Better Boards Conference 2023

Better Boards Conference 2023 Forging Strategic Pathways BRISBANE, 2–3 JUNE 2023


Forging Strategic Collaborations: Legal tips on consortiums and joint ventures

Jonathan Teh

Principal, Russell Kennedy

Jonathan Teh assists his not-for-profit, health, care and community services clients with their governance, legal structures and commercial contracts. He regularly helps to create, merge and restructure not-for-profits.

He also advises on corporate governance, Corporations Act issues, design of Boards and membership, modernising constitutions and contentious member meetings. Jonathan also develops funding agreements, services/management agreements, health practitioner agreements and NDIS service agreements.

Felicity Iredale

Senior Associate, Russell Kennedy

Felicity specialises in advising clients in the health, community, disability, aged care, education and not-for-profit sectors. She has experience in establishing collaboration and partnership arrangements for organisations within the sector, including drafting MOUs, establishing consortiums and incorporated and unincorporated joint ventures.

She also regularly advises on constitution reform, governance advice and not-for-profit mergers and amalgamations.

Many not-for-profits jump too quickly to the end-game of mergers and acquisitions when there are many other ways to collaborate in the sector. In this presentation, Jonathan Teh (Principal) and Felicity Iredale (Senior Associate) will explore common legal collaboration strategies ranging from memorandums of understanding (MOUs) through to formal joint ventures or consortiums.

Jonathan and Felicity will explore case studies of a consortium of community organisations and a joint venture of health organisations. They will discuss the contracting and governance, and provide some tips to make sure they don’t go off the rails. They will explore the life stages of these partnerships from the perspective of a blacksmith, from forging through to bending and cooling.

Attend to:

  • • Learn your organisation’s strengths and weaknesses, and when to collaborate with others.

  • • Avoid legal traps and disputes with proper legal documentation and good governance.

  • • Understand the different roles organisations take in joint ventures and collaborations.

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