The Health Lawyer Podcast with Julian Whitehead

The Health Lawyer Podcast with Julian Whitehead

por Julian Whitehead

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Temporada 1

Dealing with landlord’s when selling or buying a practice!

When selling or purchasing buying a practice, the assignment of lease is critical. Let's take a peek at some things to expect!

Starting up your practice - a legal check before you sign anything!

It is important that the preliminary agreement (heads of agreement) and lease is clearly negotiated and documented. Whitehead Legal can provide the proper protection for a start-up tenant. Julian Whitehead is a partner at Whitehead Legal and he exclusively advises health care professionals in their commercial matters throughout Australia. Julian can be contacted on 0411 406 151 or via email julian@whiteheadlegal.com.au or visit www.whiteheadlegal.com.au.

Not having a shareholder agreement can harm your practice!

Without a shareholder agreement, guidance for shareholders is then directed to the company’s constitution. A shareholder agreement acts as the superior document to the constitution – however, without the shareholder agreement, the shareholders are left guided by a constitution that may not necessarily be prepared with a health practitioner purview, but a generic business view. So, when there are disputes, minor or dramatic, broad or specific to the health practice, there is commonly either no guidance within ‘off the shelf’ constitutions or indeed clauses which may act to the detriment of the specific dispute. Julian Whitehead is a partner at Whitehead Legal and he exclusively advises health care professionals in their commercial matters throughout Australia. Julian can be contacted on 0411 406 151 or via email julian@whiteheadlegal.com.au or visit www.whiteheadlegal.com.au.

Employees and their entitlements on the sale/purchase of a practice

Employees are an integral part of any practice especially staff who are the first face patients see on arrival or speak to whilst booking appointments. The due diligence process surrounding employee entitlements needs to be thorough to ensure purchasers have a clear picture of their transferring employees entitlements’ status and a purchaser is not burdened with unwarranted expense in the future. Julian Whitehead is a partner at Whitehead Legal and he exclusively advises health care professionals in their commercial matters throughout Australia. Julian can be contacted on 0411 406 151 or via email julian@whiteheadlegal.com.au or visit www.whiteheadlegal.com.au.

Just purchased a practice...now what?

Settlement of your practice acquisition has just occurred, and you have commercial acquisitions fatigue and new practice owner anxiety. You now agree that it is not ‘just like buying a house’ and you are standing in your new practice, keys in hand, ready for patients, but operationally, commercially and legally, what’s next? There are many immediate post-settlement requirements purchasers must action.

What are you warranting?

Seller warranties in a practice sale agreement are tantamount to express guarantees or promises to a buyer that specific facts or conditions are true or will happen. What are you willing to warrant as the seller of your practice and what are buyers wanting you to warrant?

Starting up an additional practice? Starting up your first practice?

Starting up an additional practice? Starting up your first practice? We will be conducting a deep dive into heads of agreement/lease documentation, particularly focusing on conditions precedent that you must have! This is a recording from a webinar Julian presented earlier in February 2021.

Starting-up, buying or selling your health practice? Note the importance of Town Planning!

Starting up an additional health practice? Starting up your first health practice? Buying a new health practice? Selling your health practice? Regardless of whether you are starting up, buying or selling a health practice, premises town planning status is of critical importance– let’s go through the following town planning queries we put to our clients, some typical responses we receive and our response commentary. For further information - please do not hesitate to call the Health Lawyer, Julian Whitehead on 0411406151 or send him an email on julian@whiteheadlegal.com.au

Service provider, contractor or employee - How should my professional practitioners be engaged?

Todays episode will be intriguing for practice owners who have professional associates or who are looking at taking on another associate. Whether or not you engage them as contractors, employees or service providers – and also covers some common examples of practices with long serving associates without written agreement and its possible ramifications! It is highly recommended that your associate dentists have written agreements – handshake agreements are not commercial and can leave you quite exposed. For further information - please do not hesitate to call the Health Lawyer, Julian Whitehead on 0411406151 or send him an email on julian@whiteheadlegal.com.au

Goodwill protection - practice restraints and non-solicitation of patients and employees

A major asset of an allied health practice is the practice owner’s valuable Goodwill. Practice owners need to ensure their Goodwill is protected and owners are entitled to reasonable protection to preserve their Goodwill. This episode: Reviews a common example; Queries enforceability of practice restraints; Discusses drafting of specific clauses; and Reasonableness in drafting.

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