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Business & Commercial Law

We can help with a range of business and commercial law services including:

  • buying and selling a business
  • commercial property sales and purchases
  • business structures – partnerships, trusts, and corporations
  • business succession planning and asset protection
  • commercial and retail leasing

Business sales & purchases

Negotiations for the sale or purchase of a business should be formalised in a written agreement, and each party independently advised. We usually also recommend getting financial advice from your accountant before buying or selling a business. Your professional team can help structure the transaction to provide an optimum outcome and to protect your interests. Considerations when buying or selling a business include:

  • the structure and apportionment of the purchase price, taking into account goodwill, stock, plant, equipment, and inventory
  • Goods and Services Tax (GST) and other taxes such as Capital Gains Tax (CGT)
  • the suitability of any incidental agreements that form part of the business operations such as commercial leases and service contracts, and how they will be transferred to a new owner
  • provisions for the transfer of intellectual property such as business names, trademarks, and domain names
  • employment relations – arrangements for existing employees, transfers, offers, redundancies, and calculation of leave and other entitlements
  • restraint of trade and confidentiality provisions
  • agreed training periods, representations, and warranties

Business structures

The legal structure you choose for your business will depend on various matters such as the scale of your proposed operations, plans for future growth, the industry in which you operate, and your financial and personal circumstances. In liaison with your accountants and other financial advisors 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 relevant debts or losses. 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, etc.
  • Companies – corporate structures can provide some level of protection for directors and officers. The company has its own legal identity and can enter contracts in its own right. 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 planning

We can help you plan and sustain your business by implementing strategies to proactively mitigate risk, minimise liability for owners, protect assets and plan for business succession. We will consider appropriate business structures or trusts to help safeguard assets and can draft agreements to deal with various matters.

Commercial and retail leasing

We can assist with all your commercial and retail leasing needs. Commercial leases can be the subject of legal disputes which often occur due to poorly drafted, ambiguous, or non-existent lease agreements, or the failure of the parties to understand their obligations and rights. We can help minimise leasing disputes by drafting, reviewing, or negotiating your proposed lease agreement to ensure important terms are explained and that the lease is compliant with any specific laws.

We have helped many businesses pursue and manage the legal aspects of their operations and provide tailored, practical solutions for a range of commercial law matters.

If you or someone you know would like more information, needs help or advice, please contact Gina Hagan on 07 5576 6009 or 0426 288 899 or email [email protected]