COMMERCIAL

We build strong long standing relationships with our clients and work collaboratively with them to ensure they have the most comprehensive support and advice in their commercial matters.

Our experienced team assist in a variety of commercial matters including:

  • Business Structuring
  • Trusts
  • Purchase/supply contracts (goods and/or services)
  • General commercial contract drafting, advice and negotiation
  • Acquisitions and disposals of assets (going concern businesses, plant and equipment, shares, units and real property)
  • Finance and security documentation
  • Competition law
  • Franchising
  • Liquor Licensing including new applications, transfers/variations, compliance issues
Testimonials
“Everyone I have dealt with, from reception through to the different solicitors from various departments have been extremely personable and professional. Work has always been completed in a very timely manner and communication has always been made very easy. I have gained a lot of useful new knowledge in areas which had been previously foreign to me as the solicitors have been happy to answer any and all questions I’ve asked on any subject. This newly acquired knowledge has already been pivotal for my success in other business interactions.“
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Drew Duggan
Director WellFit Personal Training
OUR COMMERCIAL TEAM
Tim Osborn
Solicitor Director
Commercial & Corporate

Tim Osborn holds a Bachelor of Laws and Bachelor of Business from the University of Newcastle and has been qualified as a solicitor since 2004.

Tim was previously employed as Associate in charge of the business and corporate team at a large Newcastle law firm where he concentrated on commercial transaction work and commercial litigation before founding Osborn Law in January 2011.

Tim regularly advises clients and their financial and accounting advisors on:

  • All manner of supply/procurement contracts in the building, mining and hospitality sectors
  • Software and other Intellectual Property and asset licensing
  • mergers, acquisitions and disposals
  • Corporations Act issues
  • Business and asset structuring (including asset protection)
  • Distribution and agency arrangements
  • Franchising
  • Commercial property
  • Commercial and residential lending (and security)

He further assists clients in making certain they have adequate tools in place to ensure their dealings with customers and suppliers do not expose them to undue business risk. This includes advising on and preparing credit application forms, general terms of trade, director’s guarantees and providing advice on general commercial debt recovery methods.

Tim prides himself on providing accurate, relevant, timely, and above all, practical advice to his clients.

Tim is an Honorary Commander in the Hunter Defence Support Network (HDSN) which was formed in 2015 as a single-purpose community support and advocacy group focused on improving the lifestyle of Australian Defence Force (ADF) members and their families whilst posted to the Hunter Region.

He is a member of the Camp Quality Newcastle MotoCyc committee responsible for organising the annual fundraiser motorbike ride through country NSW combining his passion for motorbike riding and supporting great local charities.

Tim is also a former Director on the Board of NUSport (2008-2018), an incorporated body of the University of Newcastle which is responsible for the development of sport and fitness through services, facilities and activities, along with being a member of their Finance and Infrastructure Committees.

When not in the office, Tim loves spending time with his family, being outside and being active. Tim is a keen dirt bike rider and four wheel driver, and enjoys the bush and camping.

Marissa Dimarco
Solicitor Director
Commercial, Property and Litigation

Marissa has over 18 years’ experience working in the legal profession practicing primarily in commercial and corporate law and property law. She joined Osborn Law in November 2015 after spending 6 years as Partner in a National Law firm running a Corporate/Commercial and Property Law practice in their Newcastle office.

Marissa has worked with a number of clients across many specialised industries including construction, mining and manufacturing. Marissa regularly acts for a number of mining support businesses.

She regularly advises her clients in relation to the following:

  • Preparation of commercial agreements in relation to operational aspects of mining including mining infrastructure, rail access agreements, new project approvals, land acquisition and access agreements with landowners for access to land for mining.
  • Corporate Governance
  • Supply Agreements
  • Business Sales and Share Sale Agreements
  • Mergers & Acquisitions
  • Business structuring
  • Subcontracts Agreements including back to back agreements reflecting provisions of head contracts
  • Water trading under the Water Management Act 2000 and Water Act 1912.
  • Advice re amendments to general contract conditions and Australian Standards
  • Tendering
  • Distribution and agency arrangements
  • Commercial property and general asset leasing including retail leasing
  • Land subdivisions, strata developments, community title developments
  • Easements and compulsory land acquisitions
  • Aged Care/Retirement Villages advice

Marissa also has expertise working for a number of not for profit and charity organisations in relation to their corporate and commercial and property law requirements.

In addition, Marissa has extensive litigation and dispute resolution experience appearing in all court jurisdictions including the High Court of Australia. She has also appeared in a number of tribunals such as the Consumer, Trader & Tenancy Tribunal.

This diverse legal experience in niche areas of law allows Marissa to provide practical commercial solutions to complex legal problems. She prides herself on understanding her client’s business and working with her clients to achieve the desired outcomes for each project.

Marissa is a Notary Public and a former Director on the Harness Racing NSW board which is the body that conducts the commercial and regulatory functions of the harness racing industry in NSW.

Marissa was previously on the advisory board of Hunter Export Centre and was the winner of the 2009 Hunter Business Chamber’s ‘Young Achiever of the Year Award’.

Laura Bennett
Senior Associate
Commercial & Property

Laura Bennett has more than 14 years of experience in the legal profession. Following her completion of a Bachelor of Laws at Newcastle University she took up a full time paralegal position before being admitted as a solicitor in 2008.

She has particular expertise in commercial contract negotiations and drafting. She has an exceptional set of drafting skills and a “can do” approach to client service.

Laura’s experience in commercial and property law includes:

  •  Drafting and advising on supply agreements and other service contracts
  •  Drafting trading terms
  •  Negotiating and drafting commercial and retail leases and licence agreements
  •  Drafting and advising on shareholder and unitholder agreements, share transactions and business sale and purchase agreements
  • Corporate structuring and mergers and acquisitions
  • Regularly running large commercial and residential land sale and purchase transactions
  • Residential and strata subdivisions and consolidations
  • Drafting and advising on loan, mortgage and other security and guarantee documents
  • Advising on limited recourse borrowing arrangements and bare trust acquisitions and roll overs
George Maggiotto
Special Counsel
Commercial and Estate planning

George has 20 years’ experience working in the legal profession. Prior to joining Osborn Law George was a partner for 12 years at a medium size suburban practice supervising the commercial, property, estate planning and deceased estates departments in the practice.

George’s areas of practice include:

  • Property law
  • Commercial law
  • Estate planning
  • Deceased estates and family provision claims Shareholder agreements Business and share sale transactions Trusts.

George’s aim is to provide legal advice to clients that will meet the client’s expectations and outcomes by collaborating with the client through the legal process.

When not at work George enjoys spending time with his family, watching as much sport as he can and fishing with his mates.

Lana Black
Solicitor
Commercial and Estate Planning

Lana completed a Bachelor of Law and Bachelor of Commerce at the University of Newcastle prior to being admitted as a solicitor in 2013.

She has over seven years’ experience in the legal profession practicing primarily in the areas of estate planning and deceased estates, along with property and commercial law.

Lana’s focus is primarily in estate planning, with experience in advising clients in relation to:

  • wills (including asset protection, testamentary trusts, superannuation wills proceeds trusts and family provision claims);
  • powers of attorney (for both individuals and corporations);
  • appointments of enduring guardian;
  • superannuation; and
  • integration of existing trust structures with their estate planning objectives.

She also has extensive experience in the administration of deceased estates, including advising both executors and beneficiaries in a wide variety of estate matters such as family provision claims; questions of capacity; questions of informal wills; taxation; duties and responsibilities of executors/administrators; and general administration of estates.

Stemming from her background in wills and estates, Lana is responsible for dealing with the establishment, amendment and vesting of trusts for Osborn Law clients. Lana is also experienced in advising clients in relation to associated asset protection and structuring and works closely with our commercial team when looking at clients’ commercial structuring arrangements.

Lana is particularly passionate about estate planning and is currently undertaking a Masters in Wills and Estates.

Lana’s property and commercial law experience complements her skills in estate planning and means that she has a well-rounded, practical approach in advising commercial clients.

When not in the office, Lana enjoys catching up with family and friends (particularly by a camp fire) and running around after her children.

Sarah Hovanyecz
Solicitor
Commercial and Corporate

Sarah Hovanyecz was admitted as a solicitor of the Supreme Court in 2015 following her completion of a Bachelor of Laws at the University of Wollongong in 2014 and a Graduate Diploma of Legal Practice in 2015.

Sarah has more than 5 years’ legal experience including 1 year as Solicitor in a boutique Sydney firm prior to moving to Newcastle in 2015 where she continued to practice as a solicitor for 3 years in a medium sized firm before joining Osborn Law.

She regularly assists clients in commercial and corporate law matters including:

  • commercial and retail leasing;
  • drafting and advising on licence agreements, supply agreements, terms of trade and other commercial agreements;
  • drafting and advising on franchise agreements;
  • business sale and purchase transactions

She has further assisted clients with general litigation and employment law matters including drafting and advising on employment contracts and acting for both employers and employees in Fair Work Commission proceedings.

 Sarah prides herself on exceeding client expectations and enjoys a good challenge and solving problems.

When not in the office Sarah enjoys listening to country music and has a passion for animals, particularly dogs, having been a volunteer of Dog Rescue Newcastle since 2017.

Morgan Cherry
Solicitor
Commercial

Morgan was born and raised in Newcastle and holds a Bachelor of Laws (Hons Class I) and a Bachelor of Arts (Politics and International Relations) from the University of Newcastle. Admitted as a solicitor in 2017, Morgan gained experience in a range of private practice roles during his studies, including a clerkship in Jakarta at one of Indonesia’s leading corporate and commercial law firms.

Morgan’s expertise includes:

  • drafting, advising and negotiating a range of commercial agreements across a broad spectrum of industries, including mining and commodities, energy, hotels and hospitality, financial services, engineering, manufacturing, construction, banking, transport and logistics, education, technology, IT, media, life sciences, retail and telecommunications
  • business and personal structuring
  • acquisitions and disposals of land (retail, office buildings, agricultural properties, shopping centres and hotels), infrastructure and entities in multiple Australian jurisdictions
  • water trading under the Water Management Act 2000 and Water Act 1912
  • leasing for both landlords and tenants of commercial, retail, industrial and hotel premises in multiple Australian jurisdictions
  • property projects including land subdivisions, strata and community title developments and developments under the Residential (Land Lease) Communities Act 2013

Morgan also has a particular interest in working for a number of not for profit and charitable organisations in relation to their commercial and property law requirements as well as providing advice on corporate governance and ACNC compliance.

Morgan prides himself on his personable nature and commercial approach and uses his range of experience to assist clients in all aspects of their development, whether in initial structuring, growth, contracting or exit.

When not in the office, Morgan enjoys keeping fit, travelling and exploring Newcastle with his family and friends.