Benny has over 10 years experience as a commercial lawyer since completing his Bachelor of Law and Bachelor of Commerce degrees at the University of Melbourne in 1994. He joined Schetzer Brott & Appel as an Associate in 2004 after practising in a number of major law firms, including the legal division of a "Big Four" accounting firm.
Benny practices in the areas of corporate and commercial law, and provides advice to listed corporations, unlisted public and private companies, as well as non-profit organisations on contractual matters, business structures, corporations law matters (including compliance with the Corporations Act and the ASX Listing Rules), purchase and sale of businesses and assets, corporate reconstructions, trusts and trade practices matters.
Apart from the above core practice areas, Benny also has extensive experience in advising Australian clients on doing business in Asia (especially the Greater China region). He has represented Australian and other international clients in numerous contractual negotiations with Chinese government agencies and business enterprises involving projects of various sizes in China. Benny has previously worked in Hong Kong and Shanghai, and is fluent in both spoken and written Chinese (Mandarin and Cantonese dialects).
Expertise
Corporate law advice - statutory and regulatory compliance, business structures and corporate reconstructions, corporate fundraising, foreign investment policy, corporate governance and secretarial issues.
Commercial law advice - sale and purchase of businesses and assets, drafting and negotiating various types of commercial contracts, international trade and commerce, partnerships and joint ventures, trade practices.
Corporate Law
Advised some of the largest multi-national pharmaceutical and bioscience companies on the Australian legal aspects international corporate restructures.
Advised on the corporate restructures of a number of large Australian travel companies.
Advised a number of mining and industrial companies on various mergers and acquisitions transactions, employee incentive schemes, corporate reconstructions and other corporate and ASX Listing Rule compliance matters.
Advised an Australian IT company on its fundraising proposal including the preparation of disclosure documents and other Corporations Act requirements.
Advised a number of large foreign corporations on Australian foreign investment policy issues and prepared applications to the Foreign Investment Review Board for approval.
Advised various Australian and international clients on corporate reorganisations involving capital reductions, share issues and buy-backs, corporate re-financing.
Advised a major US corporation on the implementation of its global employee share scheme in Australia.
Preparation of various corporate legal documentation such as directors minutes and resolutions, notices and minutes of company general meetings, explanatory memoranda for specific purposes, ASIC and ASX forms.
Advised clients (including a number of non-profit organisations) on compliance with corporate and other related legislation and regulations.
Commercial Law
Advised the Australian subsidiary of a large foreign aviation and defence company on its tenders for major aviation infrastructure projects in China, and on subsequent contract negotiations with the Chinese Government. Travelled to China on numerous occasions.
Advised a major Australian defence corporation on a large international tender and subsequent contract preparation.
Advised a number of mining and industrial companies on various commercial contracts.
Advised a large Norwegian shipping company on the acquisition of a substantial shipping business in Australia and related corporate legal issues.
Advised a large Dutch technology company on the acquisition of an Australian technology company.
Advised the independent referee on significant legal issues concerning a dispute between the parties to the sale of a major power company.
Advised the Australian subsidiary of a large foreign transport corporation on the sale of its stake in a Victorian public transport operation.
Provided legal due diligence advice to various Australian and foreign corporations on the acquisitions of their Australian subsidiaries.
Advised various Australian tertiary institutions in the establishment of educational joint ventures in China.
Advised a Victorian tertiary institution on catering contracts for its various campuses.
Advised a Victorian friendly society on the transfers of interstate businesses and related issues.
Advised a private IT company on its acquisition by a publicly listed corporation.
Advised various foreign enterprises on the establishment of businesses (companies and joint ventures) in Australia.
Advised clients on various domestic and international commercial transactions including contracts for the sale and purchase of goods and services, joint venture contracts, partnership agreements, sale of business agreements, loan and security documents, sponsorship agreements, management agreements, agency agreements, distribution agreements, business succession agreements and confidentiality agreements.
Advised clients on executive employment agreements and related issues.
