Falcon Legal Safe Custody Documents

Negotiating to restore shareholder relationships.

We assisted our client – a minority shareholder in two large Canberra-based private companies – to address concerns about management by the director/majority shareholder.

Work included advising the client in relation to options to plan for effective, smooth exit of both companies and future dispute resolution including valuation disputes.

Through negotiation and mediation the client secured agreement to a detailed buy-sell agreement included clauses aimed at addressing several known trigger points for friction in a fair and equitable manner, including a detailed pathway towards appointment of an alternate company accountant independent of the director/major shareholder.

Successfully defending a deed of company arrangement.

We assisted our client – a deed administrator – to defend the validity of a deed of company arrangement in the Federal Court of Australia.

The central issues were whether the administrator’s report was sufficiently detailed and whether the vote in favour of the deed was valid.

Work included preparation of a detailed affidavit by the deed administrator, justifying his report and recommendations, and an appearance at hearing as solicitor-advocate.

Forth v R Developments Pty Ltd (Subject to a Deed of Company Arrangement) [2019] FCA 1004 (2 July 2019)

Restructuring a group of private companies and exploiting valuable IP.

We assisted our client – director/shareholder of a group of health sciences with international reach – to restructure for tax effectiveness and to efficiently protect and exploit valuable IP.

Closely following professional tax advice, we developed a structure that was able to quarantine past trading risk, minimise future legal and financial risk and introduce overall administrative efficiency.

Our work also included transfer/assignment of valuable IP holdings and introducing streamlined licensing arrangements.

In a later engagement, we also assisted this client with pre-contractual due diligence in relation to an international goods and services supply contract worth approximately $50 million.

Insurance coverage advice and declinature risk protection.

We assisted our client – whose workers accidentally caused a bushfire leading to greater than $20 million damage – to make an insurance claim and protect against declinature risk.

Work included providing policy coverage advice, obtaining a solvency opinion, quickly effecting an appropriate, legal restructure (closely following professional external tax advice), and arranging to appoint an external administrator.

This work preserved and protected the business at the same time as it opened the door for direct access between those people affected by the fire and the relevant insurer.

Ritchie v Advanced Plumbing and Drains Pty Ltd [2019] NSWSC 1028 (16 August 2019)

Consistent corporate governance and succession planning.

We assisted our client – one of several investors in multiple private companies – to achieve consistent corporate governance and succession planning.

Work included preparation of a bespoke corporate constitution dealing with topics such as key decision-making by directors and members; good and bad leaver provisions; dispute resolution, including valuation disputes; and enforceable confidentiality and intellectual property protections.

Afterwards, we assisted client to develop related legal precedents to use for current and future investment rounds including resolutions and share offer letters.

We acknowledge the Ngunnawal people as traditional custodians of the Australian Capital Territory and pay our respects to their Elders past, present and emerging.

Canberra is our home. We love this place with its beautiful distinct seasons, varying landscapes, strong sense of community, bustling urban streets and wide, open space.

Canberra is also Ngunnawal country.

Over many thousands of years, the Ngunnawal people have developed culture and connection to their Country, becoming expert custodians with extraordinary knowledge of environmental care and balance.

We look forward to meaningful and genuine legal recognition of all First Nations People.

Want to learn more? Here is a short list of further resources:

A message from Namadgi Legal

Need Help?

Falcon Legal closed its office in Holt effective 1 August 2024 and we believe officially ceased to trade on 30 June 2025.

To minimise disruption and provide Falcon Legal’s current/former clients with a local collection point, Namadgi Legal stored some of Falcon Legal’s safe custody records free of charge from Friday, 2 August 2024 through Thursday, 15 August 2024 (inclusive).

We believe that the Falcon Legal safe custody cabinet held documents prepared for clients of three firms:

Falcon Legal
Concorde Legal
Jayson Hinder & Associates

Between 2 and 15 August 2024, Necia Wearne met with various current/former clients of Falcon Legal at our office (in Page) to return their documents to them.

Ms Wearne removed/collected all remaining safe custody records from our office on 15 August 2024 and, we understand, for some time continued to meet with current/former clients by appointment at a location in Fyshwick.

Our firm did not purchase or merge with Falcon Legal, Concorde Legal, or Jayson Hinder & Associates and we were never in possession of records other than the safe custody cabinet and its contents. We did not independently audit the contents of the cabinet, however Ms Wearne supplied us with a list of documents apparently stored.

Our understanding is that as of July 2025 the best point of contact is glenn@falconlegal.com.au or info@falconlegal.com.au.

We regret the inconvenience closure of Falcon Legal has caused to former clients, and apologise that communications were not better as to ongoing safe custody arrangements.

Falcon Legal, Concorde Legal, and Jayson Hinder & Associates Safe Custody

A message from Namadgi Legal