and disclosure obligations, as well as running annual general meetings.
- Corporate structuring
- Employee share/option plans
- Corporate governance
- Mergers and acquisitions
- Legal due diligence
- Incorporated associations
- Share buy-backs and capital reductions
- Capital raising
- Reorganisations
As long as there are transactions, there will be disputes. Whilst we hope that we can help you avoid disputes happening in the first place, if they do arise we have the skills and ability to provide you with a first class service. You can be confident that we will be able to guide you through the entire process of handling disputes. Whilst this often does involve court work, we are also experts in avoiding litigation, working with you to negotiate a resolution before matters get out of hand, supporting you in mediations, and running arbitrations and conciliations. Our team has run major cases in the District, Supreme and Federal Courts of Australia, in several States, and have spent time working with the best in the business. We can help guide you through what can be a daunting process including:
- Taking action in court
- Defending against court action
- Appellate proceedings
- Mediations
- Expert arbitrations
- Negotiations
- Risk assessments
The building and construction industry is one of Australia’s most important business sectors. As such, NDA Law offers deep expertise across all areas including project conception and development, finance and capital raising, negotiation and contracts, as well as risk management and litigation of disputes between builders, developers, subcontractors, and homeowners.
Our managing director Joshua Davies has spent more than a decade specialising in the construction sector with expertise in both prosecuting and defending matters in the Magistrates Court, District Court, and Supreme Court as part of his work for various parties to building and construction disputes. He also provides support for solicitors and barristers in a variety of disputes.
Tailoring disputes and navigating through the relevant litigation to suit your needs, NDA Law prides itself on its ability to engage in solution-focused activities.
Our employment law practice helps organisations engage with their workforce and deliver on strategic business objectives. We have extensive experience in this area and can advise clients in all aspects of engaging and managing their people, as well as corporate governance and risk mitigation issues. Our team is passionate about helping businesses to navigate an ever-changing workplace environment. We provide solutions to clients to avoid lengthy disputes and protracted court time, and use our expert knowledge of employment law and mediation to guide clients on a path that best suits their business goals. We work with SMEs, corporates, and industry groups to deliver outstanding results in this area, and regularly engage in both State and Federal courts and the Fair Work Commission, as well as the South Australian Employment Tribunal.
We cover a broad range of areas relating to employment law including:
- Employment contracts
- Workplace policies and procedures
- Workplace mediation and dispute resolution
- Unfair dismissal
- Discrimination/harassment/bullying investigations
- Workplace safety and audits
- Litigation
- Enterprise bargaining
- Restructures, business sales and acquisitions
- Corporate governance
- IP & privacy issues
- Risk management strategies
- Legal and risk training for managers
NDA Law’s expertise in media extends beyond the digital realm. We have extensive experience on both sides of defamation claims, and have successfully handled cases involving both private individuals and large newspapers. We can assist with copy checking from both a defamation and consumer protection perspective. It is always best to head off these kinds of issues before they go to press. If you have been defamed, then we can help you analyse your options and create a strategy to deal with the fallout.
- Bringing defamation proceedings
- Defending against defamation proceedings
- Copy checking
- Advice on misleading and deceptive conduct, comparative advertising and other related assessments
For an increasing number of businesses, their IP and other intangible assets are more valuable than their physical assets. Proper protection and smart commercialisation of that IP are crucial, as is the need to avoid infringing the IP of other businesses. We have the skills and experience to help. The lawyers at NDA Law have worked with a wide range of industries, professions and trades and have assisted many clients in dealing with IP, including in acquiring, developing, licensing, protecting and registering, joint venturing, enforcing, defending, commercialising and disposing of it. The areas in which our team has assisted are listed below:
- Trade mark and brand protection – registration and prosecution of trademark applications
- Business name protection
- Enforcement and protection of IP rights, including dispute management, resolution and litigation
- Commercialisation, including licensing, joint ventures, transfers, acquisitions, disposals, and other dealings
Privacy laws in Australia mean that businesses and healthcare professionals have significant compliance requirements, and could face significant penalties if they don’t follow the Act. Whether you’re unsure if the Privacy Act applies to you, or if you have a suspected privacy breach, we can help you demystify privacy laws in an easy to understand way.
- Privacy policies
- Credit information management policies
- Privacy audits
- Privacy training
- Privacy breach management and recovery
If your business isn’t using social media already, you can be sure that your consumers are, whether they be businesses or individuals. Social media is the pervasive game-changer that has in recent years entered every industry, and is changing the way that businesses operate. With social media comes risks and potential legal pitfalls. Our social media team is able to guide you through the dangers so that you can embrace the benefits of using social media in your business.
Our social media law services include:
- Social media triage (dealing with social media gone wrong)
- Bringing and defending against defamation actions
- Responding to abuse and harassment
- Social media policies
- Handling personal information
- Advertising standards
- Misleading and deceptive conduct online