Gold Coast Commercial Lawyers

ABKJ provides general commercial, corporate and small business advice.

What is Commercial Law?

Commercial Law relates to the rights, relations and conduct of persons or businesses engaging in commerce, merchandising, trade and sales. It deals with everything from sole traders to small businesses and even large corporations.

ABKJ's Commercial Lawyers

Our Gold Coast commercial lawyers' extensive experience in dealing with both large and small businesses, with widely varying needs, means we can advise our clients on almost any issue that may arise.

Whether your business is large or small, established or just starting out, ABKJ Lawyers offer comprehensive legal and business advisory services to meet your needs. Contact us today to find out how we can help your business.

ABKJ's commercial solicitors provide advice, assistance and reputation in the following areas:

Commercial Litigation

It is not uncommon for disputes to arise within a commercial setting. Commercial disputes can occur between two parties within the same company, or external parties with whom you have business dealings with. ABKJ's commercial litigation lawyers have assisted businesses of all sizes around the Gold Coast by providing experienced and professional legal advice relating to your business dispute matter, including:

• Contractual disputes
• Enforcement of intellectual property rights
• Body corporate matters
• Debt recovery matters
• Partnership disputes
• Shareholder and director disputes
• Employment disputes

What does a commercial lawyer do?

Commercial lawyers or business lawyers provide advice relating to legal matters and deal with issues pertaining to commercial transactions. They may review paperwork relating to companies, partnerships or trusts, particularly contracts, and draft business documents. They also prepare due diligence reports.

The documents they prepare may be related to establishing or dissolving a business, merging two businesses, creating sales contracts, establishing non-compete clauses or changing a business's organizational structure. When necessary, a commercial lawyer collaborates with their clients, other lawyers, accountants, or government agencies to prepare various types of documentation and paperwork, or complete transactions. They often engage in negotiations on behalf of their clients.

Why does a business need a commercial lawyer?

A commercial lawyer assists with the legal, financial and commercial aspects of running a business and provides expert advice on a range of areas. Here are some of the circumstances in which you may need a commercial lawyer.

1. Setting up a company

When starting a company there are a range of legal documents that you will need in place to ensure your compliance under the Corporations Act 2001 (Cth). Commercial lawyers can assist in reviewing and drafting company documents such as your company’s constitution, shareholders agreement, partnership agreements and employment agreements, as well as important guidance on Business Structures. 

2. Reviewing a shareholders agreement

A shareholders agreement is an essential document for any new company. The document outlines the rights and responsibilities of shareholders, and assists with the management of potential risks and disputes. It is vital to the success of your business that the agreement is reviewed by a lawyer. A commercial lawyer can review your shareholder agreement as well as help you determine the class of shares you will distribute to your members.

3. Purchasing or selling a business

A commercial lawyer can assist in reviewing and drafting your business purchase or sale agreement. This is an essential document that stipulates the terms of the purchase or sale, and will ensure that the contract is favourable to all parties and will reduce any likelihood of conflict associated with the transaction.

Selling a business can be a challenging task as the process can be time consuming and complicated. There are a number of factors to consider when selling your business, such as the value of your business, finding buyers for your business, negotiating the sale and preparing the contract etc.

Business lawyers are professionals who specialise in buying and selling businesses. They can help you understand legal and government requirements and make the process of selling your business less stressful.

4. Purchasing, leasing or selling commercial property

If you are in the market to either purchase, lease or sell a business premises, it is always beneficial to consult with a commercial lawyer before signing an agreement. Depending on the nature of the lease, the agreement may run for many years, as a result you should be fully aware of the terms before signing the agreement.

5. Legal issues for online businesses

With any online business it is essential to have in place legal documents such as a Privacy Policy and a Website Terms and Conditions of Use.

Specifically, a Privacy Policy is a document that states how your business will deal with the personal information it collects. A Privacy Policy covers how personal information is collected, what the personal information is used for, and how the personal information is stored and managed. You must use a Privacy Policy if your business or company collects personal information online or directly from your customers. A Privacy Policy is required by law if your business falls within one of the criteria set out in the Privacy Act 1988 (Cth).

Website Terms and Conditions of Use includes how users can use your website, what is prohibited and a disclaimer to limit your liability for your website. If you are selling goods and services on your website, you are required by Australian Consumer Law to state your business service standards and have terms and conditions on your website. This Website Terms and Conditions of Use also allows the operator to set out the rules for using their website, protect their intellectual property and limit their liability for the website.

Engaging a commercial lawyer will further ensure that your online business is legally compliant.

What are the major business structures?

The most common types of business structures in Australia are:

• Sole trader
• Company
• Partnership
• Trust

If you are thinking of starting a business, you will need to look at the advantages and disadvantages of each different business structure and work out which structure best suits your needs. Before deciding which business structure to use, it is important you seek advice from a professional business adviser, a lawyer or an accountant.

Why choose ABKJ as my commercial lawyer?

ABKJ Lawyers has been conducting business on the Gold Coast since 1970 and provide a comprehensive range of legal services to its clients, which include large corporations, local authorities and institutions as well as many small business and private individuals located throughout the Gold Coast, Queensland, interstate and overseas. While being one of the larger and longest established firms on the Gold Coast, they have not lost sight of the necessity to maintain sound personal relationships in dealing with all clients.

For all matters of Business and Commercial Law contact us today.