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Commercial & Property Law

Commercial Law

We care for your business just as our own

There are a number of legal requirements to consider when conducting a business in Australia. Whether you are starting, running, growing or exiting a buasiness, we are able to assist you and work with you as a team. We understand that lawyers may sometimes get in the way of business, so our solution-based approach will ensure that you achieve your goal in the most efficient and effective way. Our commercial acumen will also help you to identify potential risks and plan strategies to manage and minimise those risks.

Business Structuring

 

When starting your own business, it is important to consider the best formation and structure for you. By choosing the right business structure, you can run your business to suit your needs, where you will be able to reduce time and cost expenditures and as a result, become more profitable. Whether you want to operate as a sole trader or through a complex trust structure for assets protection, we are able to assist you.

Our experienced team can provide advice on formation and structuring of:

  • Company
  • Partnership
  • Joint Venture
  • Discretionary & Family Trust

 

Buying & Selling A Business

 

Buying or selling a business is a significant decision but we can assist you to achieve the best outcome for your interests. There are a number of factors that should be considered when purchasing or selling a business. For example, buyers should ensure that the business has registered ownership of its intellectual properties and that the proposed business structure is the most appropriate for them. They may also need to verify that any existing lease or licensing agreements are transferable and of sufficient length. Sellers should become aware of any GST or capital gains tax that is applicable and negotiate with the buyer on any length of assistance periods. We will advise you on all of these considerations and guide you through every step of the sale or purchase.

Our experienced team can provide efficient solutions to your legal needs, including:
Advice on the proposed purchase structure (e.g. sole trader, partnership or company)

  • Prepare or Review Contract of Sale
  • Negotiate on terms of the contract
  • Liaise with finance providers
  • Transfer of any existing leases or equipments
  • Licensing (e.g. liquor licensing)

 

Commercial Contract & Agreements

 

Drafting a concise and effective agreement can protect your rights in a commercial transaction. No matter what your focus is, we will help you to achieve your goal by advising on the most suitable strategy through careful planning, drafting and negotiations.

We have considerable experience with commercial matters.

Our lawyers can provide advice on and prepare:

  • Shareholders Agreement
  • Joint Venture Agreements
  • Partnership Agreements
  • Licence Agreements
  • Supply Agreements
  • Franchising Agreements
  • Employment Contracts, policies and procedures
  • Business Succession Agreements
  • Confidentiality and Non-Disclosure Agreements

 

Franchising

 

Franchising is where the owner of the business (franchisor) allows another business (franchisee) to operate under their name and brand, and sell their products or services for a specified period.

Franchising could be rewarding for business owners who are looking to expand their business, while buying a franchise could be a good alternative to starting a new business. However, it is important that the right legal processes are followed. Franchising is regulated by the Franchising Code of Conduct and franchisees will be bound to run the business according to the terms of the franchise agreement.

We can help you with all facets of franchising at any stages:

PREPARATION FOR FRANCHISING YOUR BUSINESS

  • Advise on setting up business
  • Preparation of the business structure and policies
  • Advise and protection of your intellectual property
  • Setting up the proper structure and contracts


SELLING YOUR FRANCHISE

  • Advising and preparation of franchise agreements
  • Drafting of all legal documents such as service agreements
  • Stewardship of the sale process


BUYING A FRANCHISE

  • Advise on the franchise agreement
  • Setting up your company and trust if required
  • Preparation of your company structure and policies
  • Advice on licenses and permits


ONGOING FRANCHISE NEEDS

  • Preparing and reviewing Franchise agreements
  • Franchising Code of Conduct
  • Resolving franchise disputes
  • Franchising penalties and infringements

Property Law

Creating Agile Solutions For Complex Problems

Whether you are a property developer, foreign investor or prospective homeowner, our experienced lawyers will be able to assist you in capitalising on your investments and protecting your interests.

Our property law practice possesses expertise that extends to all aspects of both the commercial and residential sphere, including developments, subdivisions, planning, and leasing. With each matter, our lawyers will identify and minimise any risk factors that you may face in order to safeguard your interests. We have extensive experience acting for a wide range of clients, including small to medium size property developers and foreign investors. We communicate in your language and bring local expertise to ensure that your legal interests are best protected.

Property Development

 

Property Development is one of our firm’s core practice groups. We have acted for developers and landowners, providing services such as advising on joint ventures, development agreements, sales and acquisition and financing.


Our services include:

  • Subdivisions

  • S173 Agreement

  • Loan and Funding Agreements

  • Preparing off the plan sale contracts

  • Other planning or development matters


 

Buying & Selling Real Estate

 

Whether you are buying or selling a home, unit, commercial property, shop, factory or rural property, we can provide a hassle-free transaction experience.

There are numerous pitfalls that you should be aware of when buying or selling a property. For example, a buyer of real property should ensure that he or she obtains a good and marketable ‘title’ to the land. Sellers should ensure that they follow the correct procedures when selling to avoid penalties or disputes with a potential buyer in the future.

Our experienced team can provide efficient solutions to your legal needs, including:
Advice on the proposed purchase structure (e.g. sole trader, partnership or company)

At Agile Legal, we have a dedicated team of experienced lawyers who can:

  • Subdivisions
  • S173 Agreement
  • Loan and Funding Agreements
  • Preparing off the plan sale contracts
  • Other planning or development matters

 

 

Leases

 

Mortages, Transfers & Other Matters

We can assist and liaise with financial institutions to deal with:

  • Loans
  • Mortgages
  • Discharges of mortgages
  • Solicitor’s certificate
  • Deposit bonds

We also provide services such as transfer of title (i.e. change of ownership for the property) and stamp duty advice.

 

Contact us for assistance with commercial & property law.