Joint Ventures | By Lawyers
Skip to main content

Joint Ventures

FED

A comprehensive guide to joint ventures, equipping lawyers with the knowledge and tools to confidently advise and service their clients.

2 Matter Plans

Overview

The commentary addresses the main aspects of joint ventures, including funding, liabilities, taxation, management, dispute resolution, and exit strategies.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

The Business Structures and the Comparative Table guide provides a comparison of the pros and cons of different business structures.

Precedents in this publication include:

  • Library of agreements:
  • Joint venture agreement;
  • Incorporated joint venture agreement;
  • Joint venture agreement for a property development project;
  • Project management agreement;
  • Asset sale agreement;
  • Deed of release.
Icon

2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Joint Ventures
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon 101 Costs Answers
    • Item icon Business Structures and the Comparative Table
    • Item icon Further information
  • Item icon Overview
    A joint venture is a commercial relationship between two or more entities for a particular undertaking or endeavour, with a view to realising mutual commercial gain. A joint venture can be formed for a fixed or ongoing period and may be set up for a single specific purpose or an ongoing purpose. A ...

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Item icon Summary of the process
    The usual steps in acting to establish a joint venture include:

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Joint ventures
    • Item icon To do list - Joint ventures
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Joint ventures
    • Item icon Conflict of interest check
    • Item icon Time and costs estimates
    • Item icon GSTR 2004/2 - Goods and services tax: What is a joint venture for GST purposes
    • Item icon Initial letter to client enclosing costs agreement, due diligence checklist and steps involved
    • Item icon Due diligence checklist
    • Item icon Enclosure - Steps involved to establish a joint venture
    • Folder icon Library of costs agreements
      • Folder icon Australian Capital Territory
        • Item icon Costs agreement - ACT
      • Folder icon New South Wales
        • Item icon Costs agreement - NSW
      • Folder icon Northern Territory
        • Item icon Costs agreement - NT
      • Folder icon Queensland
        • Item icon Initial letter to client enclosing costs agreement
        • Item icon Costs agreement - QLD
        • Item icon Abbreviated costs disclosure - Costs under $3000
      • Folder icon South Australia
        • Item icon Costs agreement - SA
      • Folder icon Tasmania
        • Item icon Costs agreement - TAS
      • Folder icon Victoria
        • Item icon Costs agreement - VIC
      • Folder icon Western Australia
        • Item icon Costs agreement - WA
        • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Establishing a joint venture
    • Item icon Forms of joint venture
      A joint venture can be:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Advantages of joint ventures
      Generally Joint ventures are an attractive vehicle for short-term or one-off enterprise projects. They offer a means for two parties to combine resources without merging or changing the ownership of their existing assets or businesses.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Disadvantages of joint ventures
      Contractual joint ventures A contractual joint venture:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Establishing a joint venture
      Participants establishing a joint venture must ensure:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Joint venture agreement
      A joint venture agreement is essential to regulating an arrangement between the participants of a joint venture and ensuring the requirements of a joint venture, as opposed to a partnership, are met. A joint venture agreement provides evidence of the partiesʼ intentions to meet those requirements.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Joint venture agreement
    • Item icon Property development joint venture agreements
      Joint ventures are a common vehicle for property development projects. Joint venture property developments often involve one party providing land and a second party providing funds or services for development. These developments can be arranged in different ways. Examples of different arrangements ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Joint venture agreement for a property development project
    • Item icon Joint venture agreement - Townhouse development project
    • Item icon Incorporated joint venture
    • Item icon Project management agreement
    • Item icon AI Prompt for Letter to client with advice on joint venture agreement
    • Item icon AI Prompt for Letter to client with advice on joint venture agreement
    • Item icon Liability to third parties
      Liability to a third party is governed by a contract with the third party. In a joint venture, if the contract is made with only one participant, then only that participant has direct liability to the third party. Similarly, if the joint venture vehicle is a company, the liability sits with that ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Tax considerations
      Each participant in a joint venture should seek taxation and accounting advice.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Powers, rights and responsibilities of joint venturers
  • Folder icon C. Dispute resolution
    • Item icon Dispute resolution
      Dispute resolution procedures should be covered in detail in the joint venture agreement for a contractual joint venture, or shareholders agreement for an incorporated joint venture. The nature of joint ventures can give rise to a perception that participants have greater freedom to act in their ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Litigation
      If dispute resolution fails, then participants in a joint venture can proceed to litigation. Joint venture litigation is inevitably lengthy and expensive. For a contractual joint venture, it also carries the risk that the joint venture will be found to be a partnership.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Deed of release
  • Folder icon D. Exiting or ending a joint venture
    • Item icon Withdrawal
      A joint venture participant may wish to withdraw from the venture to avoid future financial obligations. The ability to withdraw from a joint venture depends heavily on the terms of the joint venture agreement and the type of joint venture. For example, the consequences of withdrawing from a mining ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Selling and assignment
      The joint venture agreement should include a mechanism for a participant to assign its interest to a third party. However, a participantʼs right of assignment commonly is restricted by the remaining participantsʼ rights of pre-emption.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Asset sale agreement
    • Item icon Deed of assumption
    • Item icon Letter - Notice of intention to sell interest in joint venture
    • Item icon Termination
      As a joint venture requires more than one participant at all times, in circumstances in which only one participant remains the joint venture will automatically terminate and its affairs will need to be wound up. A joint venture does not often automatically come to an end at the expiration of a ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter - Notice of intention to terminate the joint venture
  • Folder icon E. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Folder icon Example invoices incorporating notification of rights
      • Item icon Example invoice incorporating notification of client's rights - NSW
      • Item icon Example invoice incorporating notification of client's rights - VIC
      • Item icon Example invoice incorporating notification of client's rights - QLD
      • Item icon Example invoice incorporating notification of client's rights - SA
      • Item icon Example invoice incorporating notification of client's rights - TAS
      • Item icon Example invoice incorporating notification of client's rights - ACT
      • Item icon Example invoice incorporating notification of client's rights - NT
      • Item icon Example invoice incorporating notification of client's rights - WA
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

Our Authors

A team of legal professionals contribute to By Lawyers' publications, all helping to ensure that content is updated regularly to reflect changes in legislation, practice, and procedure.

Meet Our Authors
Authors