New and existing businesses and organisations
Advising on business and organisation structures and their legal implications for your new or existing business or organisation, including helping you with set up of sole trader, company structures (e.g. proprietary limited company), partnerships, joint ventures, and family, investment, discretionary or unit trusts.
When starting a business, a choice of legal structure is important for your business success. Likewise, when your business grows or changes your business structure may need to be revisited. Different business structures in conjunction with your business type and environment in which your business operates have different tax implications.
Buying a business
Purchase of business – reviewing and advising you on agreement for purchase (of business assets or shares in business), negotiating its legal terms and assisting you up to completion of the purchase
Selling a business
Sale of business – preparing and advising you on agreement for sale (of business assets or shares in business), negotiating its legal terms and assisting you up to completion of the sale
Commercial and business contracts and arrangements
Preparing, reviewing and advising you on shareholders’ agreements, business loans, securities and guarantees, terms and conditions of sale of goods or provision of services, consumer warranties, website terms and conditions, privacy policies, contracts with suppliers, contractors and agents, terms of employment of your staff, building and constructions contracts, and various other business contracts, agreements and arrangements.
It is important to have legal advice before entering into a contract. Absence of proper legal advice or deploying a DIY option for a business agreement significantly increases chances for a dispute down the track. We can prepare or review a contract for your business to ensure your rights are protected and the contractual terms are favourable and balanced as much as possible in circumstances.
Intellectual property is one of the most valuable assets of a business. If it is left unprotected your business goodwill and dealings and sale of the business in future may be impacted. Intellectual property includes among other things business names, domain names, copyright, designs, trademarks and confidential information. If you need to discuss intellectual property of your business and its protection, please feel free to reach out to us.
Many businesses require licence, approval or permit either for a person to conduct that business or activity or work for a particular business, or for the business to simply conduct its business. Examples of these are professional licences, certificates and registrations, pharmacy PBS approvals, tradesperson licences, liquor licences for retail businesses, and many others. If you need to discuss licensing for your business and its requirements, in particular if you are starting a new business, or need legal advice in relation to the licence, please feel free to contact us.
Breach of contracts and disputes
If you are faced with actual or alleged breach of a contract, termination of a contract or other dispute in or in connection with your business, property or otherwise, please feel free to reach out to us to discuss.
We will consider and advise you on your practical options with a view of attempting to resolve the dispute before or instead of going to court, or out of court (if litigation has been commenced against you). Litigation is often costly, lengthy and a stressful experience. If there is no other option for you/your business, but to be get involved in litigation, we with our team will assist you.
Closing a business
Closing your business is often a difficult decision. If your business is closing, there are various legal obligations you need to follow. Apart from dealing with creditors and business assets and stock, intellectual property, any business licences and permits, notifying your employees, contractors and suppliers, there are other legal matters your business will have to attend to, including ending lease obligations and deregistration of business or winding up the company. We will provide legal advice and assistance to you in these matters.
We provide general legal advice on commercial and business arrangements.