Marilyn Wai

Marilyn Wai Business Lawyer and Asia & China Advisory
Marilyn Wai Business Lawyer and Asia & China Advisory

Marilyn Wai

Senior Associate

Melbourne


Personal Experience

Marilyn has a varied practice which spans across Corporate and Commercial as well as Property including leasing. She often acts for private high net worth individuals, business owners and small to medium enterprises within a diverse range of industries such as property development and management, building and construction, franchising, retail and distribution, FMCG and hospitality, RTOs and aged care.

With a background in international tax and GST, Marilyn is highly skilled in navigating complex commercial and property issues, particularly in relation to foreign entities looking to set up a new business or invest in Australia. She advises on FIRB issues, stamp duty and land tax implications for foreign investors in relation to purchase of property or land in Australia. Marilyn always aims to provide the best legal solutions to her clients at minimal cost.

Marilyn has a very practical and approachable demeanour. Clients appreciate her prompt response and thorough understanding of their needs. She works closely with clients to achieve their business and commercial objectives. Marilyn speaks fluent Mandarin, Cantonese and Malay languages.

Marilyn regularly advises and assists clients with mergers and acquisitions including sale and purchase of businesses, shares and assets, corporate compliance and governance as well as capital raising matters. She assists clients with day-to-day legal issues affecting their businesses and often advises clients from the initial set-up of their business venture through to disposal to another entity.

Marilyn is skilled in advising on, preparing and negotiating commercial contracts such as share sale and purchase agreements, business/assets sale agreements, services agreements, independent contractor agreements, unitholder and shareholder agreements, joint venture agreements, loan agreements and mortgages. She regularly provides business structuring advice and assists in the setup of unit trusts and not-for-profit entities.

Marilyn has extensive experience in property conveyancing and leasing matters. She assists clients in the sale and acquisition of land for property development as well as other commercial purposes such as allied health services, medical clinics and childcare centres. She has acted for several clients in the sale and acquisition of farmland and wineries.

Marilyn is often involved in assisting clients in leasing and commercial disputes and has successfully negotiated commercially viable outcomes for them. Marilyn is a firm believer of settling a dispute as early as possible in a cost-effective manner.

Specific experience:

  • Preparing a Master Services Agreement for a Chinese owned pharmaceutical research and development organisation specialising in complex formulations and drug product development in Melbourne and advising on IP issues.
  • Advising a Chinese property developer on complex capital raising transactions for a unit trust raising the capital for property development and preparing the unitholder agreement for the investors.
  • Advising a foreign Chinese investor on the sale of a winery business in Dixons Creek.
  • Acting for a foreign Chinese investor on the acquisition of a vineyard in Yarra Valley and advising on adverse possession issues.
  • Acting for the vendor on the sale of the second largest Chinese based SRS facility in Melbourne.
  • Acting for the vendor on the sale of a Registered Training Organisation (RTO) to a government entity.
  • Acting for an ASX listed accounting firm in the acquisition of an accounting practice in Melbourne.
  • Acting for the vendor in the disposal of a security guard services organisation to an industry competitor.
  • Acting for several medical professionals on the acquisition and sale of medical clinics.
  • Advising on the business set-up for the provision of allied health services.
  • Acting for the landlord of a shopping centre in Chelsea in relation to various leasing and commercial matters and defending the landlord in a Supreme Court proceeding involving a tenant enforcing the right to purchase the leased premises.
  • Acting for a hospitality group in relation to the expansion of the food and retail businesses across Australia and advising on leasing and commercial matters.
  • Acting for a Home Care Packaged Provider on the acquisition of the approved provider licence and set-up of the Home Care business in Melbourne and preparing various commercial contracts for the business generally.
  • Advising property owners on stamp duty exemptions and acting for them during SRO investigations in relation to non-payment of foreign purchaser additional duty, absentee owner surcharge and land tax issues.
  • Acting for a real estate company on the negotiation and settlement of a dispute with a property owner with respect to short stay accommodation issues.
  • Acting for property investors on the sale and purchase of high value commercial properties in Victoria.
  • Acting for a tenant of a business premises subject to Temporary Occupation by the Level Crossing Removal Project and negotiating with the Authority for compensation arising from disturbance loss and relocation of the business.
  • Acting for various property developers in relation to the development of residential and commercial properties in Melbourne.
  • Reviewing and advising on a construction contract for property development. and
  • Advising on the acquisition of retail/ commercial units and preparing retail leases and licence agreements.

Recent Posts

Navigating Australia’s Foreign Investment Reforms: A Guide for Discerning Investors

Victorian CIPT Reform: Stamp Duty Out, Annual Tax In for Commercial and Industrial Property

Personal Experience

Marilyn has a varied practice which spans across Corporate and Commercial as well as Property including leasing. She often acts for private high net worth individuals, business owners and small to medium enterprises within a diverse range of industries such as property development and management, building and construction, franchising, retail and distribution, FMCG and hospitality, RTOs and aged care.

With a background in international tax and GST, Marilyn is highly skilled in navigating complex commercial and property issues, particularly in relation to foreign entities looking to set up a new business or invest in Australia. She advises on FIRB issues, stamp duty and land tax implications for foreign investors in relation to purchase of property or land in Australia. Marilyn always aims to provide the best legal solutions to her clients at minimal cost.

Marilyn has a very practical and approachable demeanour. Clients appreciate her prompt response and thorough understanding of their needs. She works closely with clients to achieve their business and commercial objectives. Marilyn speaks fluent Mandarin, Cantonese and Malay languages.

Marilyn regularly advises and assists clients with mergers and acquisitions including sale and purchase of businesses, shares and assets, corporate compliance and governance as well as capital raising matters. She assists clients with day-to-day legal issues affecting their businesses and often advises clients from the initial set-up of their business venture through to disposal to another entity.

Marilyn is skilled in advising on, preparing and negotiating commercial contracts such as share sale and purchase agreements, business/assets sale agreements, services agreements, independent contractor agreements, unitholder and shareholder agreements, joint venture agreements, loan agreements and mortgages. She regularly provides business structuring advice and assists in the setup of unit trusts and not-for-profit entities.

Marilyn has extensive experience in property conveyancing and leasing matters. She assists clients in the sale and acquisition of land for property development as well as other commercial purposes such as allied health services, medical clinics and childcare centres. She has acted for several clients in the sale and acquisition of farmland and wineries.

Marilyn is often involved in assisting clients in leasing and commercial disputes and has successfully negotiated commercially viable outcomes for them. Marilyn is a firm believer of settling a dispute as early as possible in a cost-effective manner.

Specific experience:

  • Preparing a Master Services Agreement for a Chinese owned pharmaceutical research and development organisation specialising in complex formulations and drug product development in Melbourne and advising on IP issues.
  • Advising a Chinese property developer on complex capital raising transactions for a unit trust raising the capital for property development and preparing the unitholder agreement for the investors.
  • Advising a foreign Chinese investor on the sale of a winery business in Dixons Creek.
  • Acting for a foreign Chinese investor on the acquisition of a vineyard in Yarra Valley and advising on adverse possession issues.
  • Acting for the vendor on the sale of the second largest Chinese based SRS facility in Melbourne.
  • Acting for the vendor on the sale of a Registered Training Organisation (RTO) to a government entity.
  • Acting for an ASX listed accounting firm in the acquisition of an accounting practice in Melbourne.
  • Acting for the vendor in the disposal of a security guard services organisation to an industry competitor.
  • Acting for several medical professionals on the acquisition and sale of medical clinics.
  • Advising on the business set-up for the provision of allied health services.
  • Acting for the landlord of a shopping centre in Chelsea in relation to various leasing and commercial matters and defending the landlord in a Supreme Court proceeding involving a tenant enforcing the right to purchase the leased premises.
  • Acting for a hospitality group in relation to the expansion of the food and retail businesses across Australia and advising on leasing and commercial matters.
  • Acting for a Home Care Packaged Provider on the acquisition of the approved provider licence and set-up of the Home Care business in Melbourne and preparing various commercial contracts for the business generally.
  • Advising property owners on stamp duty exemptions and acting for them during SRO investigations in relation to non-payment of foreign purchaser additional duty, absentee owner surcharge and land tax issues.
  • Acting for a real estate company on the negotiation and settlement of a dispute with a property owner with respect to short stay accommodation issues.
  • Acting for property investors on the sale and purchase of high value commercial properties in Victoria.
  • Acting for a tenant of a business premises subject to Temporary Occupation by the Level Crossing Removal Project and negotiating with the Authority for compensation arising from disturbance loss and relocation of the business.
  • Acting for various property developers in relation to the development of residential and commercial properties in Melbourne.
  • Reviewing and advising on a construction contract for property development. and
  • Advising on the acquisition of retail/ commercial units and preparing retail leases and licence agreements.

Marilyn Wai

Senior Associate

Melbourne


Education and Accreditation

  • Bachelor of Business (Marketing), Nanyang Technological University, 2001
  • Bachelor of Laws (LLB), Monash University, 2005
  • Postgraduate Diploma in Legal Practice, Leo Cussen Institute, 2006

Memberships and Associations

  • Law Institute of Victoria

Recent Posts

Navigating Australia’s Foreign Investment Reforms: A Guide for Discerning Investors