18 Feb Case Study – Joint Ventures
Partnerships and joint ventures can be great for your business, but they must be carefully considered from the beginning to cover all eventualities
A Joint Venture is actually like starting a whole new business and requires a large amount of thought into the process for what might happen if things don’t go exactly according to plan.
The following is a fictitious case study taken from an amalgamation of actual cases.
A Joint Venture is like starting a whole new business.
The problem:
John is a fairly new business owner. He has 2 businesses. One is taking off and the other it seems is about to as well. He has recently been in discussion with a business colleague who has a similar business but he is certified to do certain work which this colleague doesn’t, however what he doesn’t have is the physical equipment.
He has the jobs ready to go but needs the equipment to perform it.
It’s a perfect combination to undertake the business and he thinks that a Joint Venture is the way to go.
What he doesn’t know is that a Joint Venture is actually like starting a whole new business and which requires a large amount of thought into the process for what might happen if things don’t go according to plan.
How we helped:
Luckily, John recognised with our help that it would be best to try the business relationship first as an independent contractor for this project only as he was the one that won the work and this person would simply be supplying the machinery to deliver the project.
This way they could see how they could work together before “getting into bed together” so to speak and having a complicated structure put in place, only to realise that they would later have to dissolve and go through a lengthy process – potentially without agreement
This way they could part ways at any time if it didn’t work out – which as it turned out, was exactly what happened and they were lucky that they didn’t get into a complicated legally binding relationship that could not be easily severed. Phew, lucky!
Contact us today if you require any assistance with preparing or reviewing your Joint Venture Agreement.
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Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.