We can help you with all aspects of the law in relation to companies, from setting them up through to transferring shares or selling your business. It is important to know whether to set up as a partnership, company or incorporated association and we can help you make the right decision. Shareholders agreements are important and we have helped many businesses run smoothly through the implementation of a such agreements.
We take the time to understand why you are in business and what you are seeking to achieve. We then work with you to help you achieve your goals. We have a successful track record of conducting commercial litigation for corporate clients in the Supreme and Federal courts. We can also refer you to a voluntary administrator or provisional liquidator, and work with them, throughout the period of their engagement.
To find out more about this area of law, please see our legal questions and answers on this topic below, or click
here to see our complete list of Legal Questions & Answers.
I own a family business which I wish to grow and perhaps pass on to my children, what should I be doing?
The average life span of a business is 22 years. In Australia some 86% of businesses are family owned but only 30% survive to a second and 13% to a third generation. You need to plan for your estate, for your business and for management succession. A useful first step is to discuss matters with the various interested parties and define the issues.
If my company breaches the Trade Practices Act could any of the individual directors and managers become personally liable?
An individual who has for example, aided or abetted or been involved in a contravention of the Trade Practices Act may be personally liable for damages or subject to pecuniary penalties of very substantial amounts.
When must I register my business name?
If an entity being either an individual or a company is trading as a business under any name other than their own, then they must register the trading name as a 'business name' with the Department of Fair Trading or Consumer Affairs (or its equivalent).
Please note, an entity may need to register another business name other than their own if someone else has already established a reputation by using the entities name and the use of the entities name would be likely to mislead or deceive the public or incorrectly suggest a connection between the entity and the other person.
What is the “piece of paper” I sign to buy shares in a private company?
It is more than just a “piece of paper”! You may be taking on many hidden debts, like outstanding tax, superannuation and employee entitlements. A lawyer should be engaged to carry out “thorough” due diligence.