Business & Commercial Lawyers Sydney

Our business lawyers in Sydney can provide legal advice in relation to a range of legal services, including the acquisition and sale of a business, commercial premises, start-ups, new and joint ventures, as well as trusts and partnerships. Additionally, we can provide advice on shareholder agreements and director’s duties and legal liabilities.

Buying and Selling a Business in Sydney NSW

If you are buying or selling a business in New South Wales, you will benefit from the advice of experienced Sydney commercial lawyers. The complexity of a business sale or purchase depends on the nature of the industry and operations, employment arrangements, whether there is intellectual property involved in the sale, the size and location of the business, as well as the relevant statutory and regulatory requirements.

Business Purchase Buying Lawyer

If you are buying or selling a business, our commercial solicitors suggest that you speak to us at the earliest stage to assist with the negotiations themselves, as this is likely to result in the best outcome for you. There are often areas where early negotiation can save time and expense down the track.

Once an initial deal has been agreed, we can then assist with the due diligence and help you to navigate any regulatory requirements. Our Sydney business lawyers can also prepare the required documentation and guide you through every aspect of the transaction.

Director’s Duties and Legal Liabilities

Although it is relatively easy and inexpensive to start a company in Australia, it is actually a very serious undertaking. Once you are listed as a director, you automatically take on a range of duties and obligations. By law, a director must understand all the obligations imposed on them because they can be held personally liable for decisions made in their capacity as director. For instance, from the moment you assume the role of director, you owe a fiduciary duty to your company. If this duty of loyalty is breached, it can lead to personal liability which can involve both civil and criminal penalties.

A director can also be vicariously liable for the company’s breaches of the law, even if they were not personally involved in the act itself. For instance, if the company contravenes a provision of the Competition and Consumer Act, a director may be found personally liable. Penalties for these types of breaches can include millions of dollars and/or imprisonment, depending on the circumstances.

Commercial and Retail Leases

A well-drafted commercial lease with clear terms puts the parties on the same page at the beginning of the relationship and helps avoid leasing disputes down the track. Whether you are a landlord or tenant, if you are leasing commercial office space or a retail shop in Sydney or a regional area of NSW, our lease and property law solicitors can guide you through the process.

A lease typically involves a significant financial investment so, if you need a lease premises to run your business, it is important to ensure that:

• the premises is suitable for your operations
• relevant approvals / licenses are in place or can be obtained
• the commercial provisions (the term, rent and rent increases, renewal options, fit-out provisions, etc.) are suitable for your plans
• the lease is compliant with any applicable retail leasing legislation
• your legal rights are protected and there are provisions to address a range of contingencies or unforeseen events

Similarly, if you own commercial or retail premises that you rent out, you will need a carefully drafted lease agreement with terms and conditions to ensure your investment is protected.

We can assist with drafting, reviewing, and negotiating the terms of a proposed lease agreement as well as lease renewals, transfers, assignments, and sub-letting.

Legal Services for Health and Medical Professionals

We provide a range of commercial legal services for our general practitioner, dentist, and allied health clients and have significant experience in assisting healthcare professionals. One of our principal solicitors has over 15 years’ experience in the niche medico-legal area in both Australia and England, having acted exclusively for doctors, dentists and hospitals in medical negligence, advisory and regulatory work.

Our Sydney commercial lawyers can help with:

• Buying or selling a medical practice
• Service agreements
• Employment contracts
• Associateship, partnership or shareholder agreements
• Companies, trusts and SMSFs
• Property law related to buying or selling a medical practice
• Compliance policies for employment, privacy or other legal obligations

Managing and Resolving Medical Practice Disputes

It is quite common for medical groups or partnerships to be established with little or no input from solicitors. However, taking the time at the outset of a business venture to define its scope and put any agreements in writing will save time, money, and heartache if conflict arises down the line. For example, if you are entering a partnership, a formal partnership agreement covering issues like withdrawal from the partnership, dissolution and what happens to tangible and intangible assets of the practice is crucial for all stakeholders in a medical practice.

Common areas where commercial disputes in medical practices occur include:

•  The partnership agreement:
• 1. does not deal with dissolution of the partnership when one or more doctors want to leave the group; or
  2. does not address the addition of new equity partners or the effect such additions have on the shares held by the existing partners; or
  3. has no mechanism for removing a partner who has engaged in unethical behaviour or is no longer contributing to the practice group; or
  4. has no mechanism for valuing the practice if a partner wishes to be bought out or to buy another partner’s shares.
• Doctors sign an employment contract with a partnership that includes an option to become a partner but one or more of the existing partners later refuse to allow the doctor to become a partner.
• The practice group wants to merge with another practice group but is unfamiliar with the requirements to formally and legally document the merger.
• Conflicting personalities can cause partnerships to separate but no mechanism exists for distributing equipment, shared personnel, or shared patients.

Speak to a Sydney Business Lawyer

With our knowledge and experience of Sydney commercial and business law, and our specialist expertise in providing legal services to healthcare professionals, we are well placed to serve your business needs. If you need any assistance, contact one of our lawyers at [email protected] or call 02 9150 6991 for expert legal advice.

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