Business & Commercial Law

Working on the Mornington Peninsula we cover matters across Personal, Business and Commercial Law. We pride ourselves on being flexible, easy and most of all cost effective.

Business Law

BUSINESS & COMMERCIAL LAW

We approach each client's needs in a practical and pragmatic way. We offer a full range of business & commercial law services to clients across the Mornington Peninsula and Greater Melbourne

TAILORED SOLUTIONS

We approach each client’s needs in a practical and pragmatic way. We offer a full range of business & commercial law services to clients across the Mornington Peninsula and Greater Melbourne including:

PREMIUM SERVICES

We think it’s important to understand all aspects of your business so that we can provide the best tailored service. As entrepreneurs ourselves we know what’s important to you. Whether it’s starting a small business, negotiating with suppliers, customers or other third parties, refining your revenue model or building your team we know what’s important and how to best help you. Contact us today for a chat.

LEARN MORE ABOUT OUR BUSINESS & COMMERCIAL SERVICES

We have extensive experience helping clients buy and sell small and medium size businesses. When buying or selling a
business it’s important that the transaction is documented accurately. A typical sale of business contract will deal with
matters such as hard business assets, data sets, intellectual property, leases, employee entitlements, stock, and of
course payment and settlement terms amongst other things. We can help to make sure nothing is missed and the
transition is smooth.

When setting up your business it’s important to make sure the operating structure is sound. We provide expert advice
and implementation of the best structure for your individual circumstances from an asset protection and taxation point of
view.
We look at your business’ risk profile, family circumstances, personal asset holdings, investment asset holdings and
more to determine how to minimise your exposure to the risk of asset loss and taxation by implementing the best
business structure for you. Tools we use include:

  • Companies
  • Trusts
  • Shareholder Agreements
  • Unitholder Agreements

A trust is a legal structure that allows you to separate legal ownership from beneficial ownership of an asset. We use this
tool to protect assets from potential risk to things like claims against your business. We also use trusts to maximise tax
advantages. Both active (a business) and passive assets (shares or property) can be held within a trust to give you the
best asset protection and tax outcomes available.

We have the expertise to assist both franchisors and franchisees in all aspects of this growing business model. There’s a
large set of legislation and regulations governing the relationship between franchisors and franchisees. We can prepare
the extensive contracts and disclosure documentation that franchisors require as well as advise franchisees prior to
entering into a franchise agreement. Matters such as upfront costs and ongoing, franchise fees and head office support
obligations must be set out clearly and understood by both parties at the outset.

No matter what business you’re in it’s vital to have a clear set of terms that spell out the scope of your relationship with
your customers. We can draft a custom set of Ts & Cs to cover all the key areas like scope of works, securing payments,
limiting liability, warranties, transfer of ownership and more.

Employment law is a growing and increasingly complex area of law. Employers need to make sure they’re complying
with the ever changing landscape. We can help employers by standardising your employment contracts and offering
regular reviews to ensure both compliance and protection for your business. We can also help employees to ensure you
are receiving all rights and entitlements afforded you under law in your employment terms. Matters we routinely deal with
include:

  • Drafting contacts of employment and independent contractor agreements
  • Restraint of trade
  • Modern Awards
  • Distinction between an independent contractor and employee
  • Unlawful/unfair dismissal
  • Pay disputes
  • Exit and redundancy
  • Fair Work representation
  • Workplace disputes
  • Workplace rights
  • Workplace bullying, harassment & discrimination

We offer a full range of large and small dispute resolution services including commercial litigation and mediation. Our
services cover disputes including:

  • Shareholder agreements
  • Intellectual property disputes
  • Commercial Leasing
  • Building and construction
  • Professional negligence
  • Disputes with local councils and other statutory bodies
  • Land related disputes
  • Debt recovery
  • Bankruptcy

Commercial litigation is an umbrella term that includes many kinds of disputes arising in small and medium size
business. We can provide you with advice and representation to make sure your rights and interests are protected and
your energy is focused on continuing to operate your business whilst we deal with the dispute.

Intellectual property is the collection of rights to things you create and use in your business such as trade marks and
designs. Intellectual property may be registrable and protected, such as a trade mark for your branding. We can advise
on the registration process, handle your registration application and deal with opposition or adverse rulings. We can also
advise on licensing and sale of intellectual property rights. We handle:

  • Trade marks
  • Registered trade marks
  • Unregistered trade marks
  • Registrability advice
  • Trade mark opposition
  • Adverse rulings
  • Copyright

We’re passionate about helping founders and new business owners with their new ventures. Apart from your
groundbreaking business model or new piece of tech the most important part of your startup venture is getting the legals
right at the beginning. We’re experts in business structures, tax structures, regulation, licensing, IP, foundation
documentation, developer agreements, terms and conditions, user agreements, confidentiality agreements, capital
raising, IPO’s, seed funding, venture capital, private funding, crowd funding, investor agreements and disclosure
documents and more.
We think it’s important to understand all aspects of your business so that we can provide the best tailored service. As
entrepreneurs ourselves we know what’s important to you. Whether it’s starting a small business, negotiating with
suppliers, customers or other third parties, refining your revenue model or building your team we know what’s important
and how to best help you.

Contact us today for a chat.

Request a chat

We are here to answer your questions so if you leave a message we will get back in touch with as quickly as possible and hopefully arrange a time to chat.

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Joel W Carroll

Providing legal services to all Melbourne Metropolitan regions and the Mornington Peninsula

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Providing legal services to all Melbourne Metropolitan regions and the Mornington Peninsula