We understand that most small and medium businesses lack the resources of larger companies, many of which have legal counsel on staff or on retainer. We believe that size shouldn’t be a barrier to obtaining the same or higher quality legal advice. Our team of lawyers have spent their career assisting our commercial clients in a variety of areas from startup to franchising to international distribution sales and logistics.
Starting a Business
As your business lawyer we can take your business idea, products or services and integrate them into a well planned foundation. This includes providing advice on the best legal structure for your business ensuring that all the appropriate registrations, licenses, permits and tax related documents pertaining to your business are prepared in accordance with current business law.
In addition, we help business owners concentrate on growing their business by drafting and reviewing contracts, litigation, debt recovery, trade mark applications and advising on potential intellectual property and employment issues.
Many of today’s top franchises started off as small businesses. If you’re planning to set up or enter into a franchise, you will need a higher level of professional legal advice and expertise to ensure compliance with the Franchising Code of Conduct. In addition, we can help protect your rights as the franchise expands. Our legal team will help you put in the protections necessary for your business and consumers while enforcing your rights and minimising the potential for litigation.
Running your Business
Whether your business is online, offline or both, you can’t afford to operate your business without professional legal advice from qualified business lawyers. With the amount of competition, it is necessary to protect intellectual property, including any websites and Ecommerce operations, branding, trademark registration and copyright protection are some of the additional steps each business can undertake.
Knowledge of your obligations as an employer or employee, privacy laws, the pit falls of on-line transactions and marketing are essential as is arming yourselves with suitable contracts (whether of supply or purchase) to conduct day to day trading.
Also, you may not realise it, but your advertisement whether it is online, in print or any other media form can land you in hot water. Whether intentional or not, your advertisement may contain misleading claims or false statements or breach advertising regulations. Contact us before starting your advertising campaign. We can provide you with legal advice that will limit your exposure by helping you prevent misleading claims and false statements to consumers. When businesses adopt a higher standard of conduct and integrity, they are better able to develop a stronger and long lasting relationship with customers.
Contracts are an important part of any business. We cover the full spectrum of contracts necessary for your daily operations from invoices and terms of trade with your suppliers to partnerships to consumer agreements.
Most businesses need to operate from commercial or industrial premises which require either the purchase or the leasing of property. Your commercial lawyer will guide you through transacting leases or property sales to ensure all parties are satisfied, and that it complies with applicable laws and statutory requirements whether it be liquor licensing or local council approvals.
Call 02 9283 2355 to consult with a business lawyer today!
Buying and selling businesses
- Drafting and review of contracts for sale of business
- Conducting due diligence investigations of businesses and companies
- Advice about business structures
- Advising about stamp duty and capital gains tax issues
- Shareholders agreements
- Changes to Constitutions of Companies
- Trust Deeds including Unit Trust Deeds and Discretionary Trust Deeds
- Review of commercial contracts and providing advice
- Drafting commercial contracts
- Assisting in negotiations of commercial contracts
- Advising in relation to contractual disputes
- Acting in litigation involving contractual disputes
- Review of commercial contracts and providing advice
- Drafting commercial franchise agreements
- Assisting in negotiations of franchise agreements
- Advising in relation to franchise disputes
- Acting in litigation involving franchise disputes
Employee advice and agreements
- Advising business owners about employment contracts
- Drafting employment contracts
- Advising about termination of employment
- Acting in relation to employment disputes including unfair dismissal, adverse action claims
- Advise about discrimination and bullying issues in the workplace
- Investigations of complaints by employees against fellow employees
- Investigations about alleged misconduct by employees and managers
- Advising about workplace safety
- Acting for business owners and managers in work place safety prosecutions
Intellectual property protection
- Trade marks advice and applications
- Acting in trade mark requisitions by IP Australia
- Acting in relation to objections to registration of trade marks
- Advice about copyright including infringement of copyright claims
- Advice about moral rights and performers rights
- Drafting agreements to assign copyright or license copyright activities
- Advice regarding cross over claims such as passing off or misleading and deceptive conduct
- Acting in relation to copyright disputes
Trade practices and competition Law
- Advice about compliance with trade practices and competition laws and regulations
- Acting in relation to disputes
- Acting in relation to convention claims by ACCC
- Advice about obligations under the Corporations Act and compliance issues
- Acting in relation to applications to ASIC for compliance relief
- Drafting company resolutions
- Review of Constitutions of Companies and drafting amendments
- Share buy backs
- Issue of debentures
- Issue of Statutory Demands and defending against them
- Advice about company administrations and liquidations
- Acting in proceedings for winding up of companies
- Assistance in negotiations with administrators, liquidators and receivers
Commercial disputes and litigation
- Advice in relation to commercial disputes
- Acting in litigation relating to commercial disputes
- Acting in mediation of commercial disputes
- Acting in domestic and international arbitrations
- Drafting letters of demand or responses to letters of demand
- Acting for parties in debt recovery proceedings
- Acting to set aside default judgments
- Assistance in relation to negotiations with creditors including creditors agreements
- Bankruptcy applications