joint venture law

Joint venture law

HomeJoint venture law

Dundas Lawyers® advises clients on all aspects of joint venture law from selection of the most appropriate joint venture structure in the circumstances to negotiating its terms.  Sometimes, it really is just a matter of putting the most appropriate pieces together to create the best fit! Regardless of the industry that the Joint Venture operates in, or the stage of the business lifecycle, there are numerous issues that the participants need to consider in order to maximise the return of their collaborative endeavours. We believe in the concept of collaborative effort where our clients enter into such relationships on a fully informed and considered basis.

What is a joint venture?

The term “joint venture” is something that is commonly understood in business as an unincorporated or contractual undertaking between participants with a view to mutual profit.  Practically however it is something that is much more complex because it can take a variety forms.  The term “joint venture” (Joint Venture) and the relationships that exist between the participants was considered by the High Court in the case of United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 where it was said by the majority, Mason, Brennan, Deane JJ in reference to this term that:

“As a matter of ordinary language, it connotes an association of persons for the purposes of a particular trading, commercial, mining or other financial undertaking or endeavour with a view to mutual profit, with each participant usually (but not necessarily) contributing money, property or skill”.

It was said by Lehane J in the case of Hadid v Lenfest Communications Inc [1999] FCA 1798 at paragraph 767 that the term “Joint Venture” is undoubtedly an “elastic term” the inference being that this was a reference to the variety of joint venture structures that have arisen.

Our joint venture services

Dundas Lawyers® advises clients on all aspects of joint ventures from ideation to negotiation, documentation and selection of the most appropriate joint venture structures. Regardless of the industry that a proposed joint venture is to operate in there are numerous issues that the participants need to consider maximising the return of their collaborative endeavours.  The process of identifying a joint venture opportunity, negotiating the inputs of the participants and their respective share of the proceeds and ensuring that it proceeds to achieve its goals is no easy feat.

Recent videos about joint venture law by Dundas Lawyers®

Disclaimer
This page contains general commentary only about joint venture law.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.



Why choose Dundas Lawyers® to assist with your joint venture?

Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business to identify joint venture opportunities, negotiate with participants and document the terms of joint ventures as we understand the commercial dynamics involved.  Some of the reasons client’s choose Dundas Lawyers® include:

  • our Uncommon business acumen;
  • our Uncommon expertise in transactional, compliance and litigious matters;
  • our Uncommon expertise forensic case preparation;
  • our Uncommon customer focus;
  • the fact that we don’t just know law, we know business!
  • how we leverage our Uncommon Nous® to provide client solutions.

Considering getting a lawyer to advise your business?

For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in joint ventures please phone our team on either 1300 386 529 or 07 3221 0013.

Complete the form below and we will respond to your enquiry within one (1) business day from the moment you press Submit

Joint venture law enquiry

Your name(Required)
This field is for validation purposes and should be left unchanged.

Recent insights on joint ventures

  • What is an Incorporated Joint Venture?

    What is an Incorporated Joint Venture?

    Explore the risks and benefits of an Incorporated Joint Venture. Learn about the Corporations Act 2001 (Cth) and how it affects the agreement between Joint Venturers. Discover the common issues to consider when entering into a Joint Venture and how to protect yourself from potential liabilities. Click through to read more.

  • Negotiating the value of your input to a Joint Venture

    Negotiating the value of your input to a Joint Venture

    This article provides an overview of the considerations when entering into a Joint Venture, including inputs, outputs, legal and tax implications of different Joint Venture vehicles. Get the facts you need to make an informed decision.

  • What is a Joint Venture – Australian law

    What is a Joint Venture – Australian law

    Creating a Joint Venture in Australia requires careful consideration of structure, assets, responsibilities and rights. It can range from unincorporated to fully incorporated, and must ensure success for all Participants.

Recent Federal Court decisions regarding joint venture law

  • Callide Energy Pty Ltd v Park [2025] FCA 37

    CONTRACTS – contractual construction and interpretation – joint venture agreement – pre-emptive rights clauses – where a pre-emptive right is exercisable upon a change in control – privity of contract – agency – where a clause purports to impose obligations on a non-party company in a corporate group – whether a subsidiary is obliged to…

  • Petrovsky v Southern Adelaide Local Health Network Incorporated [2024] FCA 500

    PRACTICE AND PROCEDURE – application for urgent interlocutory relief – where urgent injunctive relief sought to maintain applicants’ access to respondents’ premises, and enforcement of purported oral undertakings given by the respondents – whether there is a prima facie case for relief – alleged breach of joint venture agreement or licence to occupy – whether…

  • Petrovsky v Southern Adelaide Local Health Network Inc [2024] FCA 396

    PRACTICE AND PROCEDURE – application for interlocutory relief – whether serious question to be tried of a joint venture agreement – whether serious question to be tried of a licence – whether serious question to be tried of unconscionable conduct – whether balance of convenience favoured interlocutory relief – whether damages an adequate remedy –…


Send this to a friend