Business and Commercial Law

Purchase and sale of businesses  

Whether you plan to go into business for the first time or whether you've been there before, the chances are that you will need sound legal advice. There are many lawyers who you can choose to assist you. At Benjamin and Robinson Solicitors our lawyers have the legal knowledge as well as the the hands on experience to strategically advise you of your rights.

We can and often do work closely with you and your accountant to determine the correct business structure for you, to undertake a thorough due diligence, analyse the GST considerations and negotiate favorable lease terms. We do so in a timely and thorough manner.

Partnerships

Many small businesses operate as partnerships. Some do and some don’t have formal partnership agreements in place. The common law and the Partnership Act offer a basic regime for partnerships, but with a formal Partnership Agreement you get the added advantages of being able to regulate termination issues, notice periods, sale of partnership shares, holidays and business succession. Benjamin & Robinson Solicitors have had years of experience assisting clients with structuring the right Partnership Agreement for their businesses and we would be pleased to assist with yours too.  

Family, discretionary and unit trusts

A trust structure is often a wise way of doing business. A trust can take an important place in the proper planning of a business structure and in protecting your valuable assets. There are different features of different types of trust. You need the proper legal and financial advice to select the right trust vehicle for your purposes, which we can certainly help you with.

Corporate Structures

A limited liability company is a common and sensible business structure for many types of business. A company is a separate “legal person”, it can sue and be sued in its own name and it can hold assets or borrow money in its name.  

As with trusts, there are usually greater legal and taxation compliance issues to consider and therefore greater set-up costs and ongoing annual fees. However, those apparent disadvantages may often be offset by the tax and asset protection features that these structures offer. Trusts are typically headed up by a company known as a corporate trustee.   

Benjamin and Robinson Solicitors would be glad to assist in the detailed analysis of your business and legal affairs to help formulate and establish the correct business structure for your needs. That is what we have done for several years now, for many successful and satisfied clients.  

Joint ventures

Joint ventures are sometimes a relatively simple way of combining various business parties in a common enterprise. Such a business enterprise may well be a “one-off” transaction such as a land redevelopment, but the rights and duties that flow-on from such ventures need to be carefully and expertly examined, and then documented.   

Benjamin and Robinson Solicitors have worked with “syndicates” of builders and developers and even land-owners in a number of successful joint venture arrangements in the past. We have the experience and know-how to assist in a whole range of different joint venture arrangements.   

Legal Advice

We can advise you on a range of legal documents including:

Sale of business agreements;
Contracts for Sale of Land;
Contracts for Sale of Chattels;
Employment agreements;
Retail and Commercial Leases;
Franchise Agreements;
Equipment Leases; and
Hire Purchase agreements.  

We can also assist with other important legal advisory and compliance issues such as advice upon superannuation obligations; payroll; industrial/workplace relations and occupational health and safety matters.  

If you are starting out and can’t afford a detailed written advice on each of these areas, our experience and foresight tells us to at least point out to you these areas of consideration. Often in the haste of establishing or acquiring your new business venture you miss things. We can potentially save you a lot of grief and tens of thousands of dollars by pointing your mind in the right direction.

Contact one of our business lawyers / commercial lawyers / corporate lawyers now on (02) 9547 1733 to get the expert legal assistance you deserve.

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