Corporate & Commercial Law

We work with a range of business owners and corporate clients providing advice and strategies to deal with the many planned and unplanned events that occur throughout the life of a business. We can assist with:

We can assist with:

Starting a business
Buying and selling a business
Choosing a business structure
Drafting, negotiating, and reviewing commercial contracts
Franchising agreements
Commercial and retail leasing
Debt recovery
Commercial disputes
Shareholder and partnership agreements
Advice on corporate governance and directors’ duties

Choosing a business structure

Whether you are starting a business from scratch or buying an existing enterprise, it is important to choose the most appropriate business structure for your needs. The legal structure you choose generally depends on the scale of your proposed operations, your plans for future growth, the industry in which you operate, and your financial and personal circumstances. We can help you choose a structure that fits your needs.

Common business structures include:

Sole traders– may be appropriate when starting a small-scale enterprise on your own using an Australian Business Number (ABN). A sole trader is legally and financially responsible for all aspects of the business.
Partnerships– may be ideal when another person or people are involved in, and contributing to, the business. In such cases debts and losses incurred are shared by the partners regardless of which partner ‘incurs’ the liability. A formal partnership agreement is important to allocate rights and responsibilities between the partners and can set out procedures for termination, retirement, disputes, or sale of the business.
Companies– corporate structures can provide some level of protection for directors. The company has its own legal identity and can enter contracts in its own name. Companies are registered with the Australian Securities and Investments Commission (ASIC) and have ongoing costs and annual reporting obligations.
Trusts– can assist with asset protection and may provide strategic outcomes when it comes to income tax and capital gains. Trusts are complex however and must meet compliance requirements and be properly managed to ensure they deliver the anticipated outcomes.

Business contracts

All commercial and business transactions should be documented in a legally binding agreement. We can prepare or review all types of business contracts including contracts for the sale of goods or services, supply and distribution agreements, terms of trade, licensing agreements and partnership agreements. We will ensure that the contract terms and conditions are suitable for your business and compliant with any prescribed requirements for your trade or industry.

Commercial and retail leasing

If your business occupies premises, you will likely need to enter a commercial or retail lease. If you own commercial or retail premises that you wish to rent out, you will want a carefully drafted lease agreement that protects your investment. To avoid disputes in the future and to ensure a balance of rights between the parties, we
recommend that your lease agreement be prepared and/or reviewed by a lawyer and that each party obtains independent legal advice.

Debt recovery

Chasing unpaid debts is not the best use of a business owner’s time. The most effective approach when chasing debts will likely depend on the identity of the debtor and the sum owed. When dealing with companies, it might be best to serve a statutory demand. If the debtor is a sole trader or partnership, you might wish to pursue payment in the Local or District Court. Sometimes a well drafted letter of demand from a lawyer or some negotiation may be all that it takes. You may also consider entering a deed with a debtor for the payment of the debt. No matter what is owed and by whom, our experienced lawyers will adopt a process aimed at getting results quickly and, wherever possible, minimising further loss.

Commercial disputes

If commercial disputes are managed effectively from the start, the 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 range of problems including breach of contract, building and property disputes, debt recovery, partnership, and shareholder disputes.
If you need assistance, contact [email protected] or call 07 4133 1111 for expert legal advice.