Saif Alizai

• ,Company Overview
• Elphinstone Group is a leading privately owned organisation with a diverse range of business interests and investments in Australia and overseas, particularly in the underground and mining equipment space. With a combined workforce of over 2,500 employees and aggregate annual revenue exceeding one billion dollars, the Group’s principal interests include William Adams Pty Ltd (authorised Caterpillar Dealer), Elphinstone Pty Ltd (manufacturing), United Equipment as well as a number of other subsidiaries.

Outline

• Reporting to General Counsel and provide high quality legal services and strategic advice to key stakeholders on various legal matters, including review and negotiation of commercial contracts, advice on property acquisitions & leasing, business acquisition & divestments as well as managing disputes and ensuring business remains compliant with regulatory requirements.

Specific Assignments:

• Reviewed and negotiated a major customer contract worth over 100 million dollars with Hanwha Defence Australia for the Land400 Project involving the supply of the Redback Infantry Fighting Vehicles to Australian Department of Defence, including close collaboration with the senior Elphinstone management team, engineers and project mangers on the prreparation and review of the Contract and SOWs, attending various workshops and meetings with Hanwha Defence Australia to understanding project requirements while also negotiating the terms of final Contract with Hanwha Defence Australia.
• Assisted General Counsel with preparing the transaction documents in connection with the acquisition of the Drac Mechanical business by Elphinstone Group pursuant to a Share Sale Agreement, including preparation of the initial Due Diligence Questionnaire and Terms Sheet, reviewing due diligence materials, reports, share certificates and insurance policies, liaising with Finance on tax matters, advising business on IP employment matters, drafting the initial Share Sale Agreement as well as attending negotiations with vendor’s solicitors.
• Advised the business with the purchase of a major commercial property in Pakenham valued at 55 million, including a detailed review of the Contract of Sale, including a review of feasibility reports relating to the development of the site, liaising with third party consultancy firm on services and infrastructure work, drafting amendments to the Contract of Sale and attending negotiation with the vendor’s solicitors while also advising the business on planning & environmental law as well as GST implication.
• Advised William Adams Pty Ltd on various contractual disputes with customers, suppliers and subcontractors, including advice to business on issues relating to payments and rate reviews, defects and non-performance under the contract, as well as liability, while also supporting the General Counsel with escalated claims from the Credit Manager and business development managers, including collaboration with external law firms and providing instructions on litigated matters.

Cbus is the largest and leading superannuation Fund for Building, Construction and allied industry in Australia with over 850,000 members as well as over $70 billion of fund under management It has offices across all major states.

Outline

• Reporting to Legal and and providing strategic legal advice and guidance to business on BAU legal matters, including commercial contracts such as major Information Technology (IT) and Procurement contracts, supporting Information Technology division with various supplier engagements and different projects while also managing risk and regulatory matters.
• Negotiating a major Agreement, Addendums and SOWs with Amazon Web Services (AWS) for cloud Services, including consultation with IT team on the business requirements and the scope of services, drafting amendments to the Agreement and SOWs and attending negotiation with AWS while also providing advice to business on privacy and data protection as well as intellectual property rights.
• Negotiating a major Agreement and multiple SOWs with Salesforce for bespoke services involving the transfer of data and integration of Media Super members to Cbus Fund following the acquisition of Media Super and Successor Fund Transfer (SFT), including attending workshops & working groups across different business units to understand business requirements and scope of work, highlighting areas of exposure to business, drafting amendments to the Agreement and capturing risk and ensuring SFT deadline is met are met
• Advising the business on the implementation of Digital Online Employer Portal project, including assisting Risk team with the initial APRA regulatory requirements, preparing and finalising RFP documents, review and negotiating Master Services Agreement and SOWs with the Supplier, providing advice to business on information security and management of Cbus Data, Service Levels and Business Continuity Plan.
• Review and negotiating Reseller SaaS Agreement for IT Security services with CyberCX, including review and negotiation of the End User Agreement (EULA) with overseas provider, drafting amendments to the Agreement with Reseller and EULA, advice to business on payment terms, liability as well as engagement of overseas sub-processors and its implication on privacy obligations and security of Cbus Data.
• Negotiating Internal Audit Tax Services with PwC, including assisting procurement with initial RFP, advising Risk and Governance team on APRA regulatory requirements, drafting Master Services Agreement as well as attending negotiation.
• Advising different business units on legislative and regulatory changes and updating existing Policies and Procedures, including advice to IT team on the application of APRA CPS234 as well as SPS231 Prudential Standards when conducing IT security assessment of different suppliers, including drafting amendments to the Cbus Privacy and Information Security Policy while also providing guiding principles to the Procurement Team on Cbus information security requirement when preparing RFF documents and engaging different suppliers

Company Overview:

CEVA Logistics is a global logistics & supply chain company with US$7 billion in revenues. Its head office is in Marseille, France while it has a global coverage spanning across 160 countries. It was established in Australia in 2007 and has over 60 facilities across ANZ.

Outline

• Working within the Legal Team under the direction of General Counsel of CEVA Logistics Australia and New Zealand and advising the business on major local and global customer contracts across contract logistics, freight management as well as ground transport while also managing the various suppliers and subcontractor relationships, including review and negotiating Technology contracts, terms and conditions of Software applications as well as managing subcontractor engagements and labour hire arrangements

Specific Assignments:

• Reviewed and and negotiated a number of major commercial contracts for warehousing services, freight management as well as vehicle logistics with a number of reputable Australian brands, including Telstra, Kogan and Coles as well as global companies such as British & American Tobacco, Mercedes Benz and Tesla, including detailed review of the Master Services Agreements, Purchase Orders and Statement of Works, preparing letter of indemnities and heads of agreements as well as drafting variations and addendums to existing Contracts.
• Worked with the Procurement team in preparing a number of Temp Labour Hire Agreements with different labour hire agencies across Australia and New Zealand, including drafting the terms of the Master Labour Hire Agreement, liaising with Human Resources and Operation teams in understanding and capturing the different needs and requirements, assisting with preparing the RFQ documents and ensuring CEVA’s Code of Conduct and the various policies form part of the engagement and, actively negotiating the terms of the agreement with individual agencies.
• Advised the business on various contractual disputes with customers, suppliers and subcontractors, including advice to business on issues relating to payment, rate reviews as well as non-performance and termination while also assisting the General Counsel with escalated claims from the Claim Manager, including collaboration with external law firms and providing instructions on litigated matters.

Company Overview:

• Opteon is the largest independent professional valuation and property advisory firm across Australia and New Zealand with over 60 office locations across different states in Australia and some 600 employees
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Outline:

• Worked within the in-house Legal team and providing legal advice to business on tender contracts for valuation & property advisory services with major government clients and financial institutions, including review & negotiation of Master Services Agreements, Supplier arrangements as well as Confidentiality & Non-Disclosure Deeds

Specific Assignments:

• Assisted the the business with the review & negotiation of a major contract for mortgage valuation services with Westpac Banking Corporation, including advice to business on Intellectual Property Rights & Data Ownership while also highlighting key risks and obligations with respect to the delivery of services under the Contract.
• Advised the Finance & Tech Services teams on various supplier arrangements & consultancy agreements, including review & advice on suppliers various SaaS Subscription Services and Valuation Technology Softwares.
• Assisted the General Counsel with the renewal & extension of Opteon’s Master Franchise Agreement with its various franchisees, including providing notice for renewal to franchisees in accordance with the Franchise Code of Conduct, drafting amendments to the existing Agreement as well as Compliance Manual and, preparing updated Disclosure Document as required under the Code
• Prepared and negotiated a number of Opteon’s office leases with various Landlords across Australia and New Zealand and novating and sub-leasing a number of others following a corporate restructure and winding up of some subsidiaries.
• Established a Legislation Register for Legal team and continuously monitoring & capturing regulatory changes impacting different areas of business.

Company Overview:

• Refugee Legal is a provider of legal advice and casework services for asylum seekers and migrants in the community.

Outline

• Shadowed senior immigration lawyers & migration agents in providing legal advice to clients with refugee background.
• Interviewed clients, seeking instructions and identifying legal issues relating to humanitarian claim.
• Undertook independent legal research, preparing client’s Application and drafting Statement of Claim.
• Liaised with the Department of Immigration and Border Protection, FOI and AAT in relation to clients’ cases.
• Refugee Legal is a provider of legal advice and casework services for asylum seekers and migrants in the community

Company Overview:

• De Marco Lawyers is a long-established firm with offices in Melbourne, Glenroy and Werribee. The firm specialises in all areas of practice with a particular focus on Commercial, Property law and Litigation.

Outline:

• Worked within the Commercial & Property team and advised smaller institutional lenders and high net worth individuals on secure lending & commercial transactions while also advising a number of private and developer clients on complex property developments, including advice on Building & Construction contracts commercial property transaction as well as Retirement Village Projects.

Specific Assignments:

• Acted for private lender client in relation to a seven million dollars cross-collateralised commercial loan involving the development of two Childcare Centres in Greenvale & Diggers Rest, including preparing and negotiating the terms of the Loan Agreement, drafting Letter of Offer and Mortgage instruments and arranging for execution of Guarantees
• Represented a client in negotiation with Official Trustee in Bankruptcy for the purchase of a real estate property, including advice to client on bankruptcy laws, negotiating the agreement and preparing & arranging the execution of the deed of transfer.
• Advised a number of clients on Retirement Village Contracts, including review of the Loan Agreement and advising clients of their rights & obligations under the Lease Agreement, including advice on the ongoing costs & contributions.
• Advised a number of private developer and investor clients on Building and Construction Contracts involving construction of properties in Mickleham, Greenvale & Wallan, including advice on different aspect of the development, particularly in the areas of Planning & Environmental laws as well as requirements under the Building Act & regulations.

Company Overview:

• O’Donnell Salzano Lawyers is a boutique law firm located in Melbourne CBD. It specialises in general commercial transaction, property law as well as regulatory compliance & litigation.

Outline:

• Worked within the property team and advised clients on all stages of complex commercial & residential property transactions, including acquisitions & disposals, off the plans sales, subdivisions as well as commercial and retail leases.

Specific Assignments;

• Advised a number of private clients on complex property and commercial transactions involving trusts and different trust structures, SMSF, including advice on Capital Gain Tax and GST laws as well as Stamp Duty liabilities.
• Assisted Senior Associate with the purchase of a small business in Collingwood, including drafting of retainer letter, reviewing Section 32 Statement, undertaking necessary searches as well as advice to client on planning issues & licensing requirements.
• Acted for a number private and corporate clients with respect to conveyancing and subdivision matters, including preparation of ‘off the plan’ contracts of sale for properties in and around Melbourne and Derrimut, liaising with land surveyors, drafting Owners Corporation Rules and arranging appointments of Owners Corporation Managers.
• Acted for United Energy, Powercor & Citipower with respect to review and negotiating of a number of leases involving various properties in and around Victoria, including drafting of renewals, novations as well as disclosure statements.

Company Overview:

• MLC is one of the leading life insurance and superannuation providers in the industry and together with Nippon Life they provide cover for over 12 million customers.
• Assisting senior lawyers and legal counsels with the review and management of litigated insurance claims within the Legal team while also liaising and collaborating with Governance and Compliance team on regulatory reporting as well as risk & compliance
• Undertaking review and investigation of non-disclosure and fraudulent claim files, including sourcing additional medical and financial records, drafting chronologies and case summaries while also liaising with external partnered law firms throughout the litigation process and providing instructions during the negotiation stages
• Co-ordinating the pipeline of work in response to an ASIC review of MLC’s claim management and internal dispute resolution practices, including collaboration in a team of four people to collate and deliver complete and accurate information to external independent reviewer and, providing oversight to the team in ensuring the files which entered the review process complied with ASIC’s terms of reference.

Company Overview:

• Pasha legal is a local boutique firm providing legal services in areas of family law, property as well as commercial and litigation
• Providing integrated legal support in a fast-paced environment by prioritising assignments from lawyers & administrative team.

Outline:

• Supported senior lawyers and the principal with ongoing litigated matters.
• Prepared and drafted legal documents al by employing drafting skills developed through extensive training.
• Worked efficiently within a team of fifteen people whilst undertaking extensive research tasks independently.