Small business

Whether you're just starting out, growing your business, or looking to sell, a business solicitor can guide you

What kind of solicitor?

The best chance for a new business to succeed is to get the right start with professional guidance from a solicitor. If you are starting a new business or if you need advice for the business you run, you should talk to a business or small to medium enterprises (SME) solicitor. A business solicitor can help you at every stage of your business.

Top tip

If you have a complex matter, you may need a business law accredited specialist.

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When to seek business law advice?

Should you register a business name or a trading name? What about an ABN or an ACN? Then there’s GST which you need to register for. A business solicitor will make sure you’ve covered everything you need to.

There are different business structures, including a sole trader, partnership, company, and trust. Each comes with its own obligations and responsibilities, including different tax obligations and personal liability. These can also change depending on whether you’re the owner or director. A business solicitor can help you choose the right business structure for you.

Expanding can involve moving premises, overseas companies, changing structures, signing contracts, plus much more. Speaking to a business solicitor before making any big decisions is very important to make sure your business reaches its full potential.

Eventually any successful business will need extra hands on deck. A business solicitor can help you decide whether you need employees or contractors, or both, and make sure you fulfil your obligations to them.

It is important to ensure that you consult with a solicitor before signing a contract. Too often, a seller or buyer will sign what they believe is a ‘standard’ contract but these contracts often don't adequately protect their rights.

From a seller’s perspective, matters such as the tax consequences of the sale and adjustments for liabilities such as employee entitlements and compliance with statutory disclosure obligations that apply to retail businesses need to be considered. 

A buyer needs to ensure it conducts full due diligence on the business.

Securing the right location for your business can be a game-changer. Whether you’re opening a retail shop or setting up an office, understanding your commercial lease is critical.

From negotiating terms, understanding rent reviews, and outgoings, to managing disputes with landlords, leases come with many legal obligations. Are you aware of your rights and responsibilities under the lease? What happens if you want to break the lease early or renew it? How can you protect yourself if things don’t go to plan?

A property lawyer can guide you through the leasing process, ensuring you fully understand the terms and avoid potential pitfalls—allowing you to focus on what matters most: running your business.

Top tip: You can search for property – commercial; or business and commercial law.


 

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When it comes to dealing with situations where the law is involved – speaking to a solicitor is key to making sure you get the right advice.

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