Commercial Lawyers Perth
If you are a business owner, you will understand the many challenges faced in a competitive and regulated market. Whether you are starting, expanding, or closing a business, there are numerous legal matters to consider to ensure that your business complies with its obligations and your interests are protected. Our commercial lawyers in Perth have been helping businesses like yours for many years and offer a range of services to help place your business in the best position possible to navigate a range of legal issues, opportunities, and challenges.
How our Perth Commercial Lawyers Can Help You
Contract law encompasses the laws and regulations that enforce certain promises.
When something goes wrong in a contract, such as when one party fails to perform their obligations, the rules of contract law determine how this situation can be resolved.
Property law encompasses the conveyancing and leasing of real estate, the development of land, the creation of interests in property, and all of the legal rights, powers, and duties of a person in relation to a thing (whether the thing is a car, a wristwatch, or a pet dog). It is a complex area of law affecting numerous people throughout various aspects of their lives. Our Perth commercial lawyers can assist with all your property law needs, in particular:
- Contracts for the sale and purchase of land
- Advice regarding land and development issues
- Drafting of off-the-plan strata contracts for commercial, residential, and mixed strata developments
- Building contracts for commercial builders
- Commercial and retail leasing including leases for bulky goods sites
A shareholder agreement is a binding contract between the shareholders of a company. It governs the relationship between the shareholders and specifies who controls the company, how the company is owned and managed, how shareholders’ rights are protected and how shareholders can exit the company. A robust shareholder agreement provides a framework for the transparent ownership and management of a company. If a shareholder agreement is materially breached, an aggrieved shareholder can bring a cause of action against another shareholder.
A unitholders agreement is a contract between the unitholders of a unit trust and the trustees. This agreement sets out how the trust operates and generally covers:
- the trust’s funding;
- associated commercial outcomes; and
- the duties and obligations of stipulated unitholders.
A partnership agreement is a contract between partners in a business. It should outline the duties and responsibilities of each partner, and set out how to make decisions and resolve disputes within the partnership.
A loan agreement is an agreement where one person (the lender) agrees to provide a loan to the other person (borrower). Loan agreements can be secured or unsecured. Each type of loan has different obligations and protections for borrowers and lenders.
A security is a fungible, negotiable financial instrument that holds some type of monetary value. Most commonly, a security represents ownership in a corporation in the form of stock.
Fremantle Business Purchase or Sale Lawyer
The sale or purchase of a business is often a high-stake transaction, where the terms of the sale can have far-reaching financial consequences. Whether you need a Fremalte business purchase or sale lawyer, we can help.
One common scenario is when a purchaser of a business interest is already a co-owner. In such cases, it is beneficial for there to be a buy/sell agreement in place, as this dictates how changes can be made to ownership of the business. For instance, an agreement may require that the remaining owner pay a percentage of the value in an original lump sum and the balance in regular repayments. It is a critical risk management step for any co-owner of a business to ensure that they have a realistic, flexible and enforceable buy/sell agreement.
Often the best solution to litigation is not to litigate at all, but to engage in alternative ways of resolving disputes. This is particularly important where there is a commercial advantage for both parties to reach a compromise and continue with a working relationship between businesses.
If you need help with a commercial dispute, in most cases, our commercial solicitors in Perth will first try to resolve it using an alternative dispute resolution (ADR) process such as negotiation, informal settlement conference, mediation, or conciliation. These processes are less formal than court proceedings and typically less expensive. They can provide a quicker, more flexible resolution to your commercial dispute.
Speak to our Perth Commercial Lawyers today
Our business and commercial lawyers in Perth are skilled negotiators with experience in all types of ADR processes. We will suggest the most affordable and effective way forward in consideration of your circumstances and business needs. Should ADR not deliver an acceptable resolution, our commercial lawyers in Perth are strong advocates and litigators and well-equipped to advise you on a winning strategy if your commercial dispute goes to court.