Corporate & Commercial

When it comes to corporate matters, sound, informed commercial advice is at the heart of our business. We understand the issues which enables us to deliver practical solutions with clarity and speed.

Overview

Henry Davis York has been a long-term adviser to some of Australia's most well known and respected companies.

Our experts draw upon their technical knowledge and combine it with hands-on commercial experience to deliver astute, solutions-focused advice.

Whether it is guidance on company law and regulation, corporate governance, negotiating contracts, dealing with market regulators or advice on entering into joint ventures or commercial arrangements, our focus is to give our clients the best outcomes for their needs.

The lasting relationships we have developed demonstrate our priority to gain a personal, in-depth understanding of our clients' businesses and to deliver advice which is relevant to its commercial and legal imperatives.

Expertise

As trusted advisers on corporate and commercial matters, our practice area expertise covers:

  • Mergers and Acquisitions
  • competition and Trade Practices Act advice
  • contract preparation, negotiations and advice
  • corporate governance and company secretarial
  • directors duties and advice to boards
  • establishment and structuring of new businesses
  • joint ventures 
  • legal and regulatory compliance 
  • liaising with market regulators such as ASIC, ASX and ACCC
  • Equity and Capital Markets
  • shareholder arrangements and related advice.

Credentials

Woolworths

We advised Woolworths on its multi-billion dollar fuel supply agreements with Caltex Australia which formed one of the largest procurement contracts in Australia. The three year supply agreements will ensure the availability of petroleum products for resale at the many co-branded Woolworths/Caltex sites throughout Australia.

RTA

We are the project lawyers for the Roads and Traffic Authority (RTA) in its ongoing management of the M2 Motorway. This has involved drafting and negotiating the consent deed to the 2004 project debt refinancing and the 2007 agreement to widen the third lane on part of the M2; drafting a deed to amend the project documents to address issues arising from the Transurban takeover; and preparing a consolidated ongoing Project Deed and Consent Deed. Our advisory role also covered the Eastern Distributor and Sydney Harbour Tunnel toll roads.

SAP, Canon and Panasonic

For many years we have acted for companies like SAP, Canon and Panasonic on their company secretarial matters. This has involved ASIC reporting requirements, AGM and EGM requirements, director and officer appointments and resignations, D&O indemnity and insurance issues. We have also advised on their supply and distribution arrangements.

Vodafone

We advised the world's leading international mobile telecommunications company, Vodafone, on a number of its Australian distribution arrangements including its master supply agreements for the provision of business customer connections. We also advised Vodafone on amendments to the Vodafone Business Customer Terms for over 60 Vodafone corporate customers. This also included responses to requests for proposals, requests for tenders, expressions of interest and other pre-contractual documentation.

Sydney Ports Corporation

As adviser to Sydney Ports Corporation on the Port Botany Expansion - Stevedore project we prepared the multi-stage tender and lease documentation for this project and advised on various planning and environmental issues. We also conducted a detailed review of NSW government policies, Premier's memoranda and circulars and other guidelines, including the 2006 ICAC probity guidelines, to ensure the procurement process and RFP documentation complied with Government requirements.

Mastercard International

We have advised global electronic payments company, Mastercard, on a number of its recent arrangements with some of Australia's largest financial institutions.

NRMA Motoring

We advised Australia's oldest motoring organisation on a number of aspects of its current business strategy including recent investments, new business initiatives and its member loyalty program.

Pirelli Tyres

We advised premium tyre manufacturer and distributor, Pirelli, on many of its Australian distribution agreements with key dealers and on the contractual arrangements for its outsourced logistics model.

Publications