Setting up a new business can raise a range of queries about the options for the operating entity.  Should it be a company?  Or a trust?  Are there regulatory licencing or accreditation requirements? 

Many businesses are required to meet industry-specific requirements. The requirements include licensing, minimum governance standards, disclosure and standard operating procedures ("SOP").

At some point, any successful business owner needs to plan for how they will transition out of the business.   It could be a sale to a new buyer, or in a family business handing over the reins to the next generation.  

There are lots of issues, including the transfer of control, transfer of ownership, management of clients and customers, staff, tax issues, licensing and accreditation issues, and a raft of other things to consider.  

We are adept at managing all these matters – with sensitivity, expertise and diligence.

We represent individuals and businesses (small and large) alike who find themselves involved in commercial disputes.   We encourage clients to consult with us at an early stage of a dispute, because often a dispute can be resolved at an early stage through appropriate advice and action.  

We also encourage clients to consider alternative methods to resolving their disputes, for example, through mediation or informal settlement conferences. 

Commercial Litigation and Alternative Dispute Resolution

Are you looking to buy, sell, lease, licence, mortgage, charge or gift an item of property? 

Commercial transactions take many different forms.  The deal could be between a company and an individual or business-to-business.  It could involve a relatively inexpensive asset, or equipment worth millions of dollars.   It could involve professional services such as consulting advice.

We can put together deals from inception, and help take you through the entire process until settlement.

Companies, trusts and partnerships or joint ventures all need properly drafted constituent agreements and policies to ensure that they run smoothly, reduce legal and operational risk, and comply with any legal or regulatory requirements.  

In addition, the proprietors need to have common expectations about how the business will be operated.  

These things should be recorded in documents which canvases a range of topics which are likely to arise in the course of operation of the business – some such topics are central to all businesses (such as entry of new proprietors, exit or retirement of current proprietors, control and decision-making) and some topics are pertinent to the specific industry.  

We have an established history in advising both executors and beneficiaries alike navigate the complexities associated with the administration of deceased estates.  This may include probate applications, letters of administration and other intestacy issues.

Our solicitors also act as executors from time to time for complex family estates, where there is a need for an independent professional executor.  

We also act in contested estate matters (inheritance family provision claims), representing executors and claimants.

Unfortunately, there will be occasions when a business cannot continue to trade due to insolvency.   We are able to guide clients who find themselves in this position and can put them in touch with insolvency practitioners who can offer specialist advice on such matters.  

We can also act for liquidators, trustees in bankruptcy and other insolvency professionals in relation to such matters.

Intellectual Property takes many forms including patents, trade marks, designs, copyright and confidential information.  Intellectual Property is a valuable asset of any business and it is often critical to the fundamental operation and protection of the business.  

Despite the importance of Intellectual Property, it is often misunderstood, and not always easy to identify, secure, manage and protect.  Our very experienced  Intellectual Property team is here to help with all of your Intellectual Property needs.  Whether it be identification / management, acquisition, licensing, protection or enforcement, we can advise and assist.

Our Practitioners have been recognised in Best Lawyers and Doyle's Guide.

Family transactions about assets, loans or other liabilities can be complicated for a variety of reasons!  It is very important that a commercial-based approach is adopted.  There may be a desire to do the transaction "informally" but this should not mean cutting any corners.

Private lending involves an in-depth understanding of property and securities law, the Personal Properties Securities Act, the National Credit Act, the Credit Code and real property law.  Having previously acted for banks and credit unions, we bring all that insight and meticulous attention to detail to your situation. 

Nearly every business owner will, at some stage, enter into a commercial lease.   We represent both landlords and tenants, so we know what to look out for, when reviewing a lease for a client.   

We are skilled at honing in on the critical aspects of the document, and identifying areas for negotiation or amendment.  

We act for large and small shopping centres, individual landowners, large commercial tenants, small tenants, and franchisees.  We can assist you with new leases, extensions and renewals, negotiations, disclosure obligations under statute, surrenders of lease, and registration of leases at the Lands Titles Office.

Capital gains tax and stamp duty can apply to a range of business or personal transactions.  Careful structuring and advice can help navigate the taxation law requirements, and avoid any unexpected outcomes.  

Given the complexity of such taxation issues, we have the capacity to bring in specialist taxation consultants to work with us, as needed.

We can establish discretionary trusts, unit trusts and hybrids, and superannuation fund deeds.

We are very familiar with the legal and fiduciary obligations that apply to trustees, and we can advise trustees and beneficiaries accordingly.  

We can assist you with variations to trust deeds, deeds of vesting, deeds of retirement and appointment of trustees, and associated documentation.

It is highly recommended that you have a Will, power of attorney and advance care directive. 

We pride ourselves on simple, easy-to-read, plain-English estate planning documents.  

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