If you are in business, you will appreciate the importance of quality legal advice that presents value for money. Whether you are just starting out on your venture, looking to grow an established business, or getting ready to sell up and retire, we can help. We provide professional advice and guidance for a range of business and commercial law matters, including:
- buying and selling a business
- business structures – partnerships, trusts, and corporations
- partnership/shareholder and joint venture agreements
- commercial lease agreements
- debt collection
- commercial disputes and litigation
A partnership is a relationship between people carrying on a business with a common view to making a profit and includes incorporated limited partnerships. The relationship between business partners can deteriorate if they do not understand their duties, roles, and obligations, or when times get tough. Accordingly, if you are in a partnership, it is essential to have a partnership agreement in place.
A partnership agreement is a contract between all the partners in the business. It outlines each partner’s duties and responsibilities and sets out processes to manage important matters such as making business decisions and for resolving disputes. A partnership agreement should also outline what happens when a key partner wishes to exit the partnership, or when an unexpected event such as the illness, bankruptcy, or death of a partner occurs.
Commercial and retail leases
Commercial and retail leases contain legal terms and conditions through which a business may occupy premises to run an enterprise. Typical provisions include, but are not limited to, the area to be leased (including the use of common areas, amenities, carparking, etc.), the permitted use of the premises, the term of the lease and any options to renew, the rent payable, methods to be used for rent increases and arrangements regarding fit-out of the premises.
A lease agreement should be prepared and reviewed by an experienced lawyer to ensure fairness between the parties. Potential lease disputes are minimised when the terms of the agreement are clear and complete, and the parties understand their rights and responsibilities.
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. Recovering a debt could be as simple as issuing a well-drafted letter of demand from your lawyer. Choosing the most cost effective and appropriate method is important to avoid costly mistakes and an experienced lawyer can assist in making the debt recovery process easier.
Many commercial disputes may be resolved without expensive litigation and court proceedings. If disputes are managed effectively from the start, the parties generally have a better chance of achieving a more efficient and cost-effective resolution. We recommend having an experienced lawyer review your situation to explain the most appropriate way to resolve a commercial dispute.