Commercial Law

Purchase or Sale of a Business or Franchise

We thoroughly review the Vendor's documentation, advise on the present and future legal risks, negotiate on the most favorable contractual terms and evaluate the advantages and disadvantages of different business structures to complete the transaction.
Typical issues that arise include, examination of the Lease, any breaches and the ability to transfer the Lease, Restraint of Trade clauses, review of existing Contracts with suppliers and customers, Debts on stock-in-trade and equipment, Compliance with orders from Public Authorities, Employee arrangements including terminations and employment and the transfer of any applicable Licenses etc.


Business Structure

It is important to choose a structure carefully before you start your business to ensure you get the best structure and full benefits from it. It is a great example of where it is essential to get good advice before you act.

There are a myriad of possible business structures. A particular structure can bring significant commercial and taxation benefits as well as asset protection. The optimal business structure for you could be a partnership, trust, company, a sole proprietorship or a combination. Each structure has its advantages and disadvantages.

If you have already started the business using one of the structures and later on wish to change the structure, you will have to consider stamp duty implications, impact of capital gains tax and possible loss of income tax benefits.

Dispute Resolution Litigation

Dispute Resolution covers the broad field of methods of resolving disputes or disagreements without the involvement of the various Courts and Tribunals. This can be with negotiations, mediation, arbitration etc.

Disputes are a fact of life, the challenge posed is to resolve the dispute as efficiently and as effectively as possible. It is a process of quickly being able to identify where you stand, .what your options are, what is likely to be involved in the process, what the likely outcomes are and how much it will all cost.

It is critical that at the beginning your position is accurately assessed and that your legal advisor has the experience to anticipate issues that are likely to arise during the course of the dispute.

We will advise you on the full spectrum of feasible scenarios that apply to your matter and the likely costs involved.

Contracts

Before entering into a contract it is vital to fully understand its terms and conditions and the law relating to them in order that you can not only be abreast of matters on which you may be able to negotiate but also on your future obligations.

We can advise you on the terms and conditions of a commercial contract and the points on which we consider you should seek to negotiate prior to entry. Such negotiation could secure for you rights and substantial financial benefits that you may not have known you were entitled to.

We offer advice on all types of commercial agreements. 

Residential Building Disputes

Building disputes are usually unpleasant. The Builder has not done what thy should have or they simply will not finish the job and rectify the defects.


Proceedings in relation to these claims are commenced in the NSW Civil and Administrative Tribunal ("NCAT").


We have considerable experience acting on behalf of people in these circumstances including 

Security of Payments Claims

Claims for payment in relation to Construction work are governed by legislation in NSW the Building and Construction Industry Security of Payments Act.

The act regulates many aspect of such claims including numerous strict time constraints.

We have acted on behalf of a variety of builders, architects and engineers advising on and assisting with both making and responding to payment claims.