Business Law

We can provide assistance for a range of business legal matters:

  • advising on business structures
  • drafting commercial leases
  • advising on commercial leases and retail shop leases
  • preparing partnership agreements
  • advice on franchise agreements
  • establishing private companies and discretionary trusts
  • advice for company directors
  • advice on the protection of commercial assets

Business purchases and sales are major transactions with many legal facets governed by the contract of sale. The contract may include provisions on:

  • Transfer of the lease;
  • Transfer of licenses and permits required to carry on the business;
  • Rights to the business name;
  • Fixtures and fittings to be included in the sale;
  • Pricing of existing stock;
  • Warranties and representations on the sales performance of the business;
  • Restraint of trade clauses;
  • Training from the seller on running the business;
  • Access to client lists and records; and
  • Pricing of goodwill.

We can help you by examining the terms of the contract to protect your interests and negotiate amendments if necessary.

Business Sales & Purchases

There are a number of legal issues specific to business sales & purchases.

The legal structure of your business (sole trader, partnership, company or trust) is very important, as it has implications for tax, personal legal liability and availability of capital. We can advise you on what structure to take.

When preparing to sign the contract, we can also advise on issues such as the terms of the lease, your obligations under a loan agreement or personal guarantee when you obtain finance, and of course the contract itself.

If you are purchasing a franchise, please see also our detailed section below for franchising.

Business operational advice

When you are operating the business, feel free to seek our advice on further issues that may arise. We can provide advice on such area as:

  • Employer/employee relations
  • Debt recovery
  • Copyright and trademarks
  • Consumer rights and trade practices law