Commercial Lawyers Melbourne

Our commercial lawyers have a  wide range of experience & expertise in Business Law. 

Business Lawyers Melbourne

Our commitment is to provide our clients with the best level of service, and to deliver effective, focused commercial legal advice, that is great value for money.

In business you will need to deal with a variety of different entities:

  • Employees
  • Suppliers
  • Distributors
  • Customers
  • Lessors/Lessees
  • Partners
  • and any other entity that you interact with during the course of normal business.
Business and commercial law - Commercial Lawyers Melbourne - man with digital screen open in front of him

Business Advice & Support

Whatever the stage you are at in your business, we can assist with expert legal advice on structuring, planning and managing risk in your business, both now and into the future.

Whether you are:

  • Planning to start a new business
  • Managing an existing business
  • Growing your business rapidly
  • Wanting to sell your business
  • Downsizing your business
  • Needing to close down your business

Our experienced Commercial Lawyers in Melbourne can advise and draw up the necessary documents and agreements that you can rely on in your business.

If you are worried about your business, our Business Lawyers can give you sound advice on how to take the next step to enforce your rights if you find your business in dispute.

Business Contracts

All businesses need strong agreements between the parties. What are the types of Business contracts available?

 

  • Building Contracts
  • Consultancy Agreements
  • Confidentiality Agreements
  • Co-ownership Agreements
  • Distributor Agreements
  • Employment Agreements
  • Franchise Agreements
  • Leases

 

  • Licence Agreements
  • Liquor Licence Agreements & Liquor Licence Applications
  • Loan Agreements
  • Managed Investment Schemes
  • Mortgages
  • Partnership Agreements
  • Related Party Agreements and Related Party Loans
  • Sale of Business
  • Shareholders Agreement
  • Share Sale Agreement
  • Service Agreements
  • Sponsorship Agreements
  • Disclaimers – Trading Terms (back of invoice)
  • Unit Holders Agreements
  • Unit Sale Agreements

What makes a business contract legally binding?

Business contracts or commercial contracts are legally binding agreements between two or more parties, which set out the rights and obligations of the parties about a particular transaction, arrangement or other business dealing.
Business contracts may apply to one-off transactions or to an ongoing arrangement that lasts for many years.
What makes them legally binding is the intention of each party to the transaction, their agreement to the terms of the transaction, and payment of a consideration. The contract should be in writing, but can still be binding if oral, but harder to enforce if there is a dispute in the future . See below for Oral contracts.

If a party defaults on any of the terms of a commercial contract, our Commercial Lawyers Melbourne can swiftly act to protect your interests and reduce your damages.
For more information see our heading under Litigation. If you need advice, contact our Business Lawyers Melbourne now? Call us for a confidential chat.

Legal Entities

It is essential for your business to trade in a well-constructed group of legal entities.
This gives you more flexible options to distribute income, so that you can minimise any charges and taxes levied on your business.
You can read more about building well structured legal entities in our Legal Structures section, but if you need urgent legal assistance now, please do not hesitate to contact our Commercial Lawyers for an urgent confidential chat.

Commercial Lawyers Melbourne FAQs

 

Q. When is a contract established?

A binding contract is established when an offer is made by one party to another in exchange for a consideration, and the offer is accepted and payment is made.

Q. Is an oral agreement legally binding?

It is much easier to prove the existence of a written contract, and its terms, than a verbal contract.

An Agreement can be oral or in writing. However, if there is a dispute in the future, it is easier to litigate and enforce through the courts when an agreement is clearly written down as evidence of each party’s intentions in the agreement. 

In an oral contract, the intention to create a legally binding contract can be understood from the wider circumstances and the environment whereby the alleged agreement had taken place. An example of this could be two parties who have met in the presence of their legal representatives, at a series of formal business meetings. In this instance the parties could be said to have had an intention to create a legally binding relationship. 

If you are unsure if you have an agreement, you can speak to one of our experienced Commercial lawyers.

Q. When is a contract not enforceable?

There are some circumstances that create doubt in what seems to be a binding contract, and may render the contract not enforceable, such as:-

Lack of Capacity: one of the parties to the contract did not have the mental capacity to agree to the terms of the contract at the time of the agreement;
Misrepresentation: one party entered into the contract on the basis of misrepresentation made by another contracting party;
Non-disclosure: facts relating to the contract were not disclosed to all contracting parties.
Duress: one or more parties enter into the contract after being forced, pressured or threatened to sign the agreement.

If you think that any of these circumstances are applicable to your situation, and you want sound business legal advice, contact our Commerical Lawyers Melbourne for a confidential chat.

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