Areas of Practice

Building & Construction Law

Commercial Law

Corporate Law

Criminal Law

Debt Collection

Debt Defence

Entertainment / Media law

Equestrian Law

Family Law

Finance & Credit

Industrial / Employment Law

Intellectual Property

Insolvency Law

International Business Transactions

Litigation & Dispute Resolutions

Medical Law

Medical Negligence

Migration

Personal Injury

Real Property & Conveyancing

Sports Law

Succession, Wills & Probate

Taxation & GST

   

Download the printable version of our Areas of Practise

Requires Adobe™
Acrobat Reader™



The Koffels Advantage

Our People

International Associations

Koffels E-Newsletter Archive



Articles

Useful Links

Contact Us

Koffels Home

About Koffels

AREAS OF PRACTICE

The basis of the firm's work is commercial and litigation. The firm acts for businesses and commercial enterprises and or its proprietors. The firm also acts in cases involving medical negligence and catastrophic personal injury.

Our work generally involves advice to business, attending to their needs including general advice as to business strategy, compliance, contracts, royalty agreements, licenses, leases, conveyancing, intellectual property, goods and services tax, marketing, advertising and litigation. The work is diverse and depends on the principal activity of the client. The work ranges
from compliance under the Corporations Law to advice on media buying contracts.



BUILDING AND CONSTRUCTION LAW

Our team of senior practitioners has extensive experience in all areas of building and construction litigiation.

Koffels can provide a comprehensive service for the building industry from concept planning, due diligence reporting, development identification, environmental planning, contract negotiation and drafting, providing legal advice, construction project management and contractual administration.

We have experience across commercial, industrial and domestic building projects, acting for a diverse client base which includes builders, developers, contractors owners and consultants.

In particular, we carry out the following,

  • pre contract advice and negotiation
  • project/joint venture and alliance contracts, negotioation and documentation
  • building contracts, standard and project specific
  • contract adminsitration, compliance and performance monitoring
  • advice and claims under the NSW Building and Construction Industry Security of Payment Act 1999 (as amended in 2002)

At Koffels our objective is to ensure clients negotiate their respective projects without disruption; however, if things do go wrong, you can be assured Koffels will be there to assist.

Building projects can often be disrupted by one of the 3Ds; defects, delay or default, however, there are a myriad of other problems with the potential to derail an otherwise healthy project. At Koffels our Building and COntruction team is well-versed in building and construction mdiations and arbitrations. Out team aslo has extensive experience in all jursidictions in which your building dispute may be heard; including,

  • State Supreme and District Courts
  • Local/Magistrates Court
  • The Federal Court of Australia
  • The Land and Environment Court
  • The Consumer, Trader and Tenancy Tribunal
  • Other tribunals

Koffels aim to ensure your particular project is a success in every way.

 Return to Top

COMMERCIAL LAW

At koffels our foundation is commercial law, where our commitment is to providing first-class support to your business from the ground up. We have a business approach to assisting clients with commercial transactions backed up by many years of operating businesses. This is backed up with practical tax advice.

At Koffels we have the experience and knowledge to advise on any area that may be of interest, including;

  • Business start-ups and structures
  • purchase and sale of business and mergers
  • Joint ventures and partnerships
  • Merchandising
  • Franchising
  • Advertising and marketing
  • Terms and conditions of business
  • Commercial contract law
  • Due Diligence investigations
  • Business Succession planning
  • Share holders agreements
  • Confidentiality agreements
  • Service agreements
  • Discretionary trusts and Unit trusts
  • Business restructure and amalgamations
  • Banking and debt finance

Whilst at Koffels, our primary aim is to assist you in avoiding the costly and disruptive pot-holes of litigation, however, if your dispute cannot be settled to your statisfaction you can rest assured we have an excellent team of litigators ready to provide aggressive and complete support throughout the litigation process.

Also see Corporate Law.

 Return to Top

CORPORATE LAW

Our areas of expertise include Corporate regulation and directors duties. We advise companies, its directors, employees, shareholders and those with whom the company has a relationship.

In particular we practise in the following areas;

  • Corporations law and Security law compliance
  • Directors duties
  • Corporate governance
  • Disputes relating to oppressive and unfair dealing by majority chareholders
  • Restructuring Foreign Investment Review Board applications and compliance
  • Directors' officers' amd professional advisors' indemnity and insurance
  • Pre dispute advice toi Directors, Auditors and Corporate officers.

Also see Commercial Law.

 Return to Top

CRIMINAL LAW

We provide advice and representation in all jurisdications including Local District and Sup[reme COurts.

Our areas of practice include;

  • traffic matters
  • assaults
  • drugs
  • confiscation of assets under both State and Federal Jursidictions for proceeds of crime
  • apprehended violence orders
  • "White Collar Crime" offences
  • Corporations Act including complex corporate prosecutions and prosecutions by ASIC
  • breaches of State Acts involving licensing in various industries
  • tax and other applications
  • bail applications
  • advice and defence of prosecutions by WorkCover

We can be contacted 24 hours a day with after hours contasct phone numbers on our office answering service.

 Return to Top

DEBT COLLECTION

We are able to pursue debtors quickly and efficiently to ensure a maximum return at a minimum costs to the creditor.

For simple debt recovery a cost effective service including letters of demand through to various enforcement procedures and a reporting system to cleints to keep them up to date.

Our expertise includes the use of onsolvency procedures, enforcement of retention of title clauses and the attacking of schemes by debtors to remove assets beyond the reach of creditors. We also have experience in all aspects of the Corporations Act including statutory demands, winding up proceedings, administrations, receiverships and liquidations.

We also have experience with the Bankruptcy Act including bankruptcy notices, bankruptcy proceedings, debt arrangements and personal insolvency agreements under Part X of the Act.
 Return to Top

DEBT DEFENCE

We can offer advice to protect assets from some creditor claims.

If you are being pursued by a creditor there are a variety of considerations for which we can as advise as follows;

  • Can you defend the action as the debt is not owing or there is a problem with the goods and/or services supplied.
  • Can you counter claim against the creditor as a result of the relationship or have any other off-setting claim.
  • The possibility of amicably resolving or reducing the areas of dispute.
  • Application to the Court for time to pay a prsonal debt by instalments.
  • Your entitlementto retain some of your property if your personal debts exceed your assets and you face bankruptcy,
  • Unofficial arrangements to re-pay debts for personal and corporate clients.
  • Arrangements under the Corporations Act including Administation, Receivership, and Deeds of COmpany Arrangement.
  • Arrangements under the Bankruptcy Act including Debt Agreements and arrangements under Part X of the Act.

 Return to Top

ENTERTAINMENT / MEDIA LAW

We provide advice on all aspects of pre publication regulations, transactions and litigation.

All advice is provided to meet deadlines where applicable.

Our advice includes;

  • Intellectual property
  • Television and Radio
  • Film and Video
  • Internet

Our advice also includes music, print and art and their contracts, regulations and commercial dealings and all related litigation.

Ross Koffel has considerable professional experience in this area which puts him in an ideal position to offer comprehensive and practical advice.

Experience as a media proprietor dealing in the film industray and also with advertising agencies has given Ross a wealth of experience and contacts.

 Return to Top

EQUESTRIAN/HORSE LAW

Koffels holds a unique place in Equestrian Law from personal hands on experience. Apart from a strong family involvement over the last 25 years, Ross Koffel has held office with the Equestrian Federation of Australia (NSW Branch), Horse Trials Australia (NSW), and the Showjumping Council (NSW). Koffels provides sponsorship to Equestrian Sport, including Dressage NSW, and are the Honarary Solicitors for the Showjumping Council of NSW.

We offer legal advice in all areas of Equestrian Law from buying and selling to leasing and exporting performance horses. We are able to prepare documentation of all transactions including Stallion Agreements in the Thoroughbred Industry.

Koffels offers advice as to the organisation of equestrian activities including shows, competitions and the insurance implications of these activities.

Koffels can provide advice regarding any aspect of Horse Law including;

  • Public Liability claims
  • Agreements
  • Personal Injury
  • Professional Malpractice
  • Purchase or Sale of Horses
  • Disputes
  • Ownership Disputes
  • OverseasTransaction
  • Provision of Experts
  • Racing Industry
  • Breeding/Stud Agreements
  • Litigation
  • Training Agreements
  • Agistment & Lease
  • Contracts
  • Syndications
  • Tax,Duty, Cross Border
  • Purchase at Auction

Koffels have had direct personal involvement in all the Olympic disciplines of Equestrian sport and as a result offers unique experience in dealing with equestrian related matters.

We also offer advice as to the organisation of equestrian activities including shows, competitions and other events, and the insurance of these events.

We are also experienced litigators in equestrian disputes including disputes as to sale and purchase insurance and veterinary negligence claims.

Koffels is the premier firm dealing in Equestrian Law as a speciality, supported by our international LAW network.

We have successfully acted in matters involving disputed ownership, veterinary malpractice, fraud, injuty, insurance, misrepresentation, carnets, duty, international sales, agistment, leases and have carried out due diligence of large equestrian properties.

As with all things, the precaution of seeking informed advice prior to entering into any binding agreement is paramount. We give knowledgeable advice in all aspects of the horse industry with the background to understand the issues of this specialist industry. With our fundamental understanding of Equestrian Sport, Koffels can give you the edge over other representation.

We are the Lawyers who know horses

Also see Sports Law

 Return to Top

FAMILY LAW

Relationship breakdown can be one of the most stressful events you will meet in life, yet it is often also the time when you need to make some of the most important decisions in your life, involving your children, your home, in fact all areas of your life - and you need to make them without delay.

Koffels can help, right now. Our family lawyers can act quickly to protect you, your children and your property. At the same time we can provide reasonable, sensible advice, seeking a calm, but fair, resolution of the issues. We will give you accurate and realistic advice about parenting, support, residence, maintenance and all the issues.

Koffels can provide more than expert family law advice. We also have cutting edge commercial lawyers, able to advise in relation to the most simple, or the most sophisticated, property settlement solutions. We recognise that financial arrangements can cause as much stress in a time of trauma as the emotional needs of you and your children and other affected members of your family.

Koffels will - where required - put together a team of expert lawyers to structure practical options with the aim of securing a fast but practical, fair and permanent resolution of your family reorganisation. We can be vigilant and tough protectors of your rights and your obligations but our approach also recognises the wisdom in maximising the welfare of all concerned.

We can provide you with practical advice about:

  • child support
  • maintenance
  • de facto relationships
  • contempt, injunction and restraining orders
  • difficult restructuring of business affairs including taxation implications
  • separation and divorce
  • parenting and contact
  • same sex relationships and separations
  • consent or contested property settlements
  • recovery and apprehended violence applications
 Return to Top

EMPLOYMENT LAW

Koffels offer advice as to industrial awards and other laws relating to conditions of employment and protection of employers and employees, including disciplinary matters, maternity rights, discrimination, health and safety issues and redundancy. We can also advise as to restrictive covenants and enterprise agreements.

With the right legal advice, the Federal Workplace Legislation should not be a negative experience. As an employer, you want your enterprise to run efficiently, smoothly and cost-effectively. As an employee, you want a fair wage that matches your expertise and effort. Koffels' expert lawyers can design a solution which resolves those two goals simultaneously.

We are able to negotiate and, if necessary, litigate cases involving injured employees, unfair and wrongful dismissal and unfair employment contract disputes.

We also advise as to demarcation and other industrial disputes, for example, employment issues arising on corporate transactions.

We are experienced in the alternative dispute resolution options frequently employed in this area, including arbitration hearings and mediation.

Koffels has both the commercial expertise and acumen of its experienced commercial lawyers, and the individual empathy and understanding of its employment lawyers acting for the individual employee to structure workable solutions for any enterprise. We seek to promote preventive measures and resolve disputes rather than confront, aggravate and litigate. If you are an employer, you need a productive and contented workforce. If you are an employee, you need a good job, a good salary and a harmonious workplace. We can explain the complexities of the mutlitude of awards and agreements and help you develop the solution best suited to you abd your enterprise in order to acheive those outcomes.

We are experienced in Australian Workplace Agreements. At the present time an employer's relationship with its employees is controlled by State and Federal Industrial Awards or Agreements. An employer can alter its relationship with its employees as to the terms and conditions of their employment. You can remove all the complicated clauses and terms relating to penalty rates and allowances.

Basically what an employer wants, what the employees want, is a simple document that says in as few words as possible: do this job for this amount of money.

We can design a workplace agreement for a fixed fee.

 Return to Top

FINANCE AND CREDIT

We are involved in drafting credit applications and ensuring compliance with the various legislation and regulatory bodies. We can also prepare advice for credit providers and, where appropriate, assist in enforcement of credit arrangements.

 Return to Top

INTELLECTUAL PROPERTY

We are able to advise as to parties rights and obligations relating to all aspects of intellectual property in Australia, including the law as it relates to copyright, trademarks, designs and patents. We can also advise as to the intellectual property rights associated with passing off and other misleading or deceptive conduct, and the protection from misuse of confidential information including trade secrets.

We can obtain remedies for plaintiffs including the payment of damages by way of compensation, as well as injunctions to prevent further breach of intellectual property rights. For defendants, we can advise as to the various defenses available to defeat a prosecution alleging breach of intellectual property rights.

As intellectual property issues frequently involve issues of international trade, we are able to advise as to Australian Law as it relates to the information and exportation of articles which may be subject to intellectual property rights.

 Return to Top

INSOLVENCY LAW

We have considerable experience in acting for corporate and individual creditors, debtors, trustees and liquidators in all contentious and non-contentious aspects of insolvency law and practice. We are able to advise as to corporate receivership's, voluntary arrangement, and compulsory and voluntary liquidations, Part X arrangements and bankruptcies.

We are able to negotiate administrations and schemes of arrangement at our client's request, or alternatively oppose such proposals if they do not accord with our client's best interests.

 Return to Top

INTERNATIONAL BUSINESS TRANSACTIONS

We act for foreign Companies in their business dealings in Australia and for Australian Companies operating overseas.

We are also a member of Lawyers Associated Worldwide (LAW) which provides a global network of over 80 law firms who are able to provide expert advice on all international business transactions including;

  • Off shore sales, mergers, joint ventures and acquisitions
  • International licensing arrangements
  • Import/export
  • Financial planning and international taxation, asset management and investment
  • International competition, insurance and trust laws
  • Shipping, maritime and aviation law
  • Off shore property investment and business transactions within the European, Asia and American communities
 Return to Top

LITIGATION AND DISPUTE RESOLUTIONS

Koffels staff appear in all jurisdictions handling litigation of contentious matters, including court actions, arbitration, mediation and other forms of dispute resolution. We are able to conduct proceedings in any of the areas of law. In addition, the firm maintains a relationship with experience and competent barristers who are able to conduct advocacy in any jurisdiction in the State if required.

We are well aware of our client's need for their legal representation to be cost-effective, and have regard to viable alternatives to litigation wherever possible.

 Return to Top

MEDICAL LAW

Koffels acts in all areas of medical law, including advice in relation to medical negligence or medical malpractise claims, inquests and coronial investigations.

These are hightly technical areas of the law, requiring detailed knowledge and in depth experience to successfully negotiate any claim to completion. Koffels has that expertise and we will look after you through the most difficult or the most straightforward case.

We provide services around Australia for those involved in legal medical issues or as the reult of negligent medical treatment. We act for overseas clients who have a claim or problem anywhere in AUstralia. Through the lawyers Associated Worldwide network we can act for any person who requires medical law services almost anywhere in the world. Your matter will continue to be closely monitored by our staff no matter where in Australia or the world it happens to be.

Also see Medical Negligence

 Return to Top

MEDICAL NEGLIGENCE

These are highly technical areas of the law, requiring detailed knowledge and in depth experience to successfully negotiate any claim to completion. Koffels has that expertise and we will look after you through the most difficult or the most straightforward case.

We provide services around Australia for people injured as the result of negligent medical treatment. We also act for overseas clients who have a claim anywhere in Australia. Through the Lawyers Associated Worldwide network we can act for any person who requires our services almost anywhere in the world. Your matter will continue to be closely monitored by our staff no matter where in Australia or the world it happens to be.

 Return to Top

MIGRATION

中文

繁体

日本語

한국어

Koffels offers complete migration services to all clients wishing to visit Australia, whether temporary or permanent. These include


  • Student visas
  • Spouse visas
  • Other family visas
  • Business visas, including investors
  • Skilled Migration
  • Employer sponsored visas
  • Resident Return visas


We provide assistance at all stages of the application, from advising you as to your options to the preparation of documents, the application, the assessment process and, if necessary, appeals.

For those wishing to settle in Australia, as we are a firm with a diversity of capabilities, we are able to make your transition smoother. We provide ongoing legal support and commercial such as buying and selling properties in Australia, starting business, drafting wills and other services necessary in addition to your application.

Clients' circumstances are assessed on a case by case basis to ensure that the best avenue is elected. Our staff are also fluent in a wide range of languages, including Kantonese, Mandarin, and Korean.

Please contact our office for a free initial consultation. We can assess your circumstances advise you of the best application path and the costs involved.

Ross Koffel is a registered Migration Agent (MARN: 0006391) and clients can be assured of a professional standard of service. A copy of the Code of Conduct for Migration Agents can be found at:

Code of conduct for Migration Agents


 Return to Top

PERSONAL INJURY

Koffels provides services around Australia for people suffering work injuries, in traffic accidents, as the result of public liability and product liability or as the result of negligent medical treatment. We act for overseas clients who have been injured anywhere in Australia. Through the Lawyers Associated Worldwide network we can act for any person who suffers injury almost anywhere in the world. Your matter will continue to be closely monitored by our staff no matter where in Australia or the workd it happens to be.

Our expert and efficient lawyers can deal quickly with all aspects of the complicated compensation recovery systems while remaining sympathetic and available to our clients as required.

Because of the provisions recently enacted in the Legal Profession Regulation 2005, we are not allowed to advertise our services in New South Wales. We are permitted to provide advice and services within New South Wales to our clients so if you have any questions or concerns just call us.

Also see Medical Negligence

 Return to Top

REAL PROPERTY AND CONVEYANCING

Using the latest technology, Koffels is able to provide speedy and cost effective service on the sale and purchase of both residential and commercial properties.

At Koffels we know how important the sale or purchase of a property is to our clients.

We pride ourselves on providing a service that provides advice that is both comprehensive and given in a way that our clients can easily understand.

Feedback and accessibility are important not only to our clients, but also to all the other parties involved in the transactions such as mortgage brokers and real estate agents. Without feedback to both our clients and the finance brokers and real estate agents, the smooth transfer of property would not take place.

At Koffels our practice includes property transfers not only in New South Wales but in other jurisdictions such as Queensland and the Australian Capital Territory and also in a number of island countries in the South Pacific.

Our property law division has experience in complex property transfers such as subdivisions, old system, qualified and company law as well as transfers of real estate with the transfer of business assets.

We act for vendor or purchaser and our advice includes the following;

  • All forms of purchase and sale of real estate including strata title
  • All mortgages for real property and chattles
  • Advice on easements, covenants and other encumbrances
  • Commercial industrial, retail and domestic leases
  • Developments
  • Strata title disputes
  • Purchase and sale of business including shares in the business
  • Purchase, sale or leasing of plant and equipment
  • Land and Environment Court appeals
  • Foreign Investment Review Board applications
  • Stamp duty
  • Partitions of property
 Return to Top

SPORTS LAW

Sport is now a business. Professionals and amateur sporting events now involve more complex commercial arrangements and liability which require legal advice.

Individual sports people neet to focus on their goals and need legal advice to ensure they maximise their potential and wealth creation.

We can advise on the following;

  • Incorporation of clubs including the drafting of the rules
  • Insurance for the running of activities and its committee members/directors. This includes public liability, professional indemnity, defamation - partucularly for club publications. We can advise on insurance funds for areas of sport to assist in premium reduction
  • The legal issues as to the running of clubs including corporate governance issues
  • Disciplinary issues, the drafting of rules, setting up disciplinary tribunals, advising as to their use and for participants who appear before the tribunal
  • Non selection for teams and representation at tribunals as well as the running of tribunals
  • Contractual and property negotiations on behalf of clients and clubs
  • Defence of clubs and voluntary organisations in disputes and litigation
  • Advertising and sponsorship
  • Risk management and compliance with insurance underwriters guides for reduction and management of risk
  • Memership disputes
  • Taxation and finance
  • Defamation
  • Event Management
  • Employment law for employees and volunteers
  • Contract negotiation
  • Marketing
  • Running of events and competitions

Also see Equestrian

 Return to Top

SUCCESSION, WILLS AND PROBATE

The Koffels Wills, Probate and Succession team possesses significant experience in this area and is able to provide advice on the creation of wills, property transfers, estate plans, asset collections and the continuing administration and execution of will intentions. We also adavise on tax implications in relation to wills and probate.

There are two principal catagories of valid wills that Koffels are able to aid in preparing. A standard will provides for the granting of a person's assets, after death, to his/her spose and children. A non-standard will is more dynamic and allows for customisation where more complicated family and financial circumstances, such as de facto relationships, exist. This type of will is likely to be costlier to prepare than a standard will.

Subsequent to the creation of a will, Koffels is able to advise on various related aspects of the will's administration and execution. We have in recent years provided advice to testators, benefactors and executors alike.

Koffels also is in the position to advise on more litigious matters relating to the contest of wills, in particular where issues of ambiguity and a testators lack of capacity have given rise to a potential claim. The firm has acheived encouraging levels of success to this end.

Consistent with Koffels' approach to all areas of its operations, the aim of the Wills, Probate and Succession team is always to provide clients with innovative yet cost-effective advice.

Areas of special interest are;

  • Business succession planning where considering the client's business structure
  • Estate planning which is more than just Wills and Powers of Attorney such as consideration of guardianship, testementary trusts, consideration of Capital Gains tax and stamp duty, structures to maximise Social Service benefits and provide income splitting.
  • Binding nominations specifying beneficiaries entitled to the proceeds of a superannuation fund on death.
  • Risk Management and asset protection designed to avert the impact of divorce, bankruptcy and death on a client's estate
  • Nomination of an appointer of a family trust to take effect on the testators death.

 Return to Top

TAXATION - GOODS AND SERVICES TAX

We provide a wide range of advice on tax issues relevant to personal and business needs including Goods & Services Tax (GST).

Our advice covers;

  • Income and Capital Gains tax
  • Sale of business
  • Joint ventures and property developments
  • Partnerships and trusts
  • Private rulings
  • International tax both inward and outward investments
  • Business succession and retirment plans
  • Liquidation
  • Stamp duty and Land tax
  • Goods and Services tax

We are a member of Lawyers Associated Worldwide (LAW). Our membership facilitates transaction in and out of Australia.

We are also involved in tax related litigation and mediation with the Australian Taxation Office including tax appeals in all jursidictions.


©Koffels Pty Limited, 2001. All rights reserved.
Please read our Disclaimer, Privacy Policy and Terms of Use

Email the Webmaster with any problems related to this page.
Last Updated Wednesday 16 August 2006