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Our Services

Starting a business?

Rely on Berriman Law & Advisory to help your business get off to a good start with:

 

  • The most appropriate entity and structure to suit your funding, operational, growth and exit strategies

  • Effective shareholder, unitholder, partnership or joint venture agreement

  • Cohesive structure for the board or partnership group and its meeting and reporting framework

  • Protection of your key assets, including trade marks, patents and other IP

  • A framework of rules, relationships, systems and processes within and by which authority is exercised and controlled

  • Well-crafted contracts or contract reviews, including funding agreements, service agreements, website terms and policies, license agreements, customer and supplier terms, franchise agreements, distribution agreements and leases

  • The best approach to initiate the Employment Life Cycle 

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Starting a Business
Buying or Selling

Buying or selling a business?

If you are buying a business or selling your business, rely on Berriman Law & Advisory to help you maximise the value of the business in your hands with:

 

  • For buyers, use of the right vehicle (like starting a business)

  • Preparation for and management of the due diligence process (including management of the seller’s virtual data room)

  • Negotiation strategy and tactics

  • Project Management of the process and the team of other contributors (e.g. accounting and tax)

  • Drafting or review and negotiation of all sale and purchase documentation

  • Advice on and management of pre completion, completion and post completion requirements

  • Management of employment transfers and transferring instruments

  • For buyers, advice on retaining key people, integration and extraction of synergies

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Employment

life-cycle

Staffing follows structure follows strategy.  Rely on Berriman Law & Advisory to prepare your organisation to effectively and lawfully manage your employment relationships, motivate and retain people and optimise your results through people:

 

  • Know what competencies you need and how to define positions and their accountabilities

  • Need overseas workers? Get your nomination process in order

  • Have policies in place to manage employment relationships

  • Know the difference between employees and independent contractors

  • Know what modern awards, if any, apply

  • Start the relationship with best-practice agreements

  • Negotiate and implement best practice collective arrangements if they suit your business, make and register a compliant enterprise agreement

  • Have the tools and skills to manage performance and performance issues

  • Understand remuneration and incentive and reward systems

  • Make sure you pay people properly

  • Understand your legal obligations, especially when ending the employment relationship

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Employment-life-cycle

Risk management
& compliance

As the pugilistic philosopher, Mike Tyson, once said:

 

"Everybody has a plan until they get punched in the mouth."

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Rely on Berriman Law & Advisory to prepare you and your business for unwanted events, to manage business risks properly and to be there when you need a helping hand.

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  • Contract risk – do your contracts protect your interests?

  • Legal compliance risks – are you complying with all relevant laws, awards, agreements, work visas?

  • Privacy compliance and data breach risk – are your policies fit for purpose and practiced?

  • Contingent risks – have you anticipated and planned for contingent events?

  • WHS risks – are your work health & safety policies and practices up to scratch?

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Workplace investigation & corrective action

Sometimes things go wrong despite your best efforts. If and when they do, rely upon Berriman Law & Advisory to respond in the most appropriate way with:

 

EMPLOYMENT

 

  • Thorough and objective investigations, reporting and advice (e.g. complaints of bullying, harassment or discrimination)

  • Compliance audits and advice

  • Advice in relation to poor performance, misconduct and terminations

  • Defence of unfair dismissal, unlawful termination and adverse action claims

  • Representation in Australian Border Force visa investigations and breach notices

  • Management of grievances and disputes

  • Managing workplace accidents and incidents, including WorkCover investigations and injured worker cases

  • Representation in mediation, arbitration and litigation

 

COMMERCIAL

 

  • Interpreting contractual rights and obligations

  • Managing commercial disputes

  • Representation in mediation, arbitration and litigation

  • Preparing settlement agreements

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Risk Management
Workplace Investigation
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“Stephen Berriman not only knows the law, he knows how to pragmatically apply it to our business - from our start up acquisition needs a few years ago to our substantial growth needs, including all of our commercial, IP, property and employment needs.”

 

Dave Molloy, Co-Founder & Managing Director, KJ & Co Brands

www.kjandco.com.au/​  

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