Corporate and Commercial Law

Corporate and Commercial Law Services

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

Offering a full range of corporate and commercial law services from business contracts and commercial agreements to corporate governance and data privacy our team provide practical and strategic solutions for your business.

To see how our Commercial Legal team can assist refer to our list of Corporate and Commercial Legal services and take our Business Compliance Health Check, below:

Our approachable business–orientated lawyers aim to provide you with strategic, practical and proactive commercial legal advice to protect your business interests.

Business Contracts and Commercial Transactions and Agreements:

Contracts and Agreements

Our Commercial Legal team can assist with drafting and reviewing your contracts and agreements. It is important that your legal documents are reflective of your business and set out how your business wants to work with others.

The types of agreements and contracts our team can assist with includes:

Supply and Distribution Agreements
Consultancy Agreements
Service Agreements
Shareholder and Sale Agreements
Joint Venture Agreements
Terms of Trade
Non-Disclosure Agreements
Hire & Rental Agreements
Confidentiality Deeds

Every business is unique and requires different levels of assistance. Our team can also assist with:

Contract variations; and
Contract negotiation.

Pre-Contractual Advice

Pre-contractual advice generally results in better-drafted contracts and sets your business up for success right from the start.

Our team can assist with:

- Preparing and assisting in the tender process;
- Contract reviews to ensure that the obligations are reflective of what is agreed to;
- Negotiations before signing the contract; and
- Tailoring contracts to suit the specific circumstances of the project.

Commercial Property and Leasing

If your business is entering into a lease agreement or you are looking to purchase or sell a business, our Commercial Legal Team can help you make a well-informed decision and advise you on your rights and obligations.

Our team can assist with:

The sale or purchase of business;
Drafting and/or negotiating new lease agreements;
Reviewing new or existing leases; and
Advice on disputes or issues relevant to the lease.

Shareholders Sale

Depending on whether you are selling or buying, there may be different issues you need to consider.

Our team can advise and assist with:

Share Sale Agreements;
Business Sale Agreements
Drafting/reviewing Shareholder Agreements and Sale Agreements;
Due diligence processes; and
Advice on any issues regarding the share sale or ownership.

Protection of Assets under the Personal Property and Security Act

If your business hires or purchases property, it is important that your assets are protected and you understand your legal rights.

Our team can assist with:

Hire Agreements;
Lease Agreements;
Conditional Sale Agreements;
Registering your asset on the Personal Property and Security Register; and
Ensuring you have the correct protection in place for your assets.

Debt Recovery

We understand business and we know how stressful it can be when you have an outstanding invoice that might mean you lose your margin.

Our team provides a proactive and speedy approach to recovering debts of all sizes, including:

Preparing and sending out a letter of demand;
Negotiating or attending to mediation on your behalf; and
Reviewing and tailoring your terms and conditions to ensure your business can achieve better cash collection.

Intellectual Property (IP)

The best way to protect the distinctive elements of your business is by registering your intellectual property (IP) and ensuring your contracts set out sufficient protection for your IP.

Our team can assist with:

Registering your intellectual property with IP Australia;
Enforcing your trademark rights and protection of copyright;
Defending a claim;
Preparing and/or reviewing IP clauses in contracts; and
Transferring IP rights between businesses.

E-Commerce

If your business operates online, there are certain legal documents that you are legally required to have in place.

Our team can assist with:

Website Terms and Conditions
Privacy Policy
Returns Policy
Import/Export Agreements
Goods/Services Agreements

International Trade Agreements

If you are looking to import and export trade our team can assist with:

Distribution Agreements
Import/Export Agreements
Goods/Services Agreements
General advice

Corporate Governance, Regulatory and Compliance Advice:

Legal Framework

Starting a business and knowing which legal structure will suit best may be difficult from the onset.

Our team can assist with:

Setting up the right legal structure for your business;
Asset protection;
Succession planning;
Re-structuring your business to cater for its growth; and
Obtaining relevant licences for your business, such as liquor licensing.

Governance

Our team advises companies, trusts, partnerships, joint ventures, charities and not-for-profits to ensure that operations run smoothly and comply with any legal or regulatory requirements.

Our team can assist with:

Preparing or reviewing governing documents such as a constitution;
Board governance analysis reviews;
Preparing or reviewing governance policies and procedures; and
Advice on regulatory compliance.

Modern Slavery Policies and Statements

The Modern Slavery Act 2018 (Cth) requires Australian entities with an annual consolidated revenue of more than $100 million to prepare and submit a Modern Slavery Statement.

Our team can assist businesses with preparing or reviewing:

Modern Slavery Statements/Reports compliant with the law;
Modern slavery and ethical trading contract clauses;
Modern slavery policies; and
Supplier questionnaires.

Not-for-Profit and Charities

At CCIWA, we are a not-for-profit (NFP) organisation, so we know the context in which NFPs and charities operate in. Our team can assist a range of NFPs and charity organisations across a variety of different industries and understand the diverse range of issues and regulations that NFPs and charities need to comply with.

We can assist with:

Setting up and registering NFPs and charities;
Providing advice on a broad range of issues;
Preparing documents such as a constitution or annual statements;
Board governance and achieving good governance; and
Tax benefit registrations, such as Deductible Gift Receipt.

Cyber Security, Data Protection and Privacy:

Privacy Obligations

Some businesses are required to have a privacy policy in place under Australian privacy laws. However, it is always good practice to have a privacy policy, as it provides confidence to your customers and staff as to how you deal with their personal information.

Our team can assist with creating a Privacy Policy tailored to your business and ensure that you are compliant with the laws and regulations.

Data Protection Agreements

Our team can assist with preparing or reviewing agreements and clauses to ensure that your contracts reflect how your business wants to protect its data.

Policies and Procedures

Our team can assist with a range of policies and procedures, including:

Data Protection and Retention;
Data Breach Policy;
Management of Incidents and an Incident Response Plan;
Whistleblowing Policy; and
Ensuring your business is compliant with data and privacy laws.

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

Email us or call (08) 9365 7560

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