The Merton Monthly: June
Last month, we were pleased to welcome three new members to the Merton team. We also visited the US and celebrated our Managing Partner, Anthony Curtin, who was named a finalist in two categories for the 2024 Lawyers Weekly Partner of the Year Awards.
L-R: Maria Menelaou, Patrick Prowse, Chris Kounelis
Last month, we were pleased to welcome three new members to the Merton team. Chris Kounelis has joined the Merton Lawyers team as a Law Graduate after completing his Bachelor of Laws (Honours) at Monash University and Bachelor of Arts at the University of Melbourne. He is an energetic and enthusiastic addition to the Litigation department, eager to provide exceptional service to our valued clients.
Patrick Prowse has also joined Merton Lawyers as a paralegal, assisting the litigation division. Patrick is currently studying for a Bachelor of Law and a Bachelor of Philosophy, Politics, and Economics at Monash University. Maria Menelaou has joined Merton Lawyers as a conveyancer in the property division. With over 11 years of experience in the field and having completed a diploma in Conveyancing, Maria brings a wealth of valuable knowledge to the team.
We are pleased to announce the exciting news that Anthony Curtin, our Managing Partner, has been selected as a finalist for the 2024 Lawyers Weekly Partner of the Year Awards in two categories: Corporate Partner of the Year and Innovator of the Year.
Congratulations Anthony for your outstanding achievements and dedication to our firm.
Sunrise Australia
Last month, Alexia Copley and Isaac Hanna jetted off from sunny Melbourne to be greeted by the rain in Sydney for Blackbird's Sunrise Festival 2024.
There were some interesting talks to be heard. They particularly enjoyed Joe Brumm's talk on the secrets to Bluey's success, Lucy Turnbull's discussion with Joe Walker on housing abundance and how this shapes (or supercharges) the Australian startup ecosystem and Adam Gilmour's presentation and discussion about launching Australia to space and the process of building a commercial space program in Australia. Some panel discussions, debates, and professional development talks were also highly insightful.
Isaac and Alexia were thrilled to engage with numerous founders and investors from burgeoning growth companies across Australia. The prevailing optimism about the future and the potential of the ecosystem was palpable, leaving them with a renewed sense of hope and excitement.
Merton Lawyers x Global Victoria Geelong and Surf Coast tour
In April, Merton Lawyers took Brian Carnahan, Adrian Persi and Pablo Schatz from the US and Latin America offices of Global Victoria to the Geelong and Surf Coast regions.
The tour kicked off with breakfast and presentation from Nick Kaye and Andrew Middleton from the Wade Institute of Entrepreneurship outlining the great work they are doing to educate the next generation of investors.
We then explored some of the great iconic businesses like Ripcurl and Cotton On Group while learning more about the exciting visions of Carbon Nexus, Melbourne Avalon Airport and KPMG Australia .
The trip was finished off with a presentation by Brian and Pablo to the Geelong business community on how best to approach expansion to the US and Latin America.
A great few days with the Global Vic team. We also fit in an iconic Bunnings sausage when we were running out of time for lunch. Not much buffer.
A huge opportunity awaits (or has started) for founders and investors to establish their businesses out of Melbourne. With many of the established companies building a footprint, there’s also innovative people and ideas w infrastructure to support that makes.
Merton Lawyers x Acclime Workshop with Investment NSW Going Global USA Defence & Aerospace USA cohort: Setting up your business in the USA
As part of Investment NSW Going Global program, Merton Lawyers and Acclime presented to the recent USA Defence & Aerospace USA cohort about setting up your business in the USA. Key takeaways:
- Appoint the most appropriate US accounting and legal advisors asap.
- If raising money, start preparing your DD room now and get your pipeline of investors ready.
- Understand the state laws that apply and the legalities associated with each group. (employment law) - Timing of your flip up is important. Ensure you have an answer if an investor asks the question.
Merton Lawyers US trip
Merton Lawyers travel to the US in April and May to help continue to be a catalyst of growth for the Australian innovation ecosystem. See events and updates in next month’s journal.
Case Study: Roberts Construction Group Pty Ltd v Drummond Carpentry Services Pty Ltd [2024] VSC 246
In Roberts Construction Group Pty Ltd v Drummond Carpentry Services Pty Ltd [2024] VSC 246, Merton Lawyers’ building and construction division was recently successful in having an adjudication determination review application dismissed on behalf of a subcontractor client in the Supreme Court of Victoria.
Drummond Carpentry Services Pty Ltd (DCS), is a family run Victorian labour-hire company which supplied labour hire tradesmen and tradeswomen to a builder named Roberts Construction Group Pty Ltd (RCG) for a project in Ormond. On 8 June 2023 DCS served a final payment claim under the Building and Construction Industry Security of Payment Act 2002 (Vic) (BCISPA) in the sum of $199,905.75. Having only received limited email responses to the payment claim, DCS served a written 18(2) notice then applied for adjudication of its payment claim.
Case Study: Is it a Licence or a Lease?
The Litigation Team at Merton Lawyers recently acted for the Respondent in the Supreme Court of Appeal matter of Lanshan Pty Ltd (ACN 159 606 818) v F3 Enterprises Pty Ltd (ACN 163 104 578) [2024] VSCA 59. This proceeding was heard on appeal following our client’s success in the earlier County Court of Victoria Proceeding (also conducted by Merton Litigation Head Nick McKenzie-McHarg) Lanshan Pty Ltd v F3 Enterprises Pty Ltd [2022] VCC 1850.
The main issues in the case were:
Whether a document titled “Licence Agreement” (Agreement) was correctly construed by the trial judge as a lease; and
Whether the Agreement had been validly terminated by the Applicant.
The Agreement related to parking bays of a motel located on the Applicant’s land (Motel). The Motel sits adjacent to a restaurant and reception room owned by the Respondent (Restaurant). The prior owners of the Motel and Restaurant had entered into the Agreement to fulfill the requirements of a planning permit which allowed the Restaurant to operate in that capacity on the condition that the Restaurant owner enter into an Agreement with the Motel owner for the use of the parking bays for a period of 99 years.
VCs are banking on Canva staff cash, but they’re buying houses instead
📷: FR
A majority of Canva employees intend to use the proceeds from selling their shares in the design software company to invest in real estate, rather than reinvesting in the start-up industry. A survey of 119 current and former Canva employees on Blind, an anonymous discussion platform that requires a corporate email address for access, reveals that only 3% of those who sold shares this year have plans to start a new company.
Why we should celebrate the unsung heroes of the Aussie tech scene
📷: Nakita Pollock, FR
Australia has not always had a great start-up record. However, the tide is turning, and the number of start-ups has dramatically grown in the past few years and continues to do so.
What we’re listening to
This episode tells the story of Microsoft in its heyday, the PC Era. We cover its rise from a teenage dream to the most powerful business and technology force in history — the 20-year period from 1975 to 1995 that took Bill and Paul from the Lakeside high school computer room to launching Windows 95 alongside Jay Leno and the Rolling Stones. From BASIC to DOS, Windows, Office, Intel, IBM, Xerox PARC, Apple, Steve Jobs, Steve Ballmer… it’s all here, and it’s all amazing. Tune in and enjoy… Microsoft.
Upcoming*
Investment NSW - Going Global Biotechnology panel
Merton Lawyers, x15 and Silicon Valley Bank will present to Investment NSW biotechnology Going Global Program on expanding to the US and Raising Capital there.
