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 & Business Law
- Business structuring advice (companies, partnerships, trust structures or sole traders)
- Business start-up (registering business names or corporations)
- Business contracts (drafting, negotiation, interpretation & review)
- Commercial dispute resolution and avoidance
- Due diligence
- Business succession and asset protection
- Commercial leasing and property matters
- Employment law
- Franchise agreements
- Body Corporate disputes
- Debt recovery
- Intellectual property protection -
Copyright, confidential information & trademarks
- Joint ventures
- Leasing agreements, disputes and conveyancing
- Professional negligence
- Consumer protection and trade practices issues
- Trust deeds (discretionary, unit & hybrid trusts)
- Directors' duties, corporate governance and compliance issues
- Incorporation (company start-up)
- Capital raising and corporate finance
- Shareholder and director agreements
- Corporate crime
- Winding up and insolvency
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
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
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.