Practice Areas
Business & Commercial
Without good direction, people lose their way; the more wise counsel you follow, the better your chances…
Whether you are an investor, a start-up or an existing business, the commercial lawyers at M6:8 Legal have extensive experience advising individuals and small businesses in the wide range of matters facing businesses and investors, including:
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advising on business sale and purchase;
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setting up business structures, for example, partnership, joint ventures, companies, trusts, franchising;
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preparing business contracts such as put and call options, supply agreements, business terms and conditions;
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acting on sale and purchase of property;
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advising charities and not-for-profit bodies;
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advising companies and board of directors concerning corporate governance issues, and director’s duties;
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formation and dissolution of partnerships;
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compliance with trade practices and consumer laws.
Disputes
Reach simplicity the other side of complexity…
Oliver Wendell Holmes Jr, former Associate Justice of the Supreme Court of the United States was quoted as having said, “I would not give a fig for the simplicity this side of complexity, but I would give my life for the simplicity on the other side of complexity.”
As businesses grow, disputes are unavoidable. At M 6:8 Legal, all disputes are managed with a view of cutting through complexity, and reaching an early resolution.
If resolution cannot be achieved by out-of-Court negotiation, we are experienced in representing clients in the following areas of dispute:
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​Debt Recovery
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Business:
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Strata titles disputes (calling and attending strata company meetings and applying to the State Administrative Tribunal for relief where an issue could not be resolved by the strata company, advising buyers and sellers on off-the-plan strata)
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Landlord and tenant disputes (for example, breach of lease, recovery of outstanding rent and outgoings, repossession of premises, breaches of the Commercial Tenancy (Retail Shops) Agreements Act)
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Disputes between property owners, including orders to sell jointly owned properties
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Disputes arising from caveats
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Corporate:
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Company disputes between shareholders and directors, including breach of director’s duties, conflict of interest and misuse of information
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Disputes between directors
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Shareholder disputes
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Statutory demand
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Winding up
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Estates & Trusts:
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Disputes involving trustees and beneficiaries of trusts, including breach of trustee’s duties, removal of trustees, winding up of trusts
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Interpretation of will
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Court’s directions for estates and trust
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Removal of trustee
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Insolvency Disputes:
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Unfair preference claims
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Insolvent trading claims
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Setting aside related party transaction
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Enforcement of creditor’s rights during periods of administration or liquidation
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Urgent injunction applications to stop a party from taking certain actions
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Review of decisions by government bodies
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Our lawyers work regularly with a network of experts and barristers to ensure that actions are progress efficiently through the Court systems and clients are given insight into the strength and weaknesses of their case as early as possible.
Insolvency
Understand your legal options in times of distress...
Corporate Insolvency:
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Statutory demand
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Debt negotiation
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Insolvent trading claims
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Voidable transaction claims (unfair preferences, uncommercial transactions, director-related transactions, etc)
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Stay of enforcement of judgment
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Bankruptcy:
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Bankruptcy notice
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Stay of enforcement of judgment
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Debt negotiation
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Settling aside Bankruptcy Notice
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Creditor’s petition
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Trustee clawback claims (unfair preferences, uncommercial transactions, unfair loans etc)
Property
"There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property." - William Blackstone.
Sales & Purchase of Property:
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Residential settlements, commercial settlements, contract of sale, “off-the-plan” contracts, termination of contracts, default notices.
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Leasing:
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Commercial leases, retail shop lease review and advice, industrial leases, default notices, rental valuation disputes, State Administrative Tribunal applications.
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Caveats:
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Preparation and registration of caveat, removal of caveat, 21 days notices, show cause actions.
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Strata Titles:
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Strata contract review, advice to strata owners, advising strata council, strata company, State Administrative Tribunal applications.
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Mortgages & Securities:
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Mortgages and Liens, preparation of general security deed, PPSR registration and advice.
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General Property Advice:
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Legal and equitable interest in land or thing, adverse possession, Property Law Act advice, Transfer of Land Act advice.
Wills & Estates
There is a time for everything, a season for every activity… a time to be born and a time to die…
Succession Planning:
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Drafting of Wills, Wills with testamentary trusts, estate and business succession planning, Enduring Powers of Attorney, Enduring Powers of Guardianship, Buy-Sell Agreements.
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Estate Administration:
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Trustee advice, administration of estate, interpretation of Will, Will in solemn form, Deed of Family Arrangements, beneficiaries distribution.
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Family Provision Claim:
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Application for provision from deceased estate, interim provision, defending family provision claims, Deed of Family Arrangement.
