Commercial & Corporate
The Northern Territory is a unique jurisdiction, with often extraordinary challenges commonly placed before business people including remoteness, lack of infrastructure, language and cultural differences, and complex dealings with government, regulators, land councils and traditional owners. Bowden McCormack understands these challenges and provides tailored and pertinent advice with respect to mining and resource matters, business structuring, contracts, compliance and stamp duty.
Practice Areas
Mining and resources
The Northern Territory is a unique jurisdiction for explorers, miners and resource developers alike, with often extraordinary challenges commonly placed in the way of the proponent of a mining or resource development project.
Any mining or resource proposal or project will involve complex dealings with government, regulators, land councils and traditional owners. The remoteness of the Northern Territory and its lack of infrastructure compounds the challenges faced by a serious proponents of a project, big or small. Many companies and individuals quickly find that the Northern Territory is a place where time and money can be expended at an incredible rate for little tangible return.
Bowden McCormack has experience at all these levels and can assist and guide mining and resource companies through the various processes – from lodging an application for exploration, then establishing a base camp at a local community, and finally to negotiating a mining agreement.
We have been involved in most of the largest projects in the Northern Territory, including ENI's Wadeye to Darwin gas pipeline and Rio Tinto Alcan's Gove bauxite and alumina mine, advising across the range of issues involved with such projects. However, we also advise and assist companies with green-fields or start-up projects that simply need the best advice to ensure they receive value for money for their exploration dollar.
We also regularly advise clients who are impacted upon by development proposals, or current projects, who wish their rights to be respected, their voices to be heard or, more commonly, insist that opportunity be provided so that they can be involved and benefit from a project which may become the lifeblood of a community, town or region.
The larger Darwin firms offer a different service from ours. We understand this industry from all angles and our service is hands-on, addresses a company's or individual's needs and genuine priorities and is focused on the provision of advice with a long-term relationship in mind.
Contact: Sean BowdenBusiness structuring – companies, trusts, joint ventures and partnerships
Bowden McCormack assists a wide variety of clients including small businesses, families, high-net-worth individuals and Indigenous groups to establish required structures relevant to their circumstances. Such work includes the formation of companies, developing shareholder agreements and advising upon the use of corporate trustees.
Contact: Dominic McCormackBusiness and Share Transfers
Bowden McCormack is able to provide legal advice and administrative assistance upon:
- Drafting or review of transfer of share contracts
- Drafting or review of transfer of business agreements
- Conduct of due-diligence enquiries
- Related licensing requirements and applications
- All requirements of the Australian Securities and Investments Commission (ASIC)
Contracts and arrangements
Bowden McCormack offers expertise with respect to the negotiation of various transactions and the subsequent drafting of a variety of related agreements. In addition, the firm combines this with an in-depth knowledge of the Northern Territory, its peoples and its commercial markets.
Contact: Sean Bowden, Dominic McCormack
Governance and compliance
Bowden McCormack regularly provides a variety of advice to individual members of both boards and committees, and to the boards and committees as a whole, of public and private companies. Such advice may be with respect to process, corporate governance or directors' duties, and may be pursuant to the Corporations Act 2001 (Cth), the Corporations (Aboriginal and Torres Strait Islander) Act 2009 (Cth) or the Associations Act (NT). Importantly, Our Team offers strategic and tactical advice at CEO or board level in relation to major issues or transactions the subject of consideration.
Contact: Sean Bowden, Dominic McCormack
Stamp Duty & Payroll Tax
Bowden McCormack provides specific advice on stamp duty and payroll tax issues, including document preparation and the provision of practical solutions. The firm has been successful in:
- securing stamp duty exemptions for the transition of assets from Shire Councils to community-based corporations and corporate reconstruction
- obtaining pay-roll tax refunds
- preparing objections to stamp duty assessments
Contact: Dominic McCormack