INDIGENOUS LAW

Native Title and Heritage

We provide advice and representation in relation to:

  • Native Title claims;
  • heritage issues under State and Commonwealth legislation;
  • the negotiation of Indigenous Land Use Agreements (ILUAs) and Future Act agreements;
  • National Native Title Tribunal proceedings, determinations and appeals;
  • Warden’s Court proceedings;
  • environmental assessment and approval processes under State and Commonwealth legislation.

Our approach is always outcome driven.  We have extensive experience with a full range of Native Title, Future Act and heritage matters.

Our clients include Indigenous groups, mining, pastoral, tourism and conservation interests.  We aim to provide sound practical and cost effective advice and representation.

 

Native Title Prescribed Body Corporates

Roe Legal Services offers a full range of legal services to Native Title Prescribed Bodies Corporate (PBCs) including in relation to:

  • Future Act management;
  • enforcement and management of Native Title rights;
  • contract management and compliance (including Indigenous Land Use Agreements);
  • debt recovery;
  • research agreements and intellectual property rights;
  • national parks;
  • carbon credits;
  • alternative land tenures and land acquisitions;
  • compensation claims;
  • enforcement and review of agreements (including Indigenous Land Use Agreements);
  • governance and compliance advice including, in relation to, Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth);
  • trustee and other service agreements;
  • company secretariat function, including maintenance of registers and statutory filings;
  • formulation and drafting of policies, procedures and administrative practices;
  • company/business constituent documents including shareholder agreements and trust deeds.

Roe Legal Services works with clients to enhance their capacity to perform their core functions in an efficient and cost effective manner.

 

Indigenous Trusts and Corporations 

Roe Legal Services provides corporate, trust and governance advice to Indigenous trusts and corporations including:

  • preparing and advising on trust deeds and variations;
  • applying for Court directions under the Trustees Act 1962 (WA);
  • advice on Australian Charities and Not-for-profits Commission Act 2012 (Cth) and Charities Act 2013 (Cth);
  • advice on governance and self-determination issues.

INSOLVENCY / RESTRUCTURING & TURNAROUND

Restructuring and Insolvency 

We provide advice to insolvency practitioners, creditors, directors, company officers, corporations and individuals on formal insolvency appointments and business recovery and reconstruction strategies.

Our approach is always outcome driven.  We offer a full range of services for all aspects of insolvency, restructuring and turnaround matters.  We have extensive experience with the full range of external administration, personal insolvency and bankruptcy appointments.

 

Liquidators, Receivers, Administrators, Controllers and Bankruptcy Trustees 

For insolvency practitioners we assist with:

  • asset realisation and recovery;
  • insolvent trading and voidable transaction claims;
  • appointment and termination issues;
  • remuneration, cost, expenses and charges recovery and protection;
  • restructuring;
  • priority issues;
  • competing and conflicting administration, receiverships, liquidators;
  • preparation of Deed of Company Arrangements (DoCAs); and Personal Insolvency Agreements (PIAs);
  • Personal Property Security Register (PPSR) issues;
  • funding;
  • schemes of arrangement;
  • examinations.

Our clients include many of Perth’s most respected insolvency practitioners.  We aim to provide prompt commercially focused advice while remaining at all times personally accessible.

We have provided advice and representation in many complex external administrations across all industries.  This has included specialised advice in relation to the Bell litigation and recovery; and asset realisation claims and actions in relation to Great Southern Finance and Geneva Finance.  In addition, on a daily basis, we assist insolvency practitioners with the many and numerous issues that exist with the management of corporate and personal insolvencies.

 

Companies, Officers, Shareholders and Individuals

For those addressing or dealing with insolvency related issues or with recovery from insolvent entities and persons we assist with:

  • debtor and asset recovery and protection;
  • restructuring and turnaround;
  • securitisation and Personal Property Security Register (PPSR) issues;
  • defending and settling claims from insolvency practitioners;
  • asset protection and business structuring;
  • Australian Taxation Office (ATO) negotiations, forbearance, payment plans, remission of General Interest Charge (GIC) and penalties;
  • Financial Ombudsman Service (FOS) and hardship applications;
  • Personal Insolvency Agreements (PIAs) and debt agreements;
  • asset and business sales;
  • shareholder and management disputations;
  • oppression claims;
  • argued wind-up and bankruptcy proceedings.

Our clients include high net-worth individuals, Small and Medium-sized Enterprises (SMEs) and their associated officers, shareholders and related parties.  We aim to assist in the prompt recovery of debt for creditors.  For those facing insolvency scenarios, we aim for sound practical and commercial advice.

We have provided advice and representation in a diverse range of matters over the course of an extensive period of practice.

This includes advice and representation for individuals concerning shareholder disputation, oppression and just and equitable wind-ups in relation to the hospitality, mining, construction, health, agriculture and property businesses.

DISPUTE RESOLUTION & LITIGATION

Roe Legal Services provides advocacy, representation and advice in relation to all aspects of litigation and dispute resolution.

Our approach to litigation is always commercially driven.  We always provide a hands-on personal service.  You will have ready and easy access to the principals and solicitors acting on your matter at all times.

We act in all jurisdictions and utilise the expertise of our practitioners as well as that of the external Bar where appropriate.

We have acted and assisted in joint venture disputations in relation to a Bass Strait pipeline venture.  We act for a high net-worth individual in disputation over a large family asset base.

We have acted in relation to shareholder disputation in relation to large property developments.

We have acted in relation to guarantee and loan liability litigation in numerous matters, always achieving the last possible commercial outcome.

We have extensive debt collection and asset recovery experience.

We are able to, and do, provide representation in relation to all areas of commercial civil litigation disputation.  We do so with a personal and outcome driven approach.

PROPERTY LAW

Roe Legal Services principally acts for clients in both general and complex commercial property transactions and provides legal services of a high standard, with timely advice based on a close working relationship with our clients developed by a small and responsive team.

Our approach to providing commercial property law services is to be pragmatic and commercially driven whilst maintaining a keen focus on the relevant legal issues.  We are responsive to client needs and aim to provide value for money through fair, transparent and flexible fee arrangements.

We provide a full range of legal services and advice for:

  • landlord’s and tenant’s in commercial leasing including the preparation and negotiation or review of leases for office, industrial, and retail properties, including telecommunications leases;
  • due diligence enquiries and reports;
  • sale and purchase contract preparation and review for office, retail, industrial and farm properties, including for off the plan sales;
  • mortgagee and receiver sales;
  • developments and broad acre subdivisions and the preparation of associated documents including easements and restrictive covenants;
  • land access arrangements;
  • review and negotiation of development agreements and construction contracts;
  • property joint ventures including the preparation of joint venture development agreements and joint ownership agreements;
  • land tax advice;
  • land compensation claims and advice;
  • negotiation, dispute resolution and litigation support for property transactions;
  • general conveyancing support;
  • share-farming arrangements and farm leases;
  • hotel and resort management agreements.

We are well placed to meet the legal needs of our diverse range of commercial property clients who include high net-worth individuals, Native Title Prescribed Bodies Corporate (PBCs), small businesses, large scale commercial and industrial property owners, infrastructure developers, listed companies and overseas corporations.

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