Simon Della Marta leads Pointon Partners Sydney located at Level 6, 111 Elizabeth Street, Sydney; Tel: (02) 9790 0640.

Commercial and business law requires a breadth of experience and understanding, which Simon Della Marta brings to you in protecting and transacting your commercial, business and investment interests, and matters related to corporate governance.

At University of Sydney Simon obtained degrees in Law and Arts (majoring in political science and Australian Literature) while devoting his spare time to skiing, playing rugby, watching cricket and assisting in creating and then working in his family’s then iconic Glebe Terrace Restaurant.

Simon still enjoys participating in skiing and supporting rugby and cricket and his wife’s acclaimed chamber music concert series, Selby and Friends.

Simon’s practice in commercial and business law requires a breadth of experience and understanding, which Simon brings to you in protecting and transacting your commercial, business and investment interests, and matters related to corporate governance.

Simon is able to assist you in:

• Structuring of investment special purpose vehicles such as trusts, trading entities and asset owning structures to mitigate the effects of regulatory authorities, including taxes;
• Asset protection and business succession strategies
• Shareholder, unit holder, partnership, joint venture, development, Co-owners and buy/sell agreements;
• Mergers and acquisitions;
• Capital raising;
• Insolvency solutions and Business Turnaround;
• Personal Property Securities law;
• Letters of Offer, Heads of Agreement and Terms Sheets and drafting and negotiating share sale and asset sale agreements;
• Regulatory compliance;
• Property Development;
• Commercial agreements such as, Agency Agreements, Asset Licensing Agreements, Confidentiality and Non-Disclosure Agreements, Consultancy Agreements, Distribution Agreements, Employee Share Plans, Option Agreements, Website Terms and Conditions, Privacy Terms and Conditions;
• Trusts;
• Corporate Governance
• Intellectual Property;
• Competition Law including: misleading and deceptive conduct; unconscionable conduct; unfair contract terms; misuse of market power; exclusive dealing;
• Commercial debt recovery;
• Contract and corporate/shareholder disputes;
• Compulsory acquisition compensation claims;

Simon has also worked on a substantial amount of commercial litigation and this additional experience and expertise gives him an intricate understanding of what is required to minimise risks for clients.

Simon appreciates that a detailed understanding of his clients’ business is essential and to apply the landscape of the laws which must be applied and affect the realities of a commercial enterprise.

Simon’s determined approach simplifies complex and challenging issues solving your problems.

Recently a client of Simon’s wrote in appreciation: “We just really want to thank you for yesterday. We are sooooooo grateful. We were stressed about yesterday, but you made us feel like you had our backs. We felt safe because of you. We really felt you went the extra mile.”

• Acting on sale of a business in the manufacturing, wholesale and retail engineering industry for a sale price of over $5 Million involving 4 retail locations in Sydney, Brisbane, Melbourne and Perth.  Intricate and detailed issues involved with employees’ entitlements and a stakeholder amount retained subject to collection of debtors of the business.
• Acting for an Administrator in the sale of a restaurant for $1,380,000.00 with a business Licence Agreement to permit the purchaser to operate the business prior to Completion.
• Acting for a short term letting real estate agency rent roll with a retention amount subject to success for continuation of management arrangements.
• Acting for a 50% holder of units in a unit trust business with a Dulux franchise with a number of store locations involving the sale of their units in the unit trust to the other unit holder.
• Sale of Dulux franchise painting business in Sydney for a sale price of over $1,000,000.00.
• Acting for the trust of a majority shareholder of a substantial internet real estate advertising enterprise in the sale of its business through the sale of shares to a major publicly listed media organisation.
• Acting for an advertising enterprise in the purchase of a sporting magazine from a publicly listed Australian media organisation which involved a substantial licence agreement through a major US magazine publishing enterprise.
• Acting for an established substantial private family enterprise diversifying its operations through the purchase of a well-known cycling shoe brand from a Hong Kong registered entity with intellectual property held by an Australian entity for over USD$4,000,000.00 which involved provision of bank guarantees for security for delayed payment price and management licence agreement to enable the operation of the business by the purchaser prior to Completion.
• Acting for an Administrator on the sale of a hospital business for an amount in excess of $3 Million.
• Acting for a hardware computer store selling its business to a Chinese based enterprise.
• Acting for the purchaser of a Subway franchise.
• Acting on the sale of a laser clinic business involved in cosmetic enhancements, involving the transfer of an existing lease to the purchaser.
• Acting for a strata manager in purchase of regional businesses from smaller operations in NSW.
• Acting for an established arts service provider selling its business by sale of shares in the company to the existing management
• Acted for Penrith Leagues in the Super League infiltration of the Australian Rugby League environment;
• Acting for a gaming industry product provider in the proposed sale of its business to an oversea enterprise for multi-million-dollar price tag.
• Acting for a land developer in the purchase then on-sale of an extensive land development project in north western Sydney;
• Acting for a receiver and manager appointed to protect substantial real estate assets of an organisation allegedly holding the assets as a charitable trust.
• Acting in a number of trust matters seeking judicial advice on structural issues for the trusts;
• Acting for a liquidator advising on the sale of commercial property in ACT;
• Acting for clients in compulsory acquisition claims for compensation for relocation and cessation of businesses pursuant to leasehold and licence interests.
• Advising numerous clients on their legal relationship agreements for equity participation in businesses.

Qualifications:

• Bachelor of Arts and Bachelor of Law – University of Sydney

Memberships:

• Member of Law Society of New South Wales.