Practice Areas
Business and Commercial Law
Gain a comprehensive legal perspective into business practice and the commercial world and be informed of the application of law on the structure and transactions of your business which is critical to business longevity and success.
We provide a range of services that are suitable for a number of industries, such as small and medium-sized businesses, retail, listed and unlisted organisations, franchising, and real estate agencies.
Starting, Purchasing & Selling a Business
Choosing a business structure that best meets your needs is one of the most important things to evaluate when starting your own venture. We will provide you with the legal acumen to select the best business structure for you and provide you with the understanding of the legal risks that the law imposes in your business.
Any business venture carries risk, therefore making sure risk-reduction tactics are effectively applied is essential to safeguarding both your personal and business assets.
Our services can assist with the set up the right structure, getting the licenses and approvals you need, and drafting and advising you on entering into business agreements.
Purchasing an existing company carries a number of other considerations that must be taken into account, such as the viability of the business and the costs involved in the transaction. As with starting a business, one of the most important considerations is whether the business is operating under the most suitable structure.
We can guide you through this process to be able to leverage opportunities, with business decision-making and planning that is informed, confident and agile.
We are dedicated to understanding the clients business objectives so that we can swiftly offer creative yet economical solutions.
When entering a commercial agreement, it is best to be informed of the possible risks. Our guidance ensures you are aware of the laws, regulatory structure, and policies in place to minimise those risks.
We are able to prepare and advise on, but not limited to, the following types of agreements:
- General Business and Commercial Agreements, Contracts and Deeds
- Loan Agreements
- Business Purchase/Sale Agreements
- Franchise Agreements
- Licence Agreements
- Joint Venture and Partnership Agreements
- Shareholders and Unitholders Agreements
- Sale of Shares and Units Agreements
- Deeds of Settlement
- Terms and Conditions of Trade
- Employment Agreements
With our careful agreement writing and review services, you can safeguard your interests. We recognise the significance of clear, legally sound and beneficial commercial agreements.
We can assist with the setup of Companies and the establishment of Trusts. Regarding companies, we are able to offer the following services:
- Change of Company Address
- Changes to Office Holders
- Change of Company Name
- Change of Company Status
- Share Allotment
- Share Transfer
- Share Buy Back
- Share Split
- Share Traunch
- Upgrade of Company Constitution
- Members Voluntary Liquidation
- Division 7A Loan Agreement
- Company Deregistration
- ASIC Form 6010
- Company Reinstatement
We are able to prepare the following specialised Trusts:
- Discretionary Trusts
- Fixed or Non-Fixed Unit Trusts
- Family Trusts
- Property Investment Trusts
- Hybrid Trusts
- Special Purpose Trusts
- Charitable Trusts
- SMSF (Superannuation Trusts); and
- Bare Trusts
We will analyse your unique circumstance and evaluate the correct type of Trust needed by you.
We understand that Trust Deeds may also need maintenance from time to time. Additionally, we can modify Trust documents to satisfy your unique needs and adhere to legal requirements. You may need to keep up with legislative changes, vest the Trust or perhaps you wish to make modifications such as a change the trustee, appointor or may need to add/remove beneficiaries. Whatever the reason is, we are also able to assist you with the variation of your Trust Deed to suit your specific requirements.
Estate Law
We diligently craft wills that are tailored to your unique needs, in order to protect your assets and ensure the continuing well-being of your family in accordance with your wishes.
Our services ensure appropriate arrangements are in place for your asset, business and company interests that are handed down through generations. We carefully assess and consider the tax implications on the transfer or sale of your estate assets under your will.
A testamentary trust is a will that includes a trust that becomes active and existent following the death of the person who created it. Testamentary trusts and are designed to safeguard an estate’s assets because they are owned by the trust and no one person is the legal or beneficial owner of any of them. These trusts are recommended for those who have built up a substantial asset base and there is a need to preserve assets for children or grandchildren and safeguard assets from claims made by third parties. They also offer flexibility with regard to the distribution of income and capital.
We can ensure that Powers of Attorney and Appointments of Enduring Guardians are in place so that your legal, financial, and medical affairs are dealt with appropriately in the instance of you become ill, disabled or incapacitated.
Gain peace of mind knowing your wishes are in trusted hands.
If your loved one had a valid will, a Grant of Probate is required. Property cannot be distributed until you are granted probate. You will need to follow a different process if there was no valid will or if there were no executors named or able to act. This is known as applying for Letters of Administration. It is necessary to apply to the Court for a Grant of Probate or Letters of Administration.
Managing the assets and responsibilities of the deceased can be an emotionally taxing and difficult process. We are available to assist you through the process.
Taxation Law
We are dedicated to ensuring that you are meeting your taxation requirements according to regulation and to advise you on the best way to legally minimise your tax obligations in accordance with the law.
The Australian taxation system covers a wide range of situations that applies to individuals and businesses. As a result, there are many reasons why you may need taxation law advice. We can provide advice on the following taxes:
- Income Tax
- GST (Goods and Services Tax)
- Land Tax
- Payroll tax
- Fringe Benefit Tax
- Capital Gains Tax
- Stamp Duty
You may have the right to disagree with a decision made by the Australian Taxation Office and State Revenue. With our help, you can make sense of your legal stance in relation to a decision made by the Australian Taxation Office and State Revenue authorities.
We assist with:
- Private rulings
- Provide letters of advice about your tax position that you can reasonably rely on
- Preparing objections
- Applying to the Commissioner or the Administrative Appeals Tribunal (AAT) for a review or appeal against a decision on an objection under Part IVC of the TAA
- Federal Court proceedings
If the Australian Taxation Office has issued you with a letter concerning a review or audit of tax returns or business activity statements, you must respond. Having a competent, transparent and responsive solicitor that can manage the problem on your behalf and defend you against the ATO can result in you minimising your tax implications. We can guide you through the entire process.
We provide the following services:
- Dealing with the Commissioner on your behalf
- Advice relating to your taxation obligations to enable you to avoid a review or audit of your tax affairs altogether
- Managing the minimisation of the taxation implications from a review or audit
- Assistance with negotiating your tax debt
- The possibility of reducing your tax debt by facilitating the remission of interest and penalties.
- Assistance with keeping you from facing prosecution
Property Law
We provide conveyancing and a variety of property law services. Our dedicated legal services provide assistance in the sale and purchase of residential and non-residential property, all non-residential leases including commercial, industrial and retail leases, licensing of real property, in addition to providing general commercial and retail leasing advice.
For most people, purchasing a property is an exciting moment and a big decision. Regardless of whether you are purchasing a commercial endeavour, an investment property, or your future family home, our committed property law service can provide you with all of the knowledge and assistance that is needed for a seamless transaction.
Mistakes in property transactions can result in losing large sums of money if you are not guided by a property law professional. Our conveyancing service analyses every case individually leaving no room for mistakes or loss.
We will take the time to walk you through all the information you require, including information from contacting the council and other sources, GST and land tax, stamp duty, risk (and how to reduce it), title, and restrictions like easements and caveats.
All of the essential terms about the sale of your property, such as the property’s specifications, the parties involved, the asking price, and any unique circumstances like a provision needing a building inspection or subject to financing, are contained in the Contract of Sale.
To eliminate any possibility of problems with your sale, we will make sure all pertinent information is included in the Contract of Sale. We will also negotiate on your behalf with the buyer to safeguard your interests as the seller and will ensure you are kept informed during the process.
A lease is an agreement that gives the tenant exclusive rights to occupy a premis that belongs to the landlord. Commercial and retail leases, in contrast to residential leases, are tailored to each individual circumstance and involve more than just renting out a building space. If mistakes are made, your business could suffer consequences.
We are able to assist with:
- Drafting and offering advice on new leasing agreements
- Lease negotiations and disputes
- Drafting and reviewing sub-lease agreements
- Breaches of lease and lease disputes
- Rent advice
Retail leases are governed by the Retail Leases Act. Before you sign a retail lease, you should be aware that both parties are subject to certain requirements under the Retail Leases Act. If you have any question about these requirements, including your rights and obligations under the legislation, please get in touch.
