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Business & Commercial Law

Business owners in Australia face various challenges and opportunities and must understand their legal obligations under a range of rules and regulations. Whether you are starting your business journey, growing an enterprise, or facing a legal issue, we can help.

Commercial and Retail Leasing

Is your lease coming to an end or are you looking for new premises to rent? Do you own commercial premises that you want to lease out? We can help whether you are a landlord or tenant and whether your leasing arrangements are commercial or retail.

A commercial lease governs the relationship between a landlord and tenant regarding the tenant’s occupation of commercial premises to run its business. The lease sets out the terms of the agreement reached, the rights and responsibilities of each party, and should also cover a range of contingencies to deal with certain events.

A retail lease is essentially a lease for premises that fall within the definition of ‘retail’ under retail leasing legislation. These laws require lessors to provide prospective tenants with certain disclosure documents, to follow set processes during negotiations, and to ensure that the terms of the lease comply with prescribed requirements.

A well-drafted lease agreement with clear terms puts the parties on the same page at the beginning of the relationship and helps avoid leasing disputes down the track. We can assist with drafting, reviewing, and negotiating the terms of a proposed lease agreement as well as lease renewals, transfers, assignments, and sub-letting.

Purchase and Sale of Business

When you buy or sell a business, there are a myriad of elements to consider so that your contract is sound, and your legal obligations are met. We can give you the expert advice you need to ensure your contract contains all the essential documentation such as inventories, leases, financial statements, and any entitlements that roll over at settlement. You may need to consider the suitability of and transfer arrangements for commercial leases and service contracts and the transfer of intellectual property such as business names, trademarks, and domain names. Employment arrangements for existing employees, transfers, offers, redundancies, and the calculation of leave and other entitlements are also important matters to consider.

In many cases, it’s a good idea to consult your accountant when buying or selling a business and we can work with them to help structure your transaction to provide an optimum outcome and to protect your interests.

Contract Review and Advice

Your business negotiations and transactions should be documented in legally binding agreements. Business contracts might include those for the provision of goods and services, terms of trade, shareholder agreements, employment contracts, and distribution agreements. We can prepare, review, and negotiate a range of business contracts to ensure that your rights are protected and that important provisions are not overlooked.

For assistance, contact [email protected] or call 02 9002 0520.