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Corporate and Commercial Law

Corporate and Commercial Legal Services

Our experienced business lawyers offer cost effective legal solutions for businesses of all sizes. Working with local Western Australian businesses across a range of industries, our trusted team offer hands-on practical assistance ensuring you remain compliant and minimise unnecessary risks so that you can focus on and grow your business.

Our team have experience working with large corporations, family businesses, sole traders, partnerships and companies limited by shares.  We can assist with each commercial arrangement and the numerous laws and regulations that need to be complied with.

Offering a full range of corporate and commercial law services from commercial lease agreements and IP protection to shareholders agreements and commercial mediation our team provide practical and cost-effective solutions for your business.

See our list of Corporate and Commercial services below:

Client’s needs first, not our fees

We draw on 130 years of experience working with WA businesses
to provide practical and cost-effective commercial and corporate legal advice.

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Our Corporate and Commercial law services include:

Business Sale and Purchase
Our experienced team can assist with the sale and purchase of your business including:

• Creation of a sale or purchase of business contract;
• Review of the above;
• Negotiate the contract with all parties;
• Attend to settlement;
• Provide advice on due diligence of buying a business.

Commercial Property and Leasing
Our team can assist you with entering into a new lease or provide advice with any issues that may arise when dealing with your commercial landlord.

Areas in which our team can assist:

  • Drafting a new lease agreement
  • Review a new or existing lease;
  • Negotiate a new lease;
  • Advise on disputes or issues relevant to the lease.

Competition and Consumer Law
Every business that provides goods and services to customers must abide by Australian Consumer Laws found in the Competition and Consumer Act 2010 (Cth). These laws set out consumer guarantees that are to protect consumers buying goods and services.

Some of the areas involved in competition and consumer law:

  • Consumer protection, misleading and deceptive conduct, unfair contracts;
  • Competition law and restrictive trade practices;
  • Unconscionable conduct

Our team can provide assistance on the following:

  • Regulatory compliance
  • Consumer protection

Debt Recovery
We understand business and we know how stressful it can be when you have a customer that is not paying their outstanding invoice. Our team provide a proactive and speedy approach to recovering debts of all sizes. 

Our team will be able to provide advice to you on the steps of action to recover the debt, prepare and send a letter of demand to prompt the customer into paying and also negotiate on your behalf, a payment arrangement with the customer.   

Modern Slavery Reporting
The Modern Slavery Act 2018 (Cth) now requires that Australian entities with annual consolidated revenue of more than $100 million, to prepare and submit a Modern Slavery Statement report on a financial year basis. Our team can help create and review Modern Slavery Statements.

Our team can help businesses and organisations create or review their Modern Slavery report. Our team can also assist in the process of analysing each of the criteria that need to be met. We can provide advice on how to implement Modern Slavery changes within the business and provide templates and letters which may be provided to your team or suppliers.

Not-for-profit (NFP) and charities
An NFP or a charity can be in many forms, for example, it can be a church, school, tertiary institution, charitable aged care or community organisation.

NFP and charities have many complex rules and regulations that they need to comply with and can encounter a specific set of challenges. This particular sector faces a rapidly changing social, regulatory, governance and funding landscape, where it is necessary to always be up to date.

Our team can help with:
• Setting up an NFP or charity;
• Create or review a constitution;
• Create any other governing documents to support the type of organisation;
• Advise on any business transactions;
• Advise on internal/external structuring, for example, when 2 or more charities/NFP merge as one, or a NFP/charity transitions from incorporated associations to public companies limited by guarantee.

Contracts and Agreements
There are two aspects in which our team can help with commercial contracts: drafting contracts and reviewing contracts. There are many types of contracts and agreements, however, it is all dependent on the situation and your requirements.

A contract will set out the rights and obligations of the parties, which will include terms that are specific to the relationship of the parties and the transaction.

Here is a list of some of the different types of contracts/agreements our team can assist with:

  • Non-Disclosure Agreement (NDA): Before parties enter into a formal business relationship, a party may need to show the other party confidential information. An NDA is put in place to protect the initial conversations and the confidential information that is disclosed between the parties.
  • Licence Agreements: This may be in the form where a company may licence out their brand name and marketing strategies to another business to use however, the use of such information will be subject to the licence agreement.
  • Consultancy Agreements: A business may want to hire a third party to carry out all marketing duties. This third party, whether they are a business or individual,
    is not employed by the business but will be under the arrangement of a consultancy agreement.
  • Supply/Distribution Agreements: A business may want to purchase its stock from a supplier located interstate or internationally.  A supplier/distribution agreement will set out the transaction between the parties and ensure that the business is protected in the event that something goes wrong.
  • Hire & Rental Agreements: A business hire or rental agreement will set out all the terms and conditions of hiring the specific goods and provide the business protection in the event that something goes wrong.
  • Loan Agreements: A company may provide a loan to a third party or even to a director within the company. A loan agreement will not only set out the loan amount and time frame for the loan, but will also ensure that the person or business loaning the money is protected and has the rights to recover the loan.

Data & Privacy
If a business falls under the criteria set out by the Australian Privacy Act 1988, it will need to be compliant with the privacy laws. Our team can assist a business to ensure it has a privacy policy that is compliant with the law, and ensures that customer information has been stored and dealt with in a compliant and proper manner.

Our team can assist with the following:
• Draft a policy that is consistent with the laws.
• Advise members as to whether their policy is in line with the regulations and laws.
• Advising members on their obligations under privacy laws.

Intellectual Property (IP) and Trademark Protection
Intellectual Property (IP)
IP rights and ownership can exist in many forms as some IP is required to be registered with IP Australia or can be agreed upon in contractual arrangements.

Some of the forms of IP are:

• Trademarks
• Patents
• Copyright
• Design

Trademarks
The best way to protect the distinctive elements of a business brand is by registering a trademark. Another reason why businesses should register a trademark is the ability to assert or enforce an exclusive right against others who use marks that are similar to or exactly like the registered trademark of the business. For businesses to have a right over their trademark, the trademark must be registered with IP Australia.

Our team can assist with:
• Registering and lodging trademark;
• Enforcing a trademark right;
• Defending a claim; and
• Transferring IP rights between businesses.

Corporate Advisory
Companies whether they are listed or unlisted on the Australian Stock Exchange are governed by complex rules and regulations.

Our team can assist with:
• Advising on compliance with the Corporations Act and the ASX Listing Rules;
• Directors’ duties and liabilities;
• Share purchase and sale arrangements;
• Shareholders’ advice and agreements;
• General contractual services: drafting contracts dependent on the company’s needs;
• Advising on due diligence, structuring and restructuring;
• Providing templates such as board minutes, notices of meetings, shareholder
minutes and other necessary documents.

Shareholders Agreements
When a company (whether public or private) has shareholders, the company along with its constitution will generally have a shareholders agreement which will dictate what the shareholders can and can’t do with their shares. 

Our team can assist with: 

  • Drafting and reviewing shareholder agreements; 
  • Providing advice in relation to shareholder disputes; and 
  • Assisting the company or shareholders with a share sale. 

Commercial Mediation
Most legal disputes do not necessarily make their way to court. In fact, the majority of commercial disputes that do arise, settle before it ends up in front of a judge. Parties will generally come together to either mediate or resolve the situation to avoid court altogether. 

Although our team is unable to represent clients if their matters go to court, our team are able to act as a mediator (neutral third party) that helps both parties agree that they will work together and contribute to finding a solution to resolve the dispute. Mediation often provides a better suit to the commercial needs of the client and delivers efficient and effective results.  

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Contact us for a free consultation with one our experienced Commercial Lawyers

Email us or call (08) 9365 7660

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