Technology
Armed with the knowledge that a good idea is just the starting point, our dedicated team stands with our clients, steering and growing with them from the inception of a new product or service right through to commercialisation and scaling up.
Services
1. Structures
Business set-up; company set-up; trust set-up; partnership set-up; joint venture (JV) set-up; consortium set-up; asset protection; shareholders agreements (SHAs); unitholders agreements.
2. Capital Raising
Equity issues including subscription agreements and option agreements (for shares) and simple agreements for future equity (SAFEs); debt issues including loans and convertible notes; government grants including under MVP Ventures, CSIRO Kick-Start, Industry Growth Program (as part of the Future Made in Australia agenda) and Cooperative Research Centres Projects (CRCP) and similar programs; security arrangements; R&D Tax Incentive and related loans.
3. Intellectual Property
Patent strategy; trade secret strategy; trade mark registrations; copyright; other intellectual property (IP) protections; infringement claims; joint venture agreements (JVAs) and other collaboration agreements for research and development in conjunction with government, universities and industry; IP licence agreements; IP assignment agreements; material transfer agreements (MTAs) non-disclosure agreements (NDAs).
4. Sales
Customer terms for supply and sale of goods and services; product warranties; off-take agreements; distribution agreements; disclaimers; agreements for pilot projects and demonstration projects; memoranda of understanding (MOUs); letters of intent (LOIs); exclusivity agreements; promotions.
5. Supply Chain
Manufacturing agreements; assembly agreements; feed-stock agreements; original equipment manufacturer (OEM) supply contracts; subcontracts; equipment hire agreements; consultancy agreements; software end user licence agreements (EULAs).
6. Staff
Employment contracts; independent contractor agreements; employee share option plans (ESOPs) and other employee share schemes (ESSs); employee incentive schemes; employee restraints; health, safety and environment (HSE).
7. Premises
Leases of land; contracts to purchase land; options to lease land; options to purchase land; fit-out contracts; permits including development applications (DAs) and construction certificates (CCs) and under the Environment Protection and Biodiversity Conservation (EPBC) Act; easements and other land access rights; engineering, procurement and construction (EPC) contracts including for plant establishment and expansion; Security of Payment Act (SOPA) and equivalent legislation; operation and maintenance (O&M) agreements.
8. Insurance
Products liability insurance; public liability insurance; professional indemnity (PI) insurance; workers compensation insurance; property insurance; industrial special risks (ISR) insurance.
9. Growth
International expansion; instructing overseas counsel (on behalf of clients) on (among other things) business set-up, company set-up, company administration, directors’ duties, tax, trade practices and labour and industrial relations (IR) laws.
10. Regulatory
Company law generally and Australian Securities & Investments Commission (ASIC) specifically; Foreign Investment Review Board (FIRB) rules; trade practices generally and Competition and Consumer Act specifically; privacy policies and data protection generally and the Privacy Act specifically.
Projects
-
5B
Advised on over AUD 20m of pre-Series A, Series A and pre-Series B capital raising in various forms, shareholder arrangements, Australian Renewable Energy Agency (ARENA) grants, R&D tax loans, engineering arrangements, manufacturing arrangements, intellectual property (IP) arrangements, collaboration and joint venture arrangements, premises leases and licences, employment and consultancy arrangements, product sale and warranty arrangements and distribution (including licensing) arrangements plus myriad upstream and downstream contracts covering (among various other things) supply and deployment of more than 25 MW of solar photovoltaic (PV) capacity across Australia, USA, India, Chile and Panama.
5B is a Sydney-headquartered, clean technology business on a mission to accelerate the planet’s transition to ultra-low-cost clean energy by harnessing the full power of the sun, and plans to achieve this goal with its prefabricated, modular and rapidly-deployable Maverick solution. 5B’s investors currently include BP, AES, Artesian, Malcolm Turnbull AC and Simon Holmes ὰ Court (or associates thereof).
-
Allegro Energy
Advised on AUD 4m investment from and pilot projects with Origin Energy, other pre-Series A and Series A capital raising in various forms, shareholder arrangements, production off-take arrangements, manufacturing arrangements, intellectual property (IP) arrangements, premises leases and product sale and warranty arrangements.
Allegro Energy is a Newcastle-headquartered, clean technology business striving to radically accelerate transition to a greener future in which fossil fuels are entirely obsolete through further development and distribution of its water-based, non-flammable and non-corrosive redox flow batteries that are comprised of widely available (and recyclable) materials, as well as its supercapacitors. Allegro Energy’s investors currently include Origin Energy, ReNu Energy and Melt Ventures (or associates thereof).
-
Aquacultr
Advised on intellectual property (IP) licensing arrangements, land access arrangements and capital raising.
Aquacultr is a Newcastle-headquartered business which is seeking to meet the world’s (seemingly ever-increasing) demand for seafood in (much) more sustainable and economical ways (compared to commercial fishing and traditional pond-based and sea-cage aquaculture systems) including by farming barramundi (and other fish species) using controlled, land-based recirculated aquaculture systems (RAS) that maximise use of available floorspace, minimise water use, minimise the use of harmful chemical additives and antibiotics and maximise feed conversion, and which can be deployed across diverse geographies using a proven, de-centralised grow-out farming model.