challenger advisory

Business & Organisational Planning

• Assist with start-up structuring, valuation and financing;

• Review of existing businesses operations and performance to assist with strategy and business planning;

• Implementation and assistance with corporatisation strategy to help transform good businesses into great businesses;

• Setting and monitoring of KPI’s and mid to long term strategy;

• Preparation and implementation of 3 way forecasting model to assist with monitoring performance:

• KPI’s;

• Banking covenants; and

• Benchmarking.

• Depending on strategy set:

• formulate and implementation of business improvement;

• business expansion, structure; and

• Succession planning strategy.

• Acquisition strategy – target identification, valuation, approach and due diligence;

• Succession planning strategy – valuation, strategy, approach and transaction management.

The setting and meeting of objectives is different for all businesses and thus defining precisely what we do, varies depending on those objectives.  In its simplest form we can help you:

• value your business;

• maximise the value of your business;

• grow your business,

• buy businesses; or

• sell your business.

Dispute Resolution & Advisory

Commercial disputes are rarely black and white, are often complex, and generally have a great deal at stake. Navigating the best pathway through them can be difficult, time consuming and – without wise counsel – unnecessarily expensive.

Our approach to disputes is pragmatic. We are interested in achieving the best practicable outcome for our clients, weighing up time, cost, reputational impacts, and other issues that will impact long term outcomes, including ability to conduct business. We provide cool, knowledgeable heads during what can be a stressful and confusing time.

Consequently, we avoid direct confrontation and seek negotiated outcomes wherever possible. We draw on a wide range of resolution methods, including mediation, expert determination and arbitration.

If litigation is unavoidable, however, we fight fiercely on your behalf.

Our clients come from multiple sectors and include high net worth individuals, privately owned businesses, public companies, multinational corporations, State and Federal government departments and government owned corporations.

We advise on a wide range of dispute-related issues such as insolvency, corporate compliance, shareholder issues, industry regulations, competition, taxation, trusts, property, business leases, insurance, intellectual property, white collar crime and administrative law.

Our expert team represent clients in overseas jurisdictions to resolve their cross-border claims and issues, and in Australia routinely appear in the Supreme and equivalent District Courts across Australia, Federal Court of Australia, Civil and Administrative Tribunals and other arbitral bodies.

We can help you:

• Map a clear pathway through complex commercial disputes, whether they are based wholly within Australia or involve other jurisdictions and cross-border claims.
• Apply alternative dispute resolution techniques that offer the best chance to settle a claim quickly, including domestic and international arbitration.
• Manage how contracts are performed so other parties keep their end of the bargain and your business’ risk tolerance is properly managed.
• Terminate contracts when needed or enforce a breach of contract where it's in your commercial interests, and defend a claim that you’re breaching a contract and help you avoid unfair or unreasonable terms of contracts. Manage claims based on false, misleading or deceptive conduct and misrepresentation, alone or in conjunction with a contract claim.
• Manage claims that a person or business has accessorial liability for someone else’s wrongful conduct, especially where directors’ duties have been breached.
• Enforce your property rights, such as rights of access and easements.
• Avoid or enforce mortgages or guarantees, maintain or remove caveats and manage conflicts in commercial and retail leases.
• Enforce intellectual property rights such as copyright, trademarks, designs and patents or defend a claim that you’re misusing someone else’s rights.
• Protect your confidential information, including client lists, company or trade secrets and enforce restraints and non-competition clauses.
• Manage reputational and defamation issues.
• Prepare for and appear at inquires and commissions.
• Navigate Shareholder and partnership disputes.
• Manage corporate governance issues and disputes that arise in this context.
• Understand how regulators – such as ATO, ASIC, ACCC, AUSTRAC and TGA – think and pursue issues, and help you navigate their actions and protect your interests.

Valuations

Expert witness reports for Court, Forensic reports for Court, Independent Expert Reports to support on market transactions, Indicative Valuation Reports and Valuation Reports to support the following:

• Acquisitions

• Sales

• Capital Gains Tax Purposes

• Company and matrimonial Disputes

• Stamp Duty purposes

• Intellectual Property rights

• Corporate Restructuring exercises

We have the capability to handle any type of valuation engagement from the valuation of a small family owned business to  ASX listed entity's.

Transaction Support Services

Comprehensive review and assurance engagements which support the basis upon which investment and funding decisions are based upon including:

• Vendor Due Diligence

• Acquisition Due Diligence

• M & A Due Diligence

• Preparation and review of financial forecasts and analysis

• Pre-lend reviews

M & A Transactions and Support

Detailed analysis and advice regarding transactions including :

• Sale of businesses

• Acquisition of businesses

• Target identification and approach

• M & A advisory – business combinations /mergers, deal structure, advice, and execution

IPO Services

IPO support services including:

Pre IPO

• conducting asset due-diligence on; Corporate registers, contracts & agreements, IP analysis, IT systems, employment, compliance & governance, leasing & property, litigation, licenses & permits, environmental

• developing & implementing pre-IPO corporate restructures & preparation

• development of corporate governance & disclosure compliance management programs

IPO Process

• detailed advice on; key ASIC admission criteria, due-diligence enquiries & process,

• developing and implementing ASIC & ASX compliance & disclosure programs

• prospectus preparation & verification, underwriting and offer management advice

• committee meeting programs

Our Value To You

• fixed price costing structures

• milestone payment programs

• flexible approach & application for clients individual requirements

A Bit More Detail

• Determine optimal offer structure – sell down and/or raise new capital?

• Institutional, broker firm, retail offers

• Identify offer jurisdictions

• Bookbuild, pricing and allocations

• Determine escrow requirements

• Establish appropriate Board and policies / risk management protocols

• Document access, insurance and indemnity arrangements (check IPO cover)

• ASX Corporate Governance Principles & Recommendations

• Adopt listed company constitution

• Identify necessary waivers

• Establish systems to enable compliance with financial reporting and disclosure obligations

• Develop strategic investor relations program

• Share registry

And plenty more......