Commercial Law
We listen to and work with you and pride ourselves on our ability to provide pragmatic and objective commercial law advice for you to achieve your goals.
As commercial lawyers and litigators we focus on the important issues so that we can provide you with effective advice but in the most cost-effective manner. We cater to a diverse range of clients, from ASX listed companies to individuals who are looking to go into business for the first time.
We provide legal services to the construction and mining industry, including assistance with dispute resolution by mediation and arbitration.
We have extensive expertise and experience in drafting, reviewing and negotiating the entire spectrum of commercial law contracts.
We can also assist in advising you as to appropriate legal structures, as well as setting them up for you. We appreciate that it is important to work together with you to determine the best structure for you and your business – whether it be a company, a particular type of trust, a partnership or a joint venture.
If you are buying or selling a business, or shares in a company or units in a trust, we can assist you with all aspects of the transaction and provide you with advice every step of the way.
If you are buying or leasing premises, our lawyers have experience in all aspects of property law, in particular the implications of the Commercial Tenancy (Retail Shops) Agreements Act 1985 for owners and tenants alike.
We also appreciate that sometimes things go wrong, and we are able to assist you to resolve the situation. These circumstances may include:
- Deadlocks between shareholders;
- Advising directors in relation to a dead lock at board level;
- Partnership disputes; and
- Dealing with disputes between joint venture partners.
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Articles of Interest
Liquidated damages in construction and commercial contracts
Including a liquidated damages clause in construction or commercial contracts is a common way of addressing what sanctions will apply if a breach of contract arises during the operation of the contract. It is therefore important to understand exactly what is meant by...
Differences between Employees and Contractors
Businesses should have systems in place to ensure that the correct determination is made as to whether a worker should be classified as an employee or as an independent contractor. This is important as tax, superannuation and other obligations will apply depending on...
Anti-Bullying Orders made by the Fair Work Commission explained
Where a worker has been bullied by an individual or a group in the workplace, the Fair Work Commission has the power to make anti-bullying orders where there is a risk that the complainant worker will likely continue to be bullied at work by said individual or group.
Resolving Payment Disputes arising from Construction Contracts
When entering into a contract for building and construction work it is important for all parties to understand what the process is if a dispute arises over payment of money under the contract.
Deciding which business structure to use
There are 4 main types of business structures for doing business in Australia, each with their own advantages and disadvantages. A person can carry on business as a sole trader, partnership, trust, or company.
Intellectual Property and your Business
Intellectual property (“IP”) can be described as “the property of your mind” or “proprietary knowledge”. There are various types of IP, such as inventions, trademarks, designs or the practical application of your idea (discussed below). A business’s IP is usually a...