Business & Commercial Law
Whatever your circumstances, a good business lawyer on your side can help you grow your operations and mitigate the costly risks associated with running any enterprise.
We have been advising Australian businesses for over three decades with extensive experience across many industries. We offer a wide range of practical legal solutions for individuals, start-ups and small to medium-sized enterprises.
Our quality advice across a range of business and commercial law matters includes:
- Business structures
- Business contracts, commercial law and small business advice
- Corporations law
- Copyright, trademarks and patents
- Property and leasing
- Bankruptcy and insolvency
- Taxation and finance
- Business succession and asset protection
If you are establishing a new business, it is important to choose the most suitable legal structure whether that be a sole trader, partnership, joint venture, company, trust or franchise. The structure through which you run your enterprise will depend on a number of considerations including the type of industry within which the business operates, the plans for future growth and the personal circumstances of the owners.
Most commercial arrangements can be expressed in a legal contract, for example, contract for the sale or purchase of business, supply and service agreements, licence agreements, distribution agreements, partnership agreements or franchise agreements. It is essential that a business contract’s terms and conditions are properly negotiated and documented. A business contract should include matters such as:
- details of the parties’ rights and obligations
- how to manage GST matters
- processes to manage various contingencies
- apportionment of liability and / or mitigation of risk
- compliance and standards
We can prepare or review your business contracts to make sure that the terms and conditions are suitable for your business now and into the future and that all due diligence standards are met.
Partnerships and partnership agreements
A partnership is described as a relationship which exists between people carrying on a business, with a common view of making a profit. It also includes incorporated limited partnerships.
It is important to have a partnership agreement in place when operating as a partnership, otherwise the relationship between business partners can deteriorate if they do not understand their duties, roles and obligations. A partnership agreement is a contract between partners in a business.
Partnership agreements usually include:
- each partner’sduties and responsibilities
- important matters that arise from the business
- procedures for making business decisions and how to resolve disputes amongst partners
- succession and exit strategies, buy-out conditions, insurances, etc.
Commercial and retail leases
Commercial and retail leases set out legal terms and conditions through which a business may occupy premises to run the enterprise. Many potential lease disputes can be avoided when all terms and conditions are clear and complete.
When a company is unable to pay its fines and debts by their due date, the company becomes insolvent. Companies faced with insolvency have various options available to them. Directors of companies facing cash flow problems should immediately obtain legal advice to ensure the best possible outcome for the company and help mitigate the potential risk of personal liability for insolvent trading.
If commercial disputes are managed effectively from the start, parties have a better chance of resolving their issues efficiently and cost effectively. It is always recommended that an experienced lawyer review your situation to explain the best way to resolve a commercial dispute.
We offer dispute resolution services and business litigation, covering a wide range of problems including breach of contract, building and property disputes, debt recovery, copyright infringement, partnership disputes and Corporations law.