Goldrick Farrell Mullan with Humphreys & Feather

Goldrick Farrell Mullan can address a wide range of Business Law related matters. Our business lawyers bring practical experience as well as in depth legal knowledge to the provision of business law advice. Our clients range from start up businesses to listed companies, public authorities and local councils. 

Areas of expertise include:

Sale and purchase of businesses by either sale of assets or sale of shares

Implementing an appropriate business structure and asset protection strategy

Business succession planning

Creating franchises by drafting franchise agreements, advising on compliance with the code of conduct and the “Australianisation” of commercial documentation & advice on local issues for transnational companies

Advising potential franchisees on the franchise agreement and appropriate business structure

Structuring partnerships and joint ventures, particularly in relation to the exploitation of new businesses and technology

Tender Preparation and compliance

Reviewing or drafting a diverse range of contracts

Trade practice compliance including consumer protection, multi level marketing, restrictive trade practices and the telecommunications requirements.

Advising on loan agreements, mortgages, charges and other forms of security.

GFM projects include:

Advising an Australian university on the buyout of its joint venture partner

Acting on the purchase of an historic Sydney hotel and nightclub

Advising a number of mortgage system franchisees in respect of the franchise agreement

Drafting master and sub-franchise documentation for a company best described as the maritime equivalent of the NRMA, including the incorporation into that documentation of procedures for the handling of distress calls and cooperation with Australian maritime safety authorities

Advising an upmarket patisserie business in relation to creating a franchise network

Whether you are buying or selling your home, an investment property, a place in a retirement village  or community title scheme or simply refinancing your mortgage we can assist.

Areas of expertise include:

Residential conveyancing

Sale and purchase of commercial property

Commercial and retail leasing

Strata Law

Land subdivisions

Creation of covenants & easements

Property development

Financing of commercial property development 

We have experience in appearing before the Courts in a range of criminal matters and can arrange representation for clients in most Courts. 

Our experience includes appearing at Coronial Inquests and Fire Inquiries, prosecutions by Local Councils, Workcover prosecutions, traffic offences and driver’s licence appeals. 

We also act for employers, small businesses and major corporations in Occupational Health & Safety prosecutions. We have advised major government authorities and large private corporations on a range of OH&S issues. 

We can arrange Court representation for individual managers and directors as well as corporations in OH&S prosecutions. We also conduct OH&S audits in association with consultants in various industrial fields. 

Our solicitors have advised clients in relation to prosecutions before the Courts and Tribunals in several Australian states.

Our professional staff is experienced in a wide range of Debt Recovery areas including bankruptcy, company liquidation and winding up applications.   

We have acted for several Australian based corporations involved in recovery of large sums from overseas corporations.   

We also act for individuals, corporations and small businesses involved in debtors management.

We are experts in divorce, property settlement and children's cases. Interviews can be arranged at our Sydney, Chatswood, Hornsby or Gosford offices. 

Areas of expertise include:

Parenting orders 

Marriage and de-facto relationships (including same sex relationships) 

Separation / divorce Intervention orders 

Child support and maintenance 

Custody

Adoption 

Termination of parental rights Paternity

Dependency and child neglect 

Protection from abuse 

Property settlements (division of assets and liabilities due to divorce/separation) 

Financial agreements (pre-nuptial agreements)  

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Counselling Family  

Counselling can help couples and children come to terms with changes during the breakup of a relationship. The Court can order your and your spouse to see a family counsellor to attempt to resolve differences about the care, welfare and development of your children.  

Divorce  

Grounds for Divorce  

In Australia the Family Law Act operates on a "no fault" basis, meaning there is no need to show that either party is at fault before a divorce can be granted. The only thing that needs to be shown is irretrievable breakdown of the marriage (i.e. there is no hope of a reconciliation).  

Before applying for divorce a husband and wife must have been separated and living apart for at least 12 months. In some circumstances it is possible to live separately and apart under one roof but it is best to talk this over with your solicitor to assess whether such circumstances apply.  

How do I file for divorce?

Once an application for divorce is made it is served on your spouse. A hearing date is set by the Court and you must attend if there are any children of the marriage under 18 years of age.  If the Court is satisfied that adequate arrangements have been made for the welfare of the children, including housing, education, contact and financial support, then a divorce will be granted.  If satisfied the Court will grant a Decree Nisi of the marriage. This is a preliminary order which will automatically become final one month and one day later. Once this date has passed you are free to remarry.  

Divorce and your Will  

Divorce can have important ramifications on Wills. We can advise you about preparing a new Will that recognises the change in your circumstances. 

You do not need to be divorced before drafting your Will.  

It is important to provide for care of your children. You do not need to be divorced before finalising arrangements about either care of your children or the financial aspects of separation.  

We can help you with the negotiation of a financial settlement or in commencing Court proceedings to protect your rights and those of your children. It is important to remember that there is a one (1) year time limit from the date your divorce becomes final in which to commence proceedings for property settlement or spouse maintenance.  

Can I apply for Divorce if I live Overseas?  

We regularly act for ex-patriate Australian or foreign nationals who were married in Australia, and advise them on how to apply for divorce in Australia. Most instructions can be taken by email or telephone and we can email documents to clients overseas to sign.  

Spousal Maintenance  

Under the Family Law Act, a person has a responsibility to financially assist their spouse, that is their husband or wife, if that person cannot meet their own reasonable expenses from their own income or assets. Where the need exists, both spouses have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The extent of the support depends on what the other spouse can afford to pay. Spousal maintenance is not automatic. In deciding a maintenance application, a Court considers the needs of an applicant and the respondent's capacity to pay. A Court considers the following about both of you:

your age and health 

your income, property, and financial resources 

your ability to work 

what is a suitable standard of living, 

if the marriage has affected your ability to earn an income. 

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A Court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.  

What if you start a new relationship?  

You are not entitled to spouse maintenance if you remarry and if you start a new de facto relationship the Court will have regard to the financial relationship between you and your de facto when considering whether you are able to support yourself adequately. 

Is there a time limit for applications for spousal maintenance?

Applications for spousal maintenance must be made within 12 months of your divorce becoming final. If you do not apply within this time, you will need special permission of a Court. This is not always granted. 

Children Matters  

Living arrangements and decision making

The Court can make orders about living arrangements for children and the amount of time they spend with each parent. Parents usually share responsibility for issues such as: 

The child's education; 

Religious and cultural upbringing; 

Medical decisions; 

The child's name. 

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Contravention

Once the Court makes an Order, breaking the Order is known as a 'contravention' of the Order. Certain penalties can apply in the event one party is held to have contravened a court order. 

Relocation

If one parent wishes to relocate with the child, an application can be made for permission to relocate, or to stop the relocation from taking place.  Again, the best interest of the child is the paramount consideration. 

Grandparents and Grandchildren

The Family Law Act recognises that children have the right to spend time with people who are significant to their care, welfare and development which includes grandparents and other relatives. This includes face to face contact, telephone contact and correspondence such as letters and emails. 

Location and Recovery

If you do not know your child's whereabouts an application can be made to locate the child's whereabouts. When deciding whether to make this order the Court considers the child's best interests. The Court also has the power to make a recovery order which requires the return of the child. 

Property Settlement

Orders for a property settlement can be done at any time following separation. However once your divorce has become finalised, you have just 12 months in which to make an Application to a Court for a property settlement. We like to think of Court proceedings as a last resort. We endeavour to assist our clients to find ways that they can negotiate a settlement with their former partners. It is only in the event that settlement negotiations are not feasible or if such negotiations break down or are exhausted that we look to the Courts for a remedy. The assessment undertaken in dividing the assets of a relationship is basically a three step process: 

STEP 1:

Ascertain the net asset pool. All assets are taken into account at this stage, whether they are acquired before or during the marriage, or after the parties separate. This doesn't necessarily mean all of the assets of the relationship will be divided between the parties. It just means that all assets are given consideration. The definition of "property" is very wide. "Property" includes assets of either or both of the parties such as real estate, shares, cars, jewellery, savings, and furniture. Superannuation is treated differently although generally speaking orders can be obtained for superannuation entitlements to be divided. 

STEP 2:

Contributions to the net asset pool. The next step undertaken by the Court is to assess each party's contributions to the marriage whether financial or non financial. The assessment includes a determination of contributions made by each party as a home maker or parent. Initial contributions such as those you bring into a relationship can be relevant as are gifts and inheritances and other more unusual assets that might be received by one party to the marriage during the course of the relationship. 

STEP 3:

Future needs. The third step that the Court undertakes is to assess the future needs of each party. The Court takes into account a wide range of factors including:- age, health, income, earning capacity, the property of each party, whether one party has the care of children, and the financial circumstances arising out of any new relationships. If it is considered appropriate, a Court can make an adjustment to the outcome of Step 2 after having given considerations to these types of factors. 

Domestic Violence

Goldrick Farrell Mullan is sensitive to relationship problems such as domestic violence in relation to divorce and child custody. The court can help by adjusting its standard procedures to ensure your safety throughout the course of your family law proceedings. Your solicitor at Goldrick Farrell Mullan can help ensure your domestic violence issues are handled with the greatest of care.

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Goldrick Farrell Mullan has experience in drafting employment contracts and advising in relation to separation and redundancy issues. We have advised local Australian employers and a number of transnational organisations on employment issues arising as a result of the restructuring of their Australian operations. 

The obligations on business and employers to comply with Occupational Health and Safety laws now carry heavy sanctions. Not only corporations but their directors and managers can personally face penalties and imprisonment. We monitor developments in this field and can provide legal audits, advice and representation in court matters. 

Areas of expertise include:

Advocacy

Award compliance

Email & internet usage policies

Employment contracts

Employee claims against their employers

Privacy & surveillance

Redundancy programs

Termination of employment

Occupational Health & Safety

GFM projects include:

Negotiating redundancy packages for individuals

Acting for a large Australian retail chain in various employment disputes

Representing corporations in Occupational Health prosecutions

Recovery of unpaid wages and entitlements

Estate planning involves the consideration of superannuation, life insurance, tax and structuring & risk issues. We work closely with your accountants, financial planner and other advisors to ensure a holistic and sound strategy is developed for you or your business. 

Areas of expertise include:

Preparation of Wills, Testamentary Trusts, special Powers of Attorney, custom-built trusts and documentation for family and business succession arrangements, tying in Estate planning with Family Trusts and self managed superannuation funds

Business succession including life insurance funded buy outs of partners or their estates

Avoiding and managing family conflict over business succession, asset protection, business succession agreements, Binding Financial Agreements for married and de facto couples and associated companies and trusts, and documentation of family-friendly secured debt

Testamentary trusts tailored to the succession planning goals

Risk assessment for small business owners in cases of potential family law and estate disputes, the third party powers of the Family Court, insolvency risks, advice on asset restructuring taking into account risks of family disputes, potential insolvency claims as capital gains tax, stamp duty impacts and potential insolvency claims

Advice on administration and tax issues confronting Executors of deceased estates, Trustees and controllers of first and second generation Family Trusts as well as Trustee and executor duties

Superannuation

Advice on practical tax, CGT and stamp duty issues as they affect companies, trusts, business succession arrangements, superannuation death benefits, restructuring of family business entities and deceased estates

Protective trusts for vulnerable dependants 

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GFM projects include:

Advice on contesting a Will and lodgment of a Family Provisions Act claim involving undue influence and mental incapacity.

Action against Trustees for breach of duty and recovery of trust funds

Goldrick Farrell Mullan provides advice on a range of insurance disputes.

David Farrell has over twenty years experience in Insurance Law. 

We can provide advice on the meaning and extent of cover under such policies, the effect of additional cover clauses, the effect of exclusion clauses, dual insurance issues, the effect of cover notes and the effect of multi-layered insurance facilities.  

Goldrick Farrell Mullan provides careful legal advice with respect to the extent and meaning of insurance policies but understands that there are commercial relationships between the parties and is able to provide practical advice in a commercial atmosphere. 

We can advise and assist on all aspects of litigation and dispute resolution. Our approach is to attempt to resolve disputes on a commercial basis where possible with extensive use of private negotiations and alternative dispute resolution. Where this is not possible Goldrick Farrell Mullan can provide a cost effective litigation service to enforce our client’s rights. 

We are able to offer these services and representation in Sydney, Canberra and regional New South Wales. Our solicitors have significant experience in advising on and conducting a wide range of commercial and insurance litigation.

Class Actions

We have experience acting for parties in class actions before the Federal Court of Australia. We acted for one of the Respondents in the major class action that followed a ban by Japan on Australian beef imports as a result of pesticide contamination of cattle feed.

Collaborative Mediation

We can offer representation by experienced mediators in this exciting new area of alternative dispute resolution.

Construction Cases

We have strong experience in construction cases having acted in disputes surrounding failed concrete pours, asbestos-contaminated buildings, commercial buildings losing external cladding, failure of architectural features, damage to heavy construction equipment whilst in transit and cross support claims for adjoining building sites.

Contract Disputes

Our solicitors are also experienced in drafting and negotiating a broad range of commercial agreements for our clients enabling us at an early stage in contract disputes to assess and enforce the rights, obligations and expectations of the parties. 

Goldrick Farrell Mullan understands the requirements and demands within a competitive marketplace and has developed dispute resolution strategies accordingly. We are able to resolve disputes arising from employment contracts, building contracts, contracts of carriage, Bills of Lading and insurance contracts.

Coronial Inquests

Many individuals and organisations may, on occasion, need representation before the Coroner’s Court in the cases of accidental deaths or fire inquiries. Although rare, these proceedings can have serious consequences for the parties involved. Legal advice should be sought at an early stage to protect clients from incriminating themselves or invalidating their insurance policies. One of our partners has held a commission as a Coroner for the State of New South Wales and has experience in the conduct of inquests and fire inquiries. We can provide advice and representation in this area.

Environmental Claims

Our litigation experience includes environmental claims as varied as atmospheric pollution from power stations, acid spills, and petrol leakage from petrol station tanks polluting the water table. We have successfully obtained court orders for the removal and disposal of asbestos waste. We regularly advise large corporations and building owners as to their obligations in relation to asbestos contaminated buildings and industrial sites.

Injunctions

We are aware of the need to seek injunctive relief to protect our client’s interests. Often this requires urgent ex parte action before a Judge in Chambers. During the course of court cases we are often required to apply for stays of proceedings or declaratory orders. 

Our professionals have been involved in such cases as seeking injunctive relief against a well known rock band in the middle of an Australian tour. We have also advised in relation to taking out injunctions against a major publicly listed Australian company attempting to remove assets offshore. During the NRL Super league period we advised certain Rugby League players and managers in relation to threatened injunctive action.

Litigation Support & Technology

Goldrick Farrell Mullan has developed cost effective systems and teams for handling large scale discovery of documents. This extends to matters where Goldrick Farrell Mullan is running the litigation or where a company may choose to handle the litigation matters in-house but need document handling and indexing support. The firm has extensive archive space available to house documents involved in large cases. We have well-trained staff and researchers available to scan, index, copy and recall documents using microfilm reader/printer facilities and computer databases.

Major Infrastructure Litigation

Major infrastructure disputes such as contract breaches during construction, non-compliance with completion dates, defective designs and negligent work practices have the potential to cripple an organisation’s profitability. The actions of third parties can also have serious results for project partners. We have both the strategies and the experienced personnel required to deal with major or catastrophic claims. 

In addition to disputes between the project contractor and their clients we have experience resolving major claims arising out of the actions of third parties. We have been retained to act in relation to several major train derailments. We have acted for electricity authorities in overhead power line cases as well as for contractors and insurance companies in cases involving damage to underground cables on large housing subdivisions. We have been successful in claims against major international engineering firms based upon negligent design of power station plant, unsafe work practices and boiler explosions during rehabilitation work.

Mediation

Several of our staff are accredited as Mediators and Conciliators. We have wide experience in all popular forms of Alternative Dispute Resolution and can represent parties involved in arbitration, conciliation or mediations.

Occupational Health & Safety Prosecutions

We have advised major government authorities and large private corporations on a range of OH&S issues. We can arrange Court representation for individual managers and directors as well as corporations in OH&S prosecutions. We also conduct OH&S audits in association with consultants in various industrial fields.

Property damage claims

We have special expertise in cases involving fire damage to buildings and motor vehicles. What first appears to be accidental can upon proper forensic investigation turn out to be arson. Serious criminal and insurance issues can arise in these matters. We have an outstanding record for our insurer clients in these types of cases.

Our experience in this field extends to cases involving property damage to building sites, shopping centres, parks, clubs and houses. We also act for fleet managers and insurers in motor vehicle recovery actions and proceedings with respect to goods damaged or stolen in transit and lost or stolen from depots.

Trade Practices Act Claims

The Trade Practices Act impacts on nearly all aspects of doing business in Australia. We can advise on competition and consumer protection law issues and can also represent clients both in prosecuting and defending proceedings relating to breaches of the Trade Practices Act and its equivalents under state law. 

We have experience in a wide range of cases involving misrepresentations in contracts, fraudulent misrepresentation, breaches of the Fair Trading Act and Trade Practices Act Section 52 claims. We are particularly experienced in the restrictive trade practices area and the potential anti-competitive effects of supply, licensing and distribution arrangements concerning intellectual property rights.