Business and Commercial Law

Our commercial lawyers are highly experienced and can assist you with transactional matters (buying and selling businesses), ongoing business advice and assistance with setting up business structures including companies, trusts, partnerships and joint ventures.

Our lawyers are also experienced in specialised areas such as franchising, employment law, licencing and business disputes and litigation.

Buying and Selling a Business

Buying or selling a business requires careful planning to ensure the terms and conditions are properly negotiated and documented in a formal contract. It is important that the contract also accurately details each party’s rights and obligations, deal with the issue of GST and set out processes to manage various contingencies.

Your contract and incidental agreements such as associated commercial lease or hire agreements should also be properly reviewed by a solicitor prior to any settlement. This process will hopefully avoid any disputes or disagreements both during the transaction and after the sale/purchase has been completed.

Franchises

Franchises are governed by a Franchising Code of Conduct, which sets out the rights and responsibilities that apply to franchisors and franchisees. It is important for the parties to be aware of these obligations when entering into or terminating a franchise agreement.

Business Structures

Deciding on a business structure is an important consideration for all commercial ventures. The structure through which you operate your business should be chosen having regard to your personal and financial circumstances and involves a balancing between personal risk and associated on-going costs.

BHM Lawyers can advise you in relation to the following structures:

    • Sole trader;
    • Partnership;
    • Company;
    • Corporate Trustee and trusts.

Other types of Agreements

In certain circumstances, other types of agreements may also be fundamental to the success of your business these include supply / service agreements, partnership / shareholder agreements, licence agreements, employment contracts and loan agreements.

Commercial and Retail Leases

Commercial and retail leases set out the legal terms and conditions through which the business may occupy premises to run the enterprise. Whether you are a lessor or lessee, a lease agreement should be formally prepared and reviewed by an experienced lawyer to ensure a balance of rights between the parties. Many lease disputes can be avoided with careful drafting to ensure all terms and conditions are clear and complete.

Debt Recovery

There are various ways to pursue an unpaid debt including serving a letter of demand or a statutory demand under the Corporations Act 200,1 or as a last resort commencing formal debt recovery court proceedings. BHM Lawyers will provide you with professional and cost effective advise in relation to your debt recovery matter.

Insolvency

Insolvency arises when a company cannot pay its debts as they become due. Directors of companies facing cashflow problems should immediately obtain legal advice to ensure the best possible outcome for the company and to mitigate the potential risk of personal liability for insolvent trading.

These are just some of the matters you might encounter as a business owner or company director.

We appreciate how important your business is to you. At BHM Lawyers our objective is to understand how you and your business operate so that we can work alongside you and provide professional, reliable and timely advice during the life of your business.

Our experienced solicitors can provide you with advice in relation to the following:

  • Sale and Purchase of a Business;
  • General Commercial/Business Law advice;
  • Corporate Trustee and Family Trust Structures;
  • Commercial and Retail Leasing; and 
  • Litigation including Debt Recovery and Contractual Disputes.

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Batemans Bay: (02) 44726377

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