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Our
Salisbury office is on the move.
From
1st September the Salisbury office of Tindall Gask Bentley
will be moving to our new premises just around the corner
at 28 Ann St Salisbury . There's off street
parking available and our phone number remains the same
- 8250 6668.

Australian
Institute of Conveyancers State Conference
Tindall
Gask Bentley is a sponsor of this years conference and Partner
Rod Foster Jones and Associate Julie Height will be both
be presenting to the delegates.
Presentation
topics from TGB will include Drafting Special Conditions,
Leases and Structures and Tax implications.
The
Australian Institute of Conveyancers State Conference 2008
is on the weekend of 16-18 May, 2008 and will be held at
the Novotel Barossa Valley
For more
information on the conference, visit the site here.
Caveats
and Worker's Liens - LTO
TGB Partner Rod Foster Jones will be presenting on the legal
issues associated with Caveats and Worker's Liens at a presentation
to be hosted at the Adelaide Pavilion.
Presenters
from the Lands Titles Office will be Wendy Chapman and Carmal
Bridgart.
Session
Details:
Wednesday 13 February 2008 at the Adelaide Pavilion from
4.30pm to 6.00pm. Drinks and nibbles provided from
6.00pm to 7.00pm
Contact
the office for any further information.
Law
firms join forces in Port Lincoln

Scott
Allard, Morry Bailes, Greg Anderson and Claudio Galloni
at the Port Lincoln offices.
The highly regarded Adelaide firm Tindall Gask Bentley has
formed an alliance with local lawyers Jenkins Anderson Allard
in a move designed to offer a broader range of services
to the Eyre Peninsula.
Tindall Gask Bentley, a firm with more than
65 staff, has been working for South Australians for over
35 years. Its lawyers work in all areas of the
law but the firm has a particular focus on handling car
accident and injury claims, and helping clients manage commercial
projects and disputes.
TGB also has a long standing interest in China,
so much so that a number of its staff speak or are learning
Mandarin. The firm has been practicing in China since 2002,
where it gives advice to Chinese companies looking to invest
in Australia. In April this year, TGB was proud to be the
first law firm in Australia to successfully assist a wholly
owned Chinese company to list on the Australian
Stock Exchange.
Managing Partner Morry Bailes says TGB have
been considering the move to Port Lincoln for quite a while,
but "didn't want to compete with the established firms
on their home turf. We want to complement the local services
rather than compete with them" he says. "That's
why the association with Jenkins Anderson Allard is such
a neat fit. It's a blend, and it means both firms have more
to offer."
Jenkins Anderson Allard's partner Scott Allard
is also pleased with benefits the association can bring
to his firm's clients. "At the moment we practice mainly
in the areas of estate planning, wills, probate, conveyancing,
commercial transactions and family property law. We simply
can't employ the number of lawyers needed to cover all areas
of practice" he said yesterday. "Now we can tap
into the experience of TGB and give our clients the wider
range of services that they are looking for. That is great
for us, and it is great for the whole peninsula."
JAA partner Greg Anderson commented "It
is not every Adelaide firm that we would welcome the chance
to work alongside. TGB is a cultural
fit for us. We consider ourselves to be highly professional
- but we want to be easy to work with too. TGB has the very
same approach."
General
Manager of TGB, Claude Galloni highlights the fact that
'regional' offices are not new to TGB. "We have a commitment
to go where the services are needed. This is not the first
office that TGB have opened outside the CBD.
We have well established offices at Reynella and Salisbury.
For us it is just part of providing quality service."
The two firms will operate out of the offices
of Jenkins Anderson Allard at 80 Washington St, Port Lincoln
from October.
Port
Lincoln Times
Tuesday
25th September 2007
Over
the Chinese walls: Brendan Connell at his office in Adelaide
The
little firm that made it in China.
FORGET
expansion to Sydney and Melbourne. A small Adelaide litigation
firm has moved straight to mainland China to solicit new
business.
Three years on, the gutsy move is just beginning to bear
fruit for the seven-partner firm, Tindall Gask Bentley.
In April, one of the firm’s corporate clients made
history when it became the first company based wholly in
mainland China to list on the Australian Securities Exchange.
Tianwaitian (TWT), an umbrella and outdoor furniture manufacturer
from Zhejiang province, south of Shanghai, raised $5 million
in the float. Its shares, which originally listed at 50c,
are now worth about 65c. The move to China was spearheaded
by partner Brendan Connell, who for two decades specialised
in personal injury litigation. Now, in an unlikely switch,
Connell works full-time with Chinese clients, helping them
to list on the stock exchange or representing them in transactions
involving Australian mining companies.
“After 2O-plus years of doing one type of work, to
turn around and do something different is a bit of a shock
to the system,” he says.
However, he is having plenty of fun along the way. The original
idea to pursue work in China came from another Tindall Gask
Bentley lawyer, Fai Peng Chen, who completed his law degree
in Adelaide.
Chen, who speaks fluent Mandarin. was keen to attract Chinese
clients and to help them list on the ASX. In China, companies
can wait five or six years to list on the Shanghai or Shenzhen
stock exchanges, only to be refused permission by the government.
A
plan was hatched for representatives of Tindall Gask Bentley
to conduct seminars in China on listing in Australia. The
aim was to forge relationships with Chinese law firms or
business people interested in investing in Australia.
The firm was joined on its original mission by Westpac,
Adelaide accounting firm Basso Newman, Austrade (a govemment
body that helps Australians do business overseas) and Invest
Australia (the government’s inward investment agency).
Austrade and Invest Australia smoothed the way, helping
to arrange visas and advertise the seminars in China. About
100 people attended each seminar, held in three provinces
on the east coast.
Through the seminars, Tindall Gask Bentley formed alliances
with three law firms, including one of China’s largest,
AllBright. Since then, AllBright has been vetting clients
interested in listing on the ASX.
“The advantage of going through the lawyers is that
the companies are already clients of theirs” Connell
says. “We’re not accessing dodgy fly-by-night
companies. They’re already solid and using good law
firms.”
Culturally, there have not been any major problems. “We
originally had the standard South Australian cultural cringe,
but the Chinese actually love it here. The first thing they
point to is the sky because it’s
very clean,” he says, with a chuckle. “And it’s
quiet - it’s spread out.” The language, too,
has not been a serious obstacle. “I have read that
300 million Chinese speak English as a second language,
and there’s always the provision of good interpreters
for us. So there has been less difficulty with the language
barrier than you might expect,” Connell says.
Chen jumped ship earlier this year to Minter Ellison in
Adelaide, where he is now a special counsel. Following that,
Connell hired a Chinese language teacher to help him communicate
with his clients.
Other
cultural differences have been more a source of entertainment
than frustration, Connell says. One thing he has had to
get used to is the fact that clients never turn off their
mobile phones.
“I could be sitting in a meeting with nine mining
company people, all of whom are on the phone,” he
says. .
Timing is also very approximate. "For example, if you
and I have a meeting at 9am, you ring at 9am. The Chinese
one is more of a Chinese nine - it can be 9am, 9.15am, 9.30am,
9.45am. You’ve got to put up with that, but it’s
hardly the end of the world.”
A more fundamental difference, however, is law firm retainers.
Chinese companies are accustomed to paying lawyers a percentage
of a deal on a success basis. The idea of billing for one’s
time, regardless of the outcome, is “completely alien”,
Connell says.
“The Chinese pay on result. If you get a deal done
for them they pay perfectly happily and very well, but no
deal, no payment,” he says.
Connell says he does not feel comfortable billing on a percentage
basis, and the firm charges a fixed fee if a deal is completed.
“At the start it was extremely challenging to have
an idea about what might be fair. I didn’t want to
scare them off, and overprice, but on the other hand we
didn’t want to under-price,” he says.
“Having done it now for three years, I have a much
better idea of how long it might take and what work is involved,
so I’m better at guessing what is a reasonable figure.”
Connell
has also found the Chinese companies he has worked with
to be slow and deliberate in their decision making, requiring
a great deal of hand-holding. For instance, none of the
companies that have looked at listing on the ASX have agreed
to appoint Tindall Gask Bentley before meeting with them
on at least three occasions. (‘They’re cautious
about making a decision, which is understandable, because
they’re listing in a country that is as foreign to
them as China is to Australians’, Connell says.
Given all of these factors, it is not surprising that the
practice was loss-leading for the first two years. It is
just breaking even now, in its third year. However, the
firm has branched out from IPOs into mining work, which
is very lucrative, Connell says. It has acted for companies
seeing to invest in or purchase Australian mining companies,
and in offtake agreements, in which clients fund a mine’s
production in
exchange for resources. Connell is quietly confident the
practice will become profitable over the coming year. He
has attracted some new clients and hopes some early clients
that have not yet closed any deals will do so.
“The rest of the partners understand, because we’re
small enough, that it’s worth a go. So at the moment
we’re continuing to give it a go,” he says.
It’s a punt that might be brazen enough to work.
THE
AUSTRALIAN FRIDAY JULY 13 2OO7
STRATEGY
Nicola Berkovic
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