Business & Commercial Law

Whether you are running a start-up, an established company, or a large corporation, owners and directors are encouraged to seek professional advice to foster sustainability and growth, manage risk, and to deal with the many legal issues that arise during the lifetime of a business.

We assist new and established enterprises across various areas of law. We see our business clients as primary decision-makers who should be equipped with sound advice to make decisions that are right for their organisations and that balance growth opportunities with the mitigation of risk.

Business Contracts

Ensuring that agreed terms and conditions are properly negotiated and documented in a written contract is fundamental when businesses enter commercial arrangements. Business contracts govern the legal rights and responsibilities of the parties for a range of transactions. Your contracts should also deal with the apportionment of risk and liability, set out how to manage GST and include processes to manage disputes and various other contingencies.

Partnerships

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.

The relationship between business partners can deteriorate if they do not understand their duties, roles and obligations. This is why it is important to have a Partnership Agreement in place when operating as a partnership.

A Partnership Agreement is a contract between all the partners in a business and outlines each partner’s duties and responsibilities, governs important matters that arise from the business, procedures for making business decisions and how to resolve disputes amongst partners.

Franchises

Generally, a franchise is a structure comprising a licensed trade mark or brand, established systems and support to operate and build a business. The purchaser (franchisee) buys a licence to operate the franchise business through his or her own business structure but within the parameters of the head franchisor’s existing systems. The licence entitles the franchisee to access the franchisor’s standard procedures, administrative and marketing systems and training.

Franchises are governed by the Franchising Code of Conduct which sets out rights and responsibilities that apply to franchisors and franchisees. It is important for the parties to be aware of their obligations under the Franchising Code of Conduct when entering into a franchise agreement.

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. A lease agreement should be formally prepared and reviewed by an experienced lawyer to ensure fairness between parties. Many potential lease disputes can be avoided when all terms and conditions are clear and complete.

Debt recovery

Debt recovery is an unfortunate but common situation experienced by many businesses. There are various ways to pursue an unpaid debt including the commencement of Court proceedings or by serving a statutory demand under the Corporations Act 2001. Choosing the most cost effective and appropriate method is important to avoid costly mistakes. An experienced lawyer can assist in making the debt recovery process easier.

Insolvency

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.

Commercial disputes

Commercial disputes can often be resolved without expensive litigation and Court proceedings. If disputes are managed effectively from the start, parties have a better chance of avoiding excessive cost and stress. It is always recommended that an experienced lawyer review your situation to explain the most appropriate and cost-effective way to resolve a commercial dispute.

If you need assistance, contact one of our lawyers at [email protected] or call 03 9338 8511 for expert legal advice.