Sectors

Borgeaud & Co provides legal and governance advisory services, including outsourced in-house legal and company secretarial services to public and private companies operating in a diverse range of industries.

Technology, Software & Cybersecurity

We partner with companies operating in the technology sector, from established software and media firms to emerging startups. We provide strategic guidance that helps our clients meet their growth goals while safeguarding their intellectual property and innovations.

Our expertise covers SaaS, IT and business process outsourcing, systems integration and cybersecurity. With hands-on experience advising on the acquisition and divestiture of technology businesses, we work to ensure the best commercial outcomes for our clients.

With in-depth knowledge of critical areas such as privacy, data security and regulatory compliance, we advise clients on their obligations under the Privacy Act and Australian Privacy Principles, the Spam Act, and the Do Not Call Register Act, among other regulatory frameworks as well as international standards including ISO 27001. We also assist clients in responding to cybersecurity risks and incidents and any ensuing disputes, litigation or regulatory investigations.

We offer bespoke services tailored to the unique challenges and opportunities of this ever-evolving industry. Whether we are functioning as outsourced in-house counsel or offering specialised advisory services, our clients benefit from our commercial pragmatism and integrated approach to legal solutions, drawing on our vast experience in technology transactions and disputes.

Examples of our work in this sector include:

Acting for a Queensland technology company in the preparation of a complete suite of terms, privacy policies and end-user licence agreements for several mobile applications.

Drafting detailed licensing terms for an Australian-owned SaaS provider of B2B and B2C software solutions.

Advising a national technology firm in relation to its legal, risk and compliance frameworks required for ISO 27001 certification, including in relation to pre-audits and audits.

Advising a national software firm on the divestment of its digital claiming business to a big-four bank, with a total deal value of $80 million.

Assisting software platform client prepare its bid for state government department request for services, and negotiating final contract terms with the department on behalf of the client.

Negotiating and drafting terms of Master Services Agreements and Services Terms for health-tech client with government scheme, and health insurance customers.

Assisting data technology client with its response to federal government trial program tender, and negotiating contract terms with the department after the client’s successful bid.

Financial Services & FinTech

We are exceptionally well positioned at the intersection of financial services and technology, offering unparalleled legal counsel in the fast-evolving FinTech landscape. We partner with both groundbreaking startups looking to disrupt the market and well-established finance businesses seeking to diversify into FinTech. Our unique blend of expertise in corporate law, data governance and financial regulation makes us ideal advisors in this innovative sector.

Whether our clients are newcomers challenging established norms or an existing institution venturing into FinTech, our team is adept at navigating regulatory intricacies. We offer comprehensive advice on a multitude of FinTech-related aspects, from financial service licensing requirements and regulatory exemptions, to establishing technology platforms and product commercialisation in Australia.

Given the dynamic nature of FinTech and the regulatory frameworks that govern it, we place a particular focus on risk management without compromising our clients’ agility and innovation. This includes offering practical guidance on customer terms and conditions, as well as data governance and privacy concerns.

We also have extensive experience advising more traditional financial services organisations, including full-service stockbroking and financial advisory firms with respect to regulatory compliance, risk management and strategic commercial contracting.

Examples of our work in this sector include:

Advising a Sydney-based FinTech in relation to ASIC exemptions to regulation of non-cash payment products.

Preparation of customer terms and terms of service, including click-wrap terms and bespoke B2B MSAs.

Advising a Sydney-based financial services licensee in relation to the holding and use of client monies in accounts held pursuant to s981B of the Corporations Act.

Drafting financial services guides and product disclosure statements in relation to a FinTech’s large-scale electronic non-cash payments product, including negotiating with third-party for provision of underlying technology infrastructure.

Fulfilling the roles of Responsible Manager and compliance officers within the compliance plan of a large financial services licensee, including working with external consultants to facilitate removal of a key person condition on the relevant licence.

Advising an unlisted public company in relation to crowd-sourced funding, including reviewing and conducting due diligence on offer documentation and drafting warnings and disclaimers required by legislation.

Advising a Sydney-based financial services firm in relation to a regulatory investigation, including preparing correspondence to the regulator.

Advising a Sydney-based FinTech firm on a multi-million dollar capital raising initiative through the issuance of convertible notes to sophisticated investors.

Advising client in response to de-banking action by its house bank.

Advising a technology firm on its acquisition and integration of a competing digital health claiming business, through a combination of scrip and cash.

Engineering, Mining & Infrastructure

We frequently provide legal and advisory services in the engineering, mining and infrastructure sectors, blending industry insight with legal experience. We have extensive experience working with engineers, designers and consultants, advising on the breadth of risks and opportunities in construction and infrastructure projects—both within Australia and internationally.

Our practice uniquely thrives at the intersection of engineering and technology. We frequently counsel innovative ventures that offer groundbreaking technological solutions for challenges in energy, mining and infrastructure. This includes everything from contract preparation to resolving disputes that may arise during a project.

Our legal team specialises in identifying potential issues at various stages of the project lifecycle and offers effective risk-mitigation strategies. By adopting an integrated and commercially pragmatic approach, we work closely with our clients to achieve solutions that are not only legally sound but also aligned with their strategic business objectives.

Examples of our work in this sector include:

Advising multiple Australian-based civil and electrical consulting engineering firms in relation to the provision of professional services to foreign-owned mining operations in Papua New Guinea.

Drafting detailed software licence and end-user agreements governing innovative embedded network solar generation technology for large-scale residential development projects throughout Queensland and New South Wales.

Representing an Australian-owned civil and electrical engineering firm in the negotiation and finalisation of contracts for the design, supply, installation, and commissioning of mining infrastructure for a French-owned project in west Africa.

Representing a Queensland-based electrical engineering firm in relation to negotiations with a listed mining company for the provision of consulting engineering services across multiple mineral processing facilities throughout Australia.

E-Commerce & Fast Moving Consumer Goods

We assist clients to navigate the rapidly evolving landscapes of e-commerce and FMCG. We serve a diverse range of clients in this sector, from well-known retail brands in food and beverage, cosmetics and healthcare to burgeoning e-commerce platforms.

Our legal offerings are comprehensive, covering crucial areas such as mergers and acquisitions, corporate governance, capital raising and dispute resolution. Importantly, we have a keen focus on technology and intellectual property, key components that drive success in e-commerce and FMCG.

We are adept at advising e-commerce entities on the complexities of consumer and privacy laws, commercial contracting and technology outsourcing. Our team ensures clients’ operations are compliant with Australian privacy laws, particularly in the sensitive area of consumer data handling.

For businesses aiming to expand their footprint, we provide in-depth guidance on establishing e-commerce platforms that can cater to both domestic and international consumers. Additionally, our experience in trade and export is an asset for clients seeking to make a smooth transition into new markets.

Examples of our work in this sector include:

Advising an established Australian cosmetics brand in relation to its planned expansion into the USA, including reviewing, drafting and negotiating terms with counterparties, preparing standard customer contract suite and advising in relation to USFDA inspections and requirements.

Acting for a Gold Coast based therapeutic and cosmeceuticals business in relation to the establishment of e-commerce operations, including drafting website terms and conditions, privacy policy, shipping and returns policies and providing advice in relation to company structuring.

Representing a Sydney-based FMCG business in commercial arbitration proceedings concerning a dispute arising under a multi-year distribution agreement.

Advising a large Queensland-based FMCG business on the exit of minority shareholders

Manufacturing

We are a trusted legal advisor for a wide array of leading manufacturers. We have a deep understanding of the sector’s challenges; from brand protection and innovation to supply chain management and expansion. We aim to grasp the intricacies driving clients’ business today, as well as identify opportunities and threats that may affect them in the future.

We support clients’ growth strategies through both mergers and acquisitions and organic avenues like volume enhancement, cost reduction and the commercialisation of innovations.

We understand the heightened compliance burdens manufacturing clients face, particularly in relation to quality and safety standards. Failures to meet these requirements can have significant legal and reputational ramifications. We offer expert counsel to ensure that clients are compliant and well positioned to meet these challenges.

Additionally, we acknowledge the increasing influence of technology and market shifts on manufacturing processes. We guide clients through these changes and the intellectual property, information technology, trade and competition law implications, as well as advising on strategic acquisitions

Examples of our work in this sector include:

Acting for an Australian-owned manufacturer of therapeutic goods and medical devices on a multi-year, multi-million dollar supply agreement with a European-based pharmaceutical company listed on a major stock exchange.

Drafting a tailored suite of manufacturing agreements and related credit terms for a Queensland-based cold-pressed oil manufacturer.

Advising a Brisbane-based manufacturer of food products in relation to a proposed joint venture with a Sydney-based manufacturer for the establishment of a milk alternative manufacturing facility.

Acting for a Queensland-based manufacturer in legal proceedings related to the sale and supply of animal feed products.

Advising a Queensland-based manufacturer in two separate foreign regulatory audits and its subsequent compliance with quality and safety standards.

Acting for a large, privately held manufacturer of therapeutic products in its negotiation of a deed of company arrangement with the administrators and creditors of a large debtor.

Borgeaud & Co is a specialist legal practice providing corporate, commercial and governance advisory services to private sector enterprises.

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