Ken is an experienced corporate lawyer, with over 37 years experience (28 as a partner and senior partner) with pre-eminent global law firm, Baker McKenzie. Ken has served as a trusted adviser to leading multinationals, listed Australian companies, governments, government corporations and charities in the implementation of their most important strategic initiatives.
Ken has now established his own practice, offering three important services, built upon his broad and long experience:
Mediation
Ken mediates corporate, commercial and contract disputes, particularly those arising from:
corporate structures and governance arrangements
restructuring; partnerships, trusts, joint ventures and other corporate relationships
share, asset and business sales and purchases
stakeholder relationships equity, debt and financial arrangements
merger, outsourcing and other strategic initiatives
regulatory obligations and oversight.
Transaction Facilitation
Ken has led many negotiations over many years, and has observed and supported the decision-making of clients as they navigate complex transactions. Ken has seen the challenges that arise in transactions, not only from differing objectives but also from more subtle differences of experience, understanding, perspectives and outlook.
The same independent, neutral, facilitation skills that guide resolution of an existing dispute can be engaged to overcome implementation challenges and differences as to direction, whether as between parties to a transaction, or within an organisation contemplating a strategic move.*
Charities &
Not-for-Profits
Ken understands the different challenges facing not-for-profit entities, as compared to commercial parties, when it comes to critical strategic decisions, such as the decision to merge.
Ken offers a range of services to charities, government entities and other not-for-profits.
Ken provides legal advice as to establishment, structure, governance and merger.
Alternatively, Ken can provide a facilitation service to guide and enable decision-making by all parties involved in a strategic initiative.
In appropriate circumstances, these services can be combined to provide a complete strategic facilitation and legal advisory service for advancing a merger.
Mediation Focus, Approach and Background
Ken has guided clients through enough litigation over the years (including a documentary letter of credit dispute eventually resolved before the Privy Council) to know that imposed solutions are rarely the best, and to understand the value a neutral mediator can bring, especially when approaching the dispute with an understanding of the context and applicable law.
Ken brings to mediations a highly developed understanding of :
how and why complex corporate, commercial and contractual relationships are designed, built and maintained
the conditions required for success
how to navigate the inevitable challenges
how to preserve critical stakeholder engagement
Ken’s experience means that he quickly grasps the context and framework in which corporate, commercial and contractual disputes arise, and the legal environment in which they will be resolved.
Throughout his career, Ken has lead high-stakes negotiations in complex, often cross border and cross cultural, settings. Ken has a keen appreciation of the difference between negotiation and mediation, and recognises the critical value-add of mediation, when an experienced but neutral practitioner participates to help the parties find their own path to resolution, rather than having an outcome imposed upon them.
Ken’s mediation skills are not only available when disputes have arisen, but also when challenges in implementation or direction arise “at the front end” of a strategic initiative.
Ken has always been primarily a transactional lawyer.
Ken has lead many negotiations over many years, and has observed and supported the decision-making of clients as they navigate complex transactions. Ken has seen the challenges that arise in transactions, not only from differing objectives but also from more subtle differences of experience, understanding, perspectives and outlook.
Ken recognises that legal advisers to the parties are constrained, in their ability to truly facilitate problem solving, by their professional obligations to their particular client. Ken has observed and experienced these constraints personally.
Ken’s extensive experience in conducting complex commercial negotiations, and in advising boards, leads him to appreciate the benefits that can be derived from involving a neutral third party who has the background to understand the nature of the obstacles, and the skills to help the parties overcome their differences.
The same independent, neutral, facilitation skills that guide resolution of an existing dispute can be engaged to overcome implementation challenges and differences as to direction, whether as between parties to a transaction, or within an organisation contemplating a strategic move.
The mediation framework and approach, applied by a mediator who understands the dynamic of a complex negotiation and the legal framework, but who is truly independent of the parties, offers a way to achieve a breakthrough that the parties may not be able to achieve themselves.
Please see Ken's Blog for a discussion of why early mediation can get projects back on track more quickly
Not-for-Profit Transaction Facilitation
The not-for-profit sector was always an integral part of Ken’s legal practice, not an adjunct. Ken has significant experience in the establishment, merger and governance of charities, with a well developed understanding of the ACNC regulatory framework.
Advocating for disadvantaged clients was the rationale for the Peter MacCallum Cancer Patients Legal Clinic, established by Ken (with the Social Work Department of the Peter MacCallum Cancer Centre), for which Ken was awarded the Law Institute of Victoria President’s Award for Pro Bono in 2008.
Ken has also advised government agencies and companies, in Victoria and NSW.
Ken has served on the board of two not-for-profit organisations.
During his legal career, Ken has advised charities in relation to:
establishment and choice of corporate form;
deductible gift recipient status
merger, integration and other alliances
governance and director performance
Ken understands the different challenges facing not-for-profit entities, as compared to commercial parties, when it comes to critical strategic decisions, such as the decision to merge. Ken also understands the different legal and regulatory framework in which not-for-profits operate.
Based on his commercial and not-for-profit experience, Ken offers two different services to charities and not-for-profit organisations. ·
Utilising his extensive legal know-how, Ken can advise as to the establishment, structure, governance and merger of charities and not-for-profit organisations.
In addition, utilising his mediation skills, Ken offers charities, government entities and other not-for-profits a facilitation service to guide and enable decision-making.
In a merger or strategic transaction context, Ken can be engaged by one party, either to give legal advice and/or to guide decision-making within that organisation. As an alternative, Ken can be engaged by both parties to facilitate joint decision-making and the consummation of a successful transaction, working not only with the parties concerned but also with their separate legal advisers. This service supplements but does not replace direct negotiation by the parties and their own advisers.
It is also possible to combine these services, with Ken providing both strategic facilitation and legal advice as to the most effective structures
Ken's facilitation offering, usually delivered in a workshop or group setting, will:
facilitate assessment of strategic opportunities such as merger, outsourcing, joint ventures and other business/operations combinations, including issues/options generation and analysis
assist navigation of the relevant legal and regulatory framework
oversee implementation of outcomes and initiatives
This service is offered at concessional rates reflective of the circumstances of the charity.
