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Justice Murphy has clarified that the decision in Money Max was specific to the facts of that case, and not intended to establish broad principles that would apply to all cases in which a common...
One of the most important mechanisms in a contract for allocating risk is the ability to exclude “indirect” and “consequential” loss using exclusion clauses. It is typically on a party’s list of...
The amendments to the Corporations Act1 to broaden the ‘safe harbours’ for directors on an insolvency were passed by Parliament on 12 September 20172 and are awaiting a date for commencement.
On 12 September 2017, some of the most significant reforms of Australia’s corporate insolvency laws in recent years were passed by both Houses of the Australian Federal Parliament. These reforms...
In 2016, the Australian Federal Government, following the Foreign Investment Review Board (FIRB) approval process, rejected the bids for proposed partial sale of the New South Wales state owned...
Amendments to the Fair Work Act 2009 will increase penalties available for breaches of workplace laws, and aim to strengthen the powers of the Fair Work Ombudsman.
A recent appeal judgment has confirmed the validity of ‘holding’ deeds of company arrangement, or ‘Holding DOCAs’ under the Corporations Act .
It is opportune to review the reforms and consider their implications for corporate transactional activity in the media sector.
The target is within sight for the draft Corporate Collective Investment Vehicle (CCIV) legislation to be finalised.
The various decisions handed down in this litigation (from Courts of all levels) confirm the conventional position in Australia in relation to unconditional guarantees.
Pre-emptive rights have the potential to complicate the sale process of a property. If a property owner agrees to grant a pre-emptive right to another party, it should be mindful of how this may...
On 4 August 2017, the Chairman of the ACCC, Mr Rod Sims, confirmed a major shift in ACCC policy towards “more intensive information-gathering” when it is reviewing contentious merger proposals. As...
noun – quickness of perception; keen insight. A range of legal issues relevant to corporate counsel and senior executives, written by our senior practitioners.
With shifts in international politics and sentiment, it is timely to revisit the current status of the Trans-Pacific Partnership Agreement (TPP) and the China-Australia Free Trade Agreement (ChAFTA...
Two recent cases have provided valuable guidance on the enforceability of restraint of trade obligations against former employees in contracts for the sale of a business. The cases make it clear...
There are a number of associated issues and uncertainties regarding a new exemption certificate for business acquisitions by foreign investors (Business EC).
As announced in the 2017/18 Federal Budget, a number of changes to Australia’s foreign investment regime came into force on 1 July 2017.
Members of the Senate have temporarily put aside considerations of postal votes, plebiscites and dual citizens to approve the safe harbour and related laws.
Compliance with competition laws has never before been so important.
JWS has successfully encouraged a Court decision to strike a balance between a legislative intention and an overall objective to maximise the return for creditors and any return to shareholders.
As DOCAs and deed administrators cannot otherwise amend the constitution of a company, there is potential for overreach when it comes to the power and utility of DOCAs.
There have been a number of significant developments in the Dispute Resolution team.
The Full Bench of the Fair Work Commission recently determined to make a number of amendments to modern awards relating to casual and part-time employees.
The Federal Court has released its judgment in favour of Brickworks Limited and Washington H. Soul Pattinson and Company Limited, in its proceedings with Perpetual.1