Our Expertise
Our team of commercial lawyers possess a strong commercial acumen and unique understanding of commercial law. We understand small business, large corporations, multinationals and not for profit and have a insight into the healthcare sector due to our exceptional experience with Crown land, hospitals sites, PPP and healthcare providers. We are able to provide hands on legal advice and end-to-end services.
Providing high-level advice to our clients on acquisitions and dispositions of business, drafting business sale agreements, share sale agreements, unit sale agreements, shareholders agreement and unitholders agreements, acquisition and corporate restructure deeds, put and call option deeds, preliminary indicative offers, binding heads of agreements and non-disclosure agreements and freehold sale documents that are interdependent from time to time.
We are able to provide you with general business advice, structuring advice, restructuring of your business for tax purposes and/or asset protection, intellectual property advice, franchising advice including compliance with the Franchising Code of Conduct, disclosure obligations, drafting disclosure statements, licence agreements, leases, franchise agreements, restructuring for licence and royalty arrangements and the use of Intellectual Property, negotiating surrenders of Franchise Agreements, renewals and providing general advice.
Our services include the following:
- Competition and Consumer;
- Franchising;
- Intellectual Property;
- Tax Law;
- Banking & Finance;
- Asset Protection;
- Sale and Purchase of Business; and
- Structuring and Restructuring.
Achievements/Testimonials
Merges and Acquisitions
Provided high-level advice and negotiated the acquisition of a business of abattoirs at various sites for the aggregate sum of $80,000,000 including the sale of freehold estate involving contracts of sale of land and interdependent business sale agreement ensuring that the intellectual property was included in the sale documents.
Franchising Dispute
Settled a complex Franchise Dispute associated with a large retailer in the healthcare sector obtaining a favourable outcome for the client at mediation, the terms of which saved the client’s business and prevented a termination event.
Sale of Business
Identified and advised on a commercial risk in a sale of business and drafted and negotiated an appropriate clause enabling the client to recover approximately $384,000 for unanticipated CAT 1 works at completion through excellent due diligence and negotiation.
With globalisation and market disruptions including changes internally and externally to the macro and microenvironment SMEs and large corporations require a corporate lawyer who is on demand, able to provide practical and high-level advice expeditiously. We provide general advisory to corporations, with the view that sound advice, creates better decisions and value to our clients and minimises risk. Our lawyers having provided in-house on demand services to high-net-worth clients, professional services, developers, manufacturing businesses and retail clients and in other areas of law, we understand what it truly means to “know your business” to provide advice with a extraordinary turnaround.
Our services include the following:
- Corporate Advisory;
- Compliance and Governance;
- Shareholder and Unit Holder Agreements;
- Equity Capital Markets;
- IPO;
- Merges and Acquisitions and Takeovers; and
- In-house & on demand
Employment law is integral to all business owners and employees, to understand the constant changes in the laws whether it be the requirements under the Occupational Health and Safety Act 2004 (Vic) to the Fair Work Act 2009 (Cth), Nakat Law will provide you with comprehensive advice in relation to your employees, contractors, employment and/or contract agreements, any enterprise bargaining agreements, union negotiations, compliance with authorities and investigations and resolution of disputes. Similarly, having acted for so many employers, we are equally capable of advising employees if it may have a cause of action against its employer or former employer.
Our services include the following:
- Drafting, reviewing, advising on and settling employment contracts;
- Employer/Employee Disputes including conciliation;
- Unfair Dismissal (constructive dismissal);
- Redundancy;
- Breach of Confidence;
- BOOT advice;
- Adverse Action;
- Occupational Health and Safety and Work Health and Safety Act;
- Equal Opportunities;
- Governance, Compliance and Investigations for Employers;
- Disputes and Dispute Resolution
Intellectual Property is intangible property that every business must consider including any branding your business, franchising or developing new technology and entering into joint venture agreements and contracts of employment.
It is critical to receive advice on the registration of trademarks, patents, designs and protect copyright and trade secrets depending on your business and the innovation you wish to protect and enforce nationally and internationally depending on your business requirements. Furthermore, to enforce your protected or common law rights to your ideas requires innovative and experienced lawyers to be creative in its protection and enforcement and truly understand the product or brand that you are seeking to protect particularly when the following market disruptors have emerged:
- Artificial Intelligence (AI);
- Cryptocurrency;
- Cloud Based Software;
- Privacy Law; and
- Cyber Security threats.
Our services include the following:
- Non-Disclosure Agreements commonly known as NDAs or Confidentiality Deeds;
- Trademarks – including registration, revocation, opposition, enforcement including international protection and assignment of trade marks and misleading and deceptive conduct;
- Copyright – including moral rights protection, registration (where applicable), enforcement in national and international jurisdictions and assignments;
- Patent – research and development, registration and enforcement of patents including related designs and innovations and adaptations;
- Protecting trade secrets, know-how and enforcement including passing off;
- Deeds of assignment and releases;
- Joint venture deeds including research and development;
- SAAS Agreements, technology services contract;
- Cryptocurrency advice and digital currency, understanding the tax ramifications and asset protection;
- Terms of Use and Privacy Policies and data compliance for digital sales, marketing and other services;
- Employment contracts and other contracts to ensure intellectual property vests in the appropriate party; and
- Charging intellectual property and intangible asset protection;
- Providing advice on the use of Artificial intelligence in the workplace, designs and compliance.
Achievements/Testimonials
Recent Case
IP Australia Decision: 2023 ATMO 139 (14 September 2023)
Representative: Adam Nakat of Nakat Law
Ex parte hearing – whether registration of trade mark should be revoked – presumption of trade mark should be revoked – presumption of registrability under Section 41 – not satisfied error during examination – registration not to be revoked.
After registering the clients word and figurative mark, Nakat Law sought to enforce the trade mark against a competitor using a deceptively similar brand. The competitor requested for IP Australia to exercise its discretion to remove the client’s trade mark. From careful consideration and strategic and high-level legal services including detailed submissions and advocacy, Nakat Law secured the registration of a difficult trade mark and won so that the client can retain the trade mark using leading case law and technical skills to assist the client without counsel.
Nakat Law is able to provide high volume and level advice in relation to exceptional level of legal services as it relates to industrial, commercial and retail leasing (including Crown land leasing) with an in-depth understanding of the Retail Tenancy Legislation, providing general retail leasing services within all Australian jurisdiction and drafting and negotiating disclosure statements, agreements for lease, leases, sub-leases, deeds of consent, deeds of surrender, variations, guarantee and indemnity and deeds of assignment. Additionally, we understand the property markets, building disputes, major domestic building contracts, plus contracts, major projects PPP, tenders and other areas including local council.
We provide advice for small and large acquisition and sales of freehold property, contract of sale review, caveats, mortgage discharge and registration, preparation of vendor statements, conveyancing of freehold in most jurisdictions including off-the-plan sales, sub-division, small to large developments acting for the developer, partition agreements, and construction projects.
Our services include the following:
- Residential Tenancies;
- Indicative Offers;
- Mortgages;
- Caveats;
- Sub-Divisions;
- Developments;
- Retail Leasing nationally;
- Commercial and Industrial Leasing nationally;
- Construction Contracts;
- Procurement;
- Planning and Environment; and
- Local Council
We have exceptional experience in instigating proceedings and defending claims across most Australian jurisdictions including claims arising from construction issues, defective works, debt recovery, breach of contract, repudiation of contract, breach of Australian Consumer Law, corporate governance and shareholder disputes, retail leasing and commercial leasing disputes including relief against forfeiture and orders for injunctive relief, employment issues, wills and estates matters and property orders.
Our services include the following:
- Commercial Disputes including breach of contract;
- Shareholder and Unit Holder Disputes;
- Franchising Disputes;
- Australian Consumer Law;
- Property Disputes;
- Retail Leasing Disputes;
- Family Law
- Equity;
- Debt Recovery;
- Restructuring and Asset Protection;
- Insolvency; and
- Alternative Dispute Resolution
Be optimistic about the future, however, engage lawyers to imagine in the worst and protect you from the worst including but not limited to high-level succession planning including but not limited to advising on, drafting, duly executing wills, testamentary trusts, attending to succession planning and restructuring, powers of attorney, estate disputes, deeds of family arrangement, probate, and application for guardianship, contesting administration of will, applying for administration of an estate.
Our services include the following:
- Drafting Wills;
- Powers of Attorney;
- Testamentary Trusts;
- Succession Planning and advice;
- Deed of Family Arrangement;
- Guardianship Application;
- Disputing Wills;
- Probate;
- Administration of Will and Estate;
- Estate Disputes.
We are an empathetic team with the expertise in every aspect of family law, including property settlements, parenting and “custody”, divorce, maintenance, child support and international family law.
Our services include the following:
- Property and financial matters;
- Parenting (including surrogacy advice);
- De Facto;
- International Family Law;
- Financial Agreements;
- Asset Protection;
- Divorce;
- Arbitration;
- Family Violence Intervention Orders; and
- Parenting and Property Orders
It is difficult to navigate disputes in multiple jurisdictions, including preventing being sued in a foreign country. Nakat Law provides high level guidance and expertise to assist you in a vast array of disputes in common law jurisdictions such as the United States of America, Singapore and England without limitation. We mobilize our strong connections to ensure that your business and civil interest globally is protected, and managed with our positive experience in litigation against top tier and global law firms with offices across jurisdictions
To ensure that your agreements, deeds or other documents are enforceable, and valid, it is imperative that you consult a lawyer to ensure that the contracts prepared are enforceable in connection with the relevant jurisdiction understanding our laws as well as the country in which you are dealing.
Providing advice on jurisdictional issues in a myriad of countries such as Australia, the United Kingdom, the United States of America, Singapore, India, China, South Africa and other countries not merely common law jurisdictions, globalisation has made business accessible and exposed in a myriad of ways and you require high-level advice navigating through an ever-increasing globalisation of resources, manufacturing, wholesale and retailing, employment. We have the experience and expertise to provide you with general guidance, and high-level solutions to conducting business or interacting with foreign countries, authorities, and organisations.
Our services include the following:
- International disputes;
- International contracts and deed; and
- Jurisdictional issues
Get in Touch
We’re here to assist with all your legal needs. From advice to representation, you can count on us. Get in touch today.