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Corporate Law & Governance Law

Corporate Law & Governance Law

We know Corporate Law & Governance Law

Corporate Law & Governance Law

The laws that inform and regulate corporate governance are dynamic. Traditional regulatory regimes include consideration of ethics, business judgment, and duties of directors. Modern issues that impact corporate governance law now require consideration of modern slavery, climate change, ethical investing, use of artificial intelligence, and transparency.

Our team match those dynamacy. Darren and Luke lead a team of lawyers who constantly stay at the forefront of where regulatory governance is heading. Our team have expertise and experience in doing so, not just as lawyers but also has owners of equity in many projects around the world. For example, Darren and his family hold direct equity, are on the Boards and are involved in governance of businesses in the UK, Abu Dhabi, Turkey, and Oman, as well as Australia and Papua New Guinea.

Our team members have direct experience (and the direct risk of personal liability) in corporate law and governance in their own business interests.

Our team members have also been Directors of ASX listed and public companies, such as Ringers Western Trading Pty Ltd, Critical Minerals Ltd, Queensland Ballet and the Australia Taiwan Business Council.

We know what it is like to work under the strictest governance requirements and apply this knowledge and experience to our clients and their matters.

We Can Help With

  • corporate governance in Australia and in other major jurisdictions
  • insolvency processes
  • environmental protection obligations
  • fiduciary duties and responsibilities owed by corporate directors and officers within Australia
  • debates and reform initiatives in corporate governance, within Australia and in overseas jurisdictions

Our Experience

Acted for various indigenous corporations in relation to investigation into board member conduct, the running of annual general meetings, and general corporate governance issues.

Acted in all aspects of a data breach by an ex-employee. Including reporting requirements to the affected individuals, the Federal Police, Australia Cyber Security Centre and the Office of the Australian Information Commissioner. Instructing and working with a data security expert to ascertain background to breach and possible consequences.

Our people hold numerous Directorships including of Ringers Western Trading Pty Ltd, Queensland Ballet, Australia Taiwan Business Counsel, and Critical Minerals Ltd.

Our People

Darren Fooks

Special Counsel

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Tailored Advice for your Incorporated Entity

Our services include advice in connection with the following matters:

  • Mergers and acquisitions
  • Capital raising, including private equity and debt funding
  • Directors’ duties and liabilities
  • Executive remuneration
  • AGM and EGM matters
  • Corporations Act compliance
  • Director placement
  • Constitutional matters
  • Corporate governance and strategies

If you require any assistance with such matters, please contact our Corporate Team.

Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.