Sean Lee

Overview

Sean is an experienced commercial litigation lawyer with over 20 years experience.

He works mainly in commercial litigation and dispute resolution including estates, employment and family provision (testator’s family maintenance).

Sean has appeared numerous times in the:-

• Federal Courts of Australia (admitted 2008)
• Supreme Courts of NSW and Victoria (admitted 2005)
• District Court of NSW
• Land and Environment Court of NSW
• County Court of Victoria
• Tribunals including:-
• NSW Civil and Administrative Tribunal (NCAT) /li>
• Victorian Civil and Administrative Tribunal (VCAT)
• NSW Industrial Relations Commission (IRC)
• Fair Work Commission (FWC)
• Administrative Review Tribunal (ART) (formerly known as the Administrative Appeals Tribunal).

Areas of expertise

Commercial Litigation and Dispute Resolution

Sean specialises in litigation and dispute resolution, advising clients on the quickest and most cost-effective manner of resolving disputes, often without recourse to court proceedings.

He also has extensive experience acting for corporations, partnerships, trusts, local councils, and regularly advises in relation to local government and planning law

Sean complements his litigation expertise with an excellent understanding and practical knowledge of commercial matters, working in conveyancing, wills and estates, preparation of leases, trust deeds and various employment agreements such as letters of offer, employment contracts and executive services agreements.

He has appeared in the Supreme Court of NSW and the Land and Environment Court of NSW, the County Court and Supreme Court of Victoria, Local Court and District Courts of NSW and the Magistrates Court of Victoria, as well as the Federal Court of Australia.

Sean has conducted negotiations and settlements of shareholder and inter-corporate disagreements and disputes. Sean has also advised clients in more formal mediation conferences involving not just the disputing parties but impartial mediators.

Sean’s dispute resolutions skills extend over the entirety of the pre-litigation stage up to the commencement of court proceedings.

Employment Law

Sean operates in a broad and dynamic field, encompassing a range of statutory, contractual, and common law principles.

1. Employment Contracts and Terms

• Drafting and Reviewing Contracts: Advising on the formation, interpretation, and enforceability of employment contracts, including express and implied terms.
• Variation and Termination: Advising on lawful variation, termination clauses, and the consequences of breach.

2. Statutory Employment Rights and Obligations

• National Employment Standards (NES): Advising on minimum entitlements under the Fair Work Act 2009 (Cth), including leave, notice, and redundancy.
• Modern Awards and Enterprise Agreements: Interpreting and applying industry-specific awards and enterprise agreements.
• Minimum Wage and Conditions: Ensuring compliance with minimum wage orders and conditions set by the Fair Work Commission.

3. Workplace Policies and Compliance

• Workplace Policies: Drafting and advising on policies regarding conduct, discrimination, bullying, harassment, and social media.
• Work Health and Safety (WHS): Advising on obligations under the Work Health and Safety Act 2011 (NSW) and related regulations.

4. Dismissal and Termination of Employment

• Unfair Dismissal: Advising on eligibility, process, and remedies under the Fair Work Act.
• General Protections/Adverse Action: Advising on claims relating to workplace rights, discrimination, and adverse action.
• Redundancy: Advising on genuine redundancy, consultation obligations, and redundancy pay.

5. Workplace Disputes and Litigation

• Dispute Resolution: Representing clients in the Fair Work Commission, courts, and tribunals in matters such as unfair dismissal, general protections, and discrimination.
• Alternative Dispute Resolution: Advising on and participating in conciliation, mediation, and arbitration.

6. Industrial Relations and Collective Bargaining

• Enterprise Bargaining: Advising on negotiation, drafting, and approval of enterprise agreements.
• Industrial Action: Advising on lawful and unlawful industrial action, protected action ballots, and employer responses.
• Union Rights and Right of Entry: Advising on union representation, right of entry, and related disputes.

7. Workplace Privacy and Surveillance

• Privacy Obligations: Advising on the Privacy Act 1988 (Cth) and the employee records exemption.
• Workplace Surveillance: Advising on compliance with the Workplace Surveillance Act 2005 (NSW).

8. Post-Employment Restraints and Confidentiality

• Restraint of Trade: Drafting and enforcing post-employment restraints (non-compete, non-solicitation).
• Confidentiality: Advising on protection of trade secrets and confidential information.

9. Emerging Issues and Recent Reforms

• Right to Disconnect: Advising on the new statutory right to disconnect (effective August 2024).
• Wage Theft: Advising on criminal and civil liability for wage underpayment (effective January 2025).
• Gig Economy and Employee-like Workers: Advising on new protections for gig workers and changes to the definition of employment.

10. Other Relevant Areas

• Superannuation: Advising on employer obligations under the Superannuation Guarantee and recent changes to enforcement.
• Workers’ Compensation: Advising on entitlements and claims under state workers’ compensation schemes.
• Whistleblower Protections: Advising on protections under the Corporations Act and other relevant legislation.

Commercial and Business Law

Introduction

Sean’s experience encompasses the legal principles and statutory frameworks that govern business and commercial transactions.

Sean has expertise across a range of sub-disciplines, reflecting the diverse needs of commercial clients.

1. Contract Law

• Drafting, Reviewing, and Negotiating Contracts: Central to commercial practice, including sale of goods, supply agreements, service contracts, distribution agreements, and licensing arrangements.
• Advising on Contractual Rights and Obligations: Interpretation, enforceability, and remedies for breach.
• Dispute Resolution: Assisting with contractual disputes, including negotiation, mediation, and litigation.

2. Corporate and Business Structures

• Business Formation and Structuring: Advising on the establishment of companies, partnerships, joint ventures, and trusts.
• Corporate Governance: Advising directors and officers on their duties under the Corporations Act 2001 (Cth) and common law.
• Shareholder Agreements and Disputes: Drafting and resolving issues between shareholders or partners.

3. Mergers, Acquisitions, and Disposals

• Due Diligence: Conducting legal due diligence for business sales and acquisitions.
• Transaction Documentation: Drafting and negotiating sale agreements, share purchase agreements, and related documents.
• Regulatory Compliance: Advising on Australian Competition and Consumer Commission (ACCC) requirements and Foreign Investment Review Board (FIRB) approvals.

4. Intellectual Property (IP) Law

• Protection and Commercialisation: Advising on registration, protection, and enforcement of trademarks, patents, designs, and copyright.
• IP Licensing and Assignment: Drafting and negotiating IP agreements.

5. Property and Leasing

• Commercial Leasing: Drafting, reviewing, and negotiating leases for commercial premises.
• Property Transactions: Advising on the sale and purchase of commercial real estate.

6. Finance and Banking

• Loan and Security Documentation: Advising on loan agreements, guarantees, and securities.
• Regulatory Compliance: Ensuring compliance with the National Credit Code and other financial services regulations.

7. Insolvency and Restructuring

• Advising Insolvent Entities: Assisting companies and individuals facing insolvency, including voluntary administration, liquidation, and bankruptcy.
• Creditor Rights: Advising creditors on debt recovery and enforcement options.

8. Competition and Consumer Law

• Australian Consumer Law (ACL): Advising on misleading or deceptive conduct, unfair contract terms, and consumer guarantees.
• Competition Law: Advising on anti-competitive conduct, cartel conduct, and ACCC investigations.

9. Regulatory and Compliance

• Licensing and Regulatory Approvals: Advising on industry-specific licensing and compliance requirements.
• Privacy and Data Protection: Advising on compliance with the Privacy Act 1988 (Cth) and data breach obligations.

Often these transactions included the giving or taking of security, such as a mortgage over land, a lease of business equipment or a charge over a company.

A major focus of Sean’s expertise is in the area of rural acquisitions, equipment leasing and other kinds of secured transactions: These have:

• been for both private and public entities,
• involved either a principal funder or wholesale borrower,
• involved IT hardware, software and service contracts, as well as mining equipment, office goods and motor vehicles, and
• been implemented by limited recourse loans, principal & agent agreements, master rental programs, sales of receivables/factoring transactions, and other funding techniques.

Sean’s overall commercial expertise includes perfecting security under the Personal Property Securities Act (“PPSA”). He has also had experience advising on international trade transactions, including dispute resolution via the International Commercial Arbitration Tribunal.

Sean’s commercial and business service offerings include acting on the sale and purchase of companies, shares and businesses, drawing up contracts for shareholder, joint venture and supply agreements, advising on related aspects of trust law.

Qualifications

Sean was awarded a Bachelor of Economics (B. Ec) from the University of NSW and Bachelor of Laws (LLB) from the Australian National University.

Sean has lectured at Charles Sturt University and La Trobe University on Commercial Transactions, the Law of Business Organisations, International Contracts and Dispute Resolution.