Business

 The most common types of business structures in Australia are:

• sole trader;
• company;
• partnership; and
• trusts.

If you are thinking of starting a business, you will need to look at the advantages and disadvantages of each different type of structure to determine which structure is more appropriate.  We will advise you on the best type of structures for your business based on your individual circumstances. 

 A trust is an arrangement under which a person holds property or assets for the benefit of others. A trust is beneficial for the following:

• Separates the owner of the asset  and control over that asset e.g. where the beneficiary is under age or suffers from a disability that affects their decision making.
• Provides greater flexibility for tax planning and tax purposes
• Protect assets from creditors
• Can be used as a vehicle for investing  such as to purchase real estate or a share portfolio or for trading.

We can assist you  with any of the following:

• Determining the most appropriate form of Trust for your needs
• Provide advice in relation to the various forms of Trusts
• Establishing your Trust, including preparing the Trust Deed
• Amending your Trust Deed
• Appointing and removing Trustees of your Trust
• Transferring assets held by the Trustee of the Trust

 If you or your company intends to borrow or loan another company or individual money  for commercial purposes, you must have the appropriate financial documents and securities in place to protect your interests.  We regularly assist our clients in the following areas:

• Advice on finance documents and security arrangements
• Preparation or review loan agreement and associated security documents
• Preparation of general or specific security agreements
• Registration of securities such as mortgages, caveats or personal properties registration on the Personal Properties Securities Register

A merger generally involves two companies integrating their operations, generally on an equal basis because they have resources and capabilities that together may create a stronger competitive advantage. 

An acquisitions involves one  company buying out another company completely.    

A Joint Venture is the co-operation of two or more individuals or business generally in which each agrees to share profit, loss and control in a specific enterprise.

This is a complex commercial area of business law. We are experienced in providing advice in mergers, acquisitions and joint ventures and can provide the following assistance concerning those transactions:

• Providing advice on the structure of proposed mergers, acquisitions or joint ventures
• Drafting all documents to effect the merger, acquisition or joint venture including preparation of any of the following which may be required including but not limited to Asset Sale Agreements, Share Sale Agreements., Acquisition Agreements, Joint Venture Agreements etc.
• Attending to the transfer of the necessary property.

Intellectual Property Law describes a wide range of intangible property and rights such as patents, trade marks, designs, copyright matters and brands or the application of an idea. If you have a business you need to protect your intellectual property rights.

Protecting your intellectual property can be critical if you want to build a business and establish your presence in a market. We provide you with the following assistance with respect to your intellectual property:

• Advice on the most appropriate way to protect your intellectual property.
• Assistance with registering or placing appropriate measures in place to protect your intellectual property
• Advice in licensing your intellectual property rights.

 A Trade Mark is your business brand, name or logo that is registered on the Register of Trade Marks. A trade mark is used by a business to distinguish their goods and services in the marketplace. Registration of a Trade Mark confers the following benefits on the registered owner:

• The owner is the only person entitled to use the Trade Mark for the purposes specified in the registration
• The owner has a greater chance of preventing other businesses from using the Trade Mark
• The value of the brand is increased as there is less chance of others creating and using similar brands to compete with the owner.

Registration of a Trade Mark also provides more comfort that the use of your brand will not result in you breaching a Trade Mark held by someone else. We have extensive knowledge in trade mark law and we can provide the following assistance:

• Advice on the process of registering a Trade Mark
• Advice on the suitable classes for registering a Trade Mark
• Preparation of the relevant Trade Mark registration forms, Trade Mark assignment forms and Trade Mark objection forms
• Advice and assistance with defending your Trade Mark if it is being used by another person
• Advice and assistances if someone has claimed that you are using their registered Trade Mark.

Business agreements (for example, manufacturing or distribution agreements) provide a contractual framework for manufacturers to agree to and allow distributors to distribute goods manufactured by manufacturers. Manufacturing and distribution agreements are necessary to ensure the rights of the manufacturer and distributor are protected. A clear, well written agreement is the best way to ensure your business is protected when entering into a manufacturing and distribution partnership.

Contractual agreements can range from very simple agreements through to complex arrangements, depending on the type of goods or services distributed and the industry in which the parties operate. We have experience in negotiating, drafting and reviewing manufacturing and distribution agreements at all levels of complexity, from the standard to the bespoke.  Our services include:

• Drafting and negotiation of contracts and agreements
• Tailoring of manufacturing and distribution agreements to your specific needs
• Protecting your brand and intellectual property
• Providing advice on issues relating to product warranties and guarantees.