Clarity · Strategy · Execution
Access decades of diverse legal, corporate advisory and executive experience across an array of industries, geographies and circumstances.
one
thesis
Simon Owen
Princeps
From 'start-up' through IPO and the commercialisation of all forms of intellectual property — Simon Owen, Director of Consulta Mirabilis, has engaged not only as a legal and corporate advisor but as a founder, executive, mentor and director, for more than 30 years.
The Consulta Mirabilis consultancy offers a unique service combining the essential elements drawn from that experience providing the clarity that an enterprise needs at critical moments in its development.
That clarity derives from:
Perspective
Though principally a lawyer structuring and executing corporate and commercial transactions, my clients and roles have also required increasingly sophisticated corporate advisory services in parallel and an acute understanding of financing and capital markets.
Additionally, as a 'principal' I have taken ideas from startup to commercial operations, begun and resurrected listed companies, sat as a Chair, non-executive and executive director and have personally carried the 'risk of a project' several times.
Knowledge
Decades of detailed understanding and management of clients' projects (and my own) across the spectrum of 'innovation' develops a knowledge base that is deep, broad and interconnected. Whether digital, bio, agri, medico, mechanical, artistic or financial I have travelled the journey of innovation in industries beginning well before the advent of the internet, genome or email.
Risk
'Risk' underpins all commercial endeavours and transactions. A sophisticated appreciation of its inherent nature and influences is now my basic tool of trade. It is the background against which the two previous attributes are applied and upon which advice is formulated.
At all times, however, one of the rarest element in an 'effective' advisor is 'Humility'. The unspoken 'fourth element' which should be the product of long and broad experience is the ability to remove one's own ego from the core requirements of the client.
TWO
CLIENTS
The clients that benefit most from the Consulta Mirabilis 'Journey' are those that are on their own:
Start-up
Extensive and personal appreciation of both the commercial, personal and psychological challenges developed from over three decades of experience with failure.
Scale-up
An innate understanding of where you have come from, and where you are aspiring to reach. These are stages and steps I've taken many times before, either for client's or personally, under a variety of conditions.
Transaction Execution
Every transaction represents 'Risk'. This extends well beyond the technical requirements and appropriate documentation to incorporate any external market influences and the persona and psychology of counterparties including their legal representatives.
THREE
EXPERTISE
Exposed to every facet of commercial innovation, from inception through development and funding, execution, and eventual exit or succession.
- Advice on all aspects of the Corporations Act 2001 (and its predecessors)
- Company formation, shareholder agreements and corporate succession planning
- Board requisition and shareholder actions, both against and in defence of incumbent Boards
- Restructuring and re-capitalisation of both listed and private companies
- Acting for both companies and investors in coordination of seed and development capital, due diligence and structuring of investment strategies
- Share buy-backs and capital reductions
- Numerous IPO's in a range of industries (gold, iron ore, oil & gas, medical device, fintech, manufacturing)
- Numerous backdoor listings, including project management of the entire process
- All forms of rights issues, underwriting arrangements and placements
- Considerable experience in dealings with both ASX and ASIC
- Over 50 public offerings of securities, hybrid instruments or debt/debentures
- Capital raising road shows in Australia, US, Canada and the UK
- Negotiation and documentation of wholesale debt facilities
- Takeovers by scheme of arrangement; preparation of both scheme proponent and bidder documentation
- Takeovers by way of off and on-market bids, strategic advice and documentation
- Takeover panel submissions and advocacy
- MBO and leveraged buy-outs for various private and listed entities
- Numerous acquisitions and divestments of assets and businesses in Australia and internationally
- Listing and executive management of junior oil & gas company
- Advice and documentation for acquisitions, tenders, joint ventures and drilling programs in Africa, Asia, Canada, USA and Australia
- Joint ventures, farm-in and farm-out arrangements, tenement transactions, off-take agreements
- All forms of capital market transactions and advice for resource companies
- Acquisition and divestment of resource projects and production assets
- Detailed understanding of the grain and viticultural industries
- Direct involvement in management of vertically integrated breeding programs
- National and international distribution chains including wholesale and retail marketing
- Joint venture with Syngenta on genetic transformation technology
- Joint venture with major university and Commonwealth Serum Laboratories
- Commercial operations of generic and proprietary manufacturer of therapeutic goods
- Commercial development of proprietary high volume finance transaction platform
- Protection and commercial development of medical devices and surgical implants
- Intellectual property assessment and audit of dozens of technologies
- Development and IP advice for new transmission system with European automotive houses
- Commercial and investment advice for innovative technology now accepted by Boeing
- Development of a solar panel manufacturing facility
- Management and documentation for dozens of international cross border transactions
- Negotiation and drafting of supply contracts, manufacturing contracts, distribution relationships and joint ventures
- Advising national financial planning group on restructuring of AU$120M private investment syndicate
- Management of IR and HR issues and disputes in multiple industries
- Multiple licensing and distribution networks nationally and internationally
- Investment transactions for various venture capital and private equity groups
- All legal advice for WA Department of Transport relating to port facilities along the Western Australian coast
- Advice on establishment of alternate WA port facilities
- Privatization and restructuring of the Port of Derby
- Property work for one of WA's most significant private commercial property portfolios
- Planning and development for coastal and logistical support infrastructure for major resource projects
- Management of IP portfolios and commercialisation within agri, pharma and manufacturing
- Negotiation and documentation with international breeding stock providers
- Licensing of multi-national patent rights for biotech development
- Negotiation and documentation of licensed technologies from Monsanto
- Advice for Curtin University on commercialisation of intellectual property
- Lectured in design and copyright; authored papers and co-authored legal texts
- Therapeutic Goods Act, Australian Regulatory Guidelines, ASMI Code and TPA licensing
- Significant experience in ASX and ASIC compliance and liaison
- Management of cross border transactions on all continents
- Company Secretarial and Governance for listed and large private entities
- Operation of unrestricted AFSL licence and advice on AFSL applications
- FIRB Approvals for foreign acquisitions and related requirements
- Management of registered and unregistered managed investment schemes
FOUR
ENGAGEMENT
Advisory, documentation and execution services tailored to your requirements — with flexible engagement models to match.
Services
- Structure, documentation and execution of all commercial transactions
- IP strategy, commercialisation programs and exploitation across all markets
- All investment and capital markets transactions, domestic and international
- Business development, M&A and 'exit management' execution
- Strategic risk advice and mentoring
- Virtual 'in-house' roles
Terms
Preferably daily, weekly or monthly retainer rates at significant saving to hourly rates
Hourly rates of between $350 and $500 only
Scrip or success fee element
Fully insured legal practice
Contact
Simon Llewellyn Owen — Princeps
+61 413 777 286
PO Box 373 Fremantle WA 6959
Clarity · Strategy · Execution
ABN 47 688 053 769
Liability limited by a scheme approved under Professional Standards Legislation