Business Law & Lawyers
Services provided by business lawyers are primarily aimed at the problems encountered by businesses and business owners.
Business or Commercial Lawyers understand all the problems encountered by small and medium sized businesses and know how to resolve those problems.
If you need help from a business lawyer, then please complete our free Legal Enquiry Form on the left or click here.
The expertise of Business Lawyers extends to almost every facet of commercial life including transactions and commercial matters pertaining to:
• Commercial Sales and Purchases
• Property Finance
• Leases
• Loans
• Business Contracts and All business transactions
• Industrial and Warehouse premises
• Offices and Retail premises
• Auctions
• Freehold Land
• Leases
• Shops
• Offices
• Retail Units
• Pubs and RSL Clubs
• Restaurants, Cafes and Hot Food Takeaways
• Hairdressers
• Assignment of Leases
• Rent Reviews
• Service Charges
• Lease Terminations
• Lease Renewals
• Surrender of Leases
• Option Agreement
• Licences to Assign
• Licences to Sub-let
• Licences for Alterations
• Rent Deposits
• Security Bonds
• Re-mortgaging or re-financing
If you need help from a business lawyer regarding any business contract or business transaction, then please complete your free Legal Enquiry Form on the left or click here.
If you are considering a business sale or purchase, Business Lawyers can assist you through the entire process from the initial negotiations through to due diligence and drafting the sale/purchase contracts. The work of business lawyers includes:
• Advising on share sales vs asset sales
• Advising on share purchases
• Preparing relevant documentation
• Confidentiality agreements
• Due diligence enquiries
• Warranties and terms of payment
• Employment matters
• Restrictive covenants
• Commercial conveyancing
Business lawyers are simply professionals who have experience with and knowledge of issues surrounding the starting and running of a business. They are typically generalists who have a working knowledge of a wide range of issues, from copyright and trademark to tax and employment law.
A successful business owner needs a good business lawyer and most of the time a business owner will not be fully converse with all aspects of business law. The use of a business lawyer will help in setting up a business, during the life of the business and if you do decide to sell the business, help can be given here as well.
If you need help from a business lawyer, then please complete our free Legal Enquiry Form on the left or click here.
Whenever a legal issue arises that involves your business, the recommended approach is to seek the advice of a lawyer. Lawyers provide legal guidance. This doesn’t mean that they can make your business decisions for you. A lawyer should identify legal issues of concern to you or your small business, tell you what the business law says about these issues, and advise you on how to address them. As well as being involved in the setting up of the business and helping you during the running of the business, a business lawyer can help you with the sale of your business.
Businesses interact in many and varied ways. To name just a few types of business transactions, there are contracts, mergers, acquisitions and leasing. How these transactions are carried out is overseen by Business Law. Additionally, how businesses are formed is a large part of Business law.
If you have a legal matter and require the experise of a specialist business lawyer then please complete our free Legal Enquiry Form on the left or click here.
Buying from overseas
Many legitimate businesses located overseas provide goods and services to Australian consumers without difficulty. However, there are some traders who may try to take advantage. It is important that you read any contractual terms that apply to your purchase. Protect yourself.
If you need help from a business lawyer regarding any overseas business contract or overseas business transaction, then please complete your free Legal Enquiry Form on the left or click here.
Further Resources - Business Law & Lawyers
NEWS & FURTHER INFORMATION - BUSINESS LAW & LAWYERS
As of 1 January 2011, Australia has a single, national consumer law: Australian Consumer Law (ACL). The ACL includes unfair contract terms law, law guaranteeing consumer rights when buying goods and services, product safety law, law for unsolicited consumer agreements, rules for lay-by agreements and new penalties, enforcement powers and consumer redress options. The ACL applies nationally and in all states and territories.
Business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods and provision of services.
Please complete your free Legal Enquiry Form to request immediate legal assistance on your legal matter.
Your Legal Enquiry Form is fast, free and easy to use and will be treated as Private and Confidential at all times.
History of Business Law
1800s
Prior to Federation, all the colonies had company legislation based on the English Companies Act of 1862. Despite the common origins in the English statute, however, variations in the legislation developed around the country and it was not until the late 1950s that a momentum towards a uniform company law began to build.
1886-1889
Federal Council of Australasia introduces, but fails to pass, 2 uniform companies bills. The Australasian Joint Stock Company (Arrangement) Bill 1897 allowed joint stock companies to make arrangements with creditors in other colonies, while the Australasian Corporations Bill (introduced 3 times in 1886, 1888 and 1889) would have provided for the registration in other colonies of corporations whose activities extended beyond one colony. (Source: FCA. 'Journals and printed papers', & 'Official records of debates')
1887-88
Dr WE Hearn drafts a Code of Commercial Law for Victoria but it was never adopted. (Source: G. Davidson, The Rise and Fall of Marvellous Melbourne)
1901
Section 51 (xx) of the Commonwealth Constitution 1901 provides for the federal Parliament to legislate in the area of "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". States continued to legislate for the incorporation (establishment) of companies.
1906
Australian anti-trust laws begin with the Australian Industries Preservation Act 1906 designed to protect a local manufacturer against the International Harvester Company. Part of the legislation was declared invalid by the High Court in its very first challenge in 1909 in Huddart Parker & Co Pty Ltd v Moorehead and was effectively rendered unworkable by a further successful challenge in 1913 in Adelaide Steamship Company Limited and Others v The King and the Attorney-General of the Commonwealth.
1961-62
A uniform Companies Act based upon the Victorian legislation by the States and the Commonwealth (for the ACT, NT and PNG) was passed. However, in subsequent years the various jurisdictions did not co-ordinate amendments.
1965
Trade Practices Act creates a Commissioner of Trade Practices and a Trade Practices Tribunal to examine business agreements and practices to determine whether they were contrary to the public interest.
1971
Because of constitutional difficulties highlighted by the High Court in its decision in Strickland v. Rocla Concrete Pipes Ltd, the Restrictive Trade Practices Act is passed which repeals the Trade Practices Act 1965 and confines itself to trading corporations.
1974
The Senate Select Committee on Securities and Exchange (the Rae Committee, Parliamentary Paper no. 98/1974) recommends the establishment of a Commonwealth regulatory body with responsibility for the securities industry.
Signing of the Interstate Corporate Affairs Agreement by NSW, Victoria and Queensland. The participating states amended their companies legislation to ensure a large degree of uniformity.
New Trade Practices Act repeals Restrictive Trade Practices Act 1971. Using the corporations power the act covers monopolies, mergers and consumer protection issues within trading corporations. The States and Territories still need to pass fair trading legislation to cover activities outside trading corporations eg in small businesses. Section 7 of the act replaces the Office of the Commissioner of Trade Practices with the Trade Practices Commission.
1976
Trade Practices Review Committee (Swanson Committee) report (P.P. no. 228/1976) confirms the Trade Practices Act and makes recommendations re boycotts etc which were implemented by the Trade Practices Amendment Act 1978 and the Trade Practices Amendment Act (No 2) 1978.
1978
Establishment of a national companies co-operative scheme. Under this scheme the Commonwealth Parliament enacted the Companies Act 1981 applying in the ACT and the States passed legislation giving effect to the Commonwealth law in their jurisdictions. The uniform law was generally known as the Companies Code. The Commonwealth also established the National Companies and Securities Commission (NCSC) to oversee and co-ordinate the scheme. While the scheme delivered uniformity of text, in practice the enforcement and administration of the scheme was not uniform, as this was the function of the 8 state and territory corporate affairs commissions.
1987 Senate Standing Committee on Constitutional and Legal Affairs in its report The Role of Parliament in relation to the National Companies Scheme in April 1987 (P.P. no. 113/1987) concluded that the cooperative scheme had outlived its usefulness. It unanimously recommended that the Commonwealth introduce comprehensive legislation to assume responsibility for all areas covered by the existing scheme. The Committee's recommendation was founded on an opinion of Sir Maurice Byers, QC, which asserted that the Commonwealth had the power to enact comprehensive legislation covering company law, takeovers and the securities and futures industries.
1989
The Commonwealth passes the Corporations Act 1989 to establish a national scheme of companies and securities regulation based upon the corporations power. The Australian Securities Commission Act replaces the NCSC with the Australian Securities Commission.
1990 High Court declares part of the Corporations Act 1989 invalid. In New South Wales v. The Commonwealth (the incorporations case) the Court held that section 51(xx) relates only to 'formed corporations' and that as a consequence it was constitutionally invalid for the Commonwealth to rely on the section to legislate in respect of the incorporation of companies.
In response, the Alice Springs Heads of Agreement was concluded in Alice Springs on 29 June 1990, by representatives of the Commonwealth, the States and the Northern Territory. Pursuant to this agreement, the Commonwealth passed the Corporations Legislation Amendment Act 1990 to apply to the Australian Capital Territory pursuant to s 52(i) of the Commonwealth Constitution, and the States and the Northern territory passed acts applying the Commonwealth Law in their jurisdictions, via State legislation entitled Corporations ([name of particular State]) Act 1990 and the Corporations (Northern Territory) Act 1990, respectively. The uniform law, now known as the Corporations Law, was to be found in section 82 of the Corporations Act. The Commonwealth undertook to compensate the States for loss of income from State regulatory bodies with the ASC taking over sole administrative and regulatory responsibilities for corporate law.
1993
Hilmer report (National Competition Policy) recommends extending competition policies to more business and government sectors on a nationwide uniform basis.
1995
Competition Policy Reform Act abolishes the Trade Practices Commission and the Prices Surveillance Authority, and establishes the Australian Competition and Consumer Commission (regulatory body) and the National Competition Council (advisory and research body). The Act also amends the Trade Practices Act 1974 to extend the scope of the competition provisions to include Commonwealth, State, and Territory government businesses. The States are also to pass uniform mirror competition legislation.
2001
To remedy deficiencies in the framework of corporate regulation revealed by the High Court decisions in the cases of Re Wakim; ex parte McNally and The Queen v Hughes, a national Corporations Act is passed. The act substantially re-enacts the existing Corporations Law of the ACT as a Commonwealth Act applying throughout Australia. The Commonwealth was referred the constitutional power to enact this legislation by the Parliaments of each State.
2003
Review of the competition provisions of the Trade Practices Act (Dawson report) recommends that competition provisions should protect the competitive process, rather than particular competitors, and that competition laws should be distinguished from industry policy.
2009
The Commonwealth passes the National Consumer Credit Protection Act 2009 to bring consumer credit within Commonwealth control
2010 The Competition and Consumer Act 2010 renames the Trade Practices Act 1974
If you need legal advice regarding Business Law, then please complete your free legal enquiry form on the left, and we will put you in touch with a Business Law lawyer nearest you, who can help you with Business Law.
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Building order finds 'hazard to human life': Awning in new Sydney development in danger of collapse
Mon, 18 Oct 2021 09:50:15 +0000
Government inspectors find potential "serious defects" in the 15-storey Baulkham Hills Modena complex in Sydney's north-west, including an awning in danger of collapse, according to a building work rectification order.
Sandalwood oil distilling process in use since ancient times finally gets an upgrade
Mon, 18 Oct 2021 08:55:17 +0000
The world's largest sandalwood processor is now home to the first continuous steam distillery after retiring a method "basically the same" as the one used in ancient Egypt.
Truck driver accused of spitting on and assaulting police at border checkpoint refused bail
Mon, 18 Oct 2021 08:29:42 +0000
A Victorian truck driver accused of assaulting police officers at a South Australian border checkpoint after being asked to show proof of his vaccination status is refused bail.
'I didn't want to bid farewell': Russians who filmed movie scenes in space return to Earth
Mon, 18 Oct 2021 08:13:11 +0000
The Soyuz MS-18 space capsule, with Russian ISS crew member Oleg Novitskiy and filmmakers Yulia Peresild and Klim Shipenko on board, lands in a remote area in western Kazakhstan after a 12-day film stint on the International Space Station.
Guilt-free scallops on the menu as Abrolhos fishery bags sustainability tick
Mon, 18 Oct 2021 06:54:38 +0000
WA's Abrolhos Islands scallop fishery is the first in Australia to be certified as sustainable — and fishers hope the new rating will boost domestic and international sales.
'Inconceivable': Inquiry says Australia needs new laws to avoid another Juukan Gorge disaster
Mon, 18 Oct 2021 04:06:30 +0000
A parliamentary inquiry into the destruction of the Juukan Gorge rock shelters recommends new laws to protect thousands of sacred sites across Australia.
Sydney, Melbourne and Brisbane petrol prices are going through the roof. This is why
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Motorists in Sydney, Melbourne and Brisbane are facing record high petrol prices at the start of this week, thanks to strong global oil demand and stubbornly low production levels.
Film production to take off in Cairns
Mon, 18 Oct 2021 01:15:10 +0000
Film production in Far North Queensland gets a boost with the Queensland government giving the green light to the construction of a film studio in Cairns.
ASX regains lost ground on takeover frenzy
Mon, 18 Oct 2021 00:17:00 +0000
Australian shares have gained after a rise on Wall Street and a $4 billion takeover deal involving poker machines giant Aristocrat Leisure and South Korean steel giant POSCO lobs a $815 million bid for Senex Energy. Shares faded after China handed down mostly softer economic data.
Court rejects appeal against multi-billion-dollar Narrabri Gas Project
Sun, 17 Oct 2021 22:43:15 +0000
The NSW Land and Environment Court paves the way for work on the project, after it dismissed an appeal brought by neighbouring farmers.
'I wouldn't have sold our family home': Helen lost everything fighting the ATO. A bill of rights may have saved her
Sun, 17 Oct 2021 20:58:40 +0000
Calls are growing for the federal government to legislate rights for taxpayers and reverse the onus of proof so that taxpayers are no longer deemed guilty until they prove themselves innocent.
Costly gift that could land you on the wrong side of the law
Sun, 17 Oct 2021 20:23:21 +0000
Police are urging people to check the law before they spend hundreds of dollars on a gift that may not be able to use.
Djambawa Marawili is fearful about loss of his culture if elders die from COVID-19
Sun, 17 Oct 2021 20:08:11 +0000
Indigenous leaders in remote communities want governments around the country to stick with COVID-19 movement restrictions until most First Nations people are vaccinated, to prevent the virus spreading "like a bushfire" to their regions when borders reopen.
Katie will never earn more than she does now. But between rent and saving, home ownership is 'impossible'
Sun, 17 Oct 2021 19:33:12 +0000
It hasn't been this expensive to rent in Australia since 2008. House prices climbed twice as fast as rent during the pandemic, putting the dream of owning a home beyond reach for many.
Welcome to the world of 'electro modding', where classic cars are reincarnated as electric vehicles
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Converting classic cars to electric vehicles is booming in popularity. Here's what it costs, how long it takes, and what cars are the most suitable.
ABC announces independent review of complaints handling processes
Sun, 17 Oct 2021 13:01:41 +0000
The review will examine how well the ABC manages external complaints and feedback about compliance with its own editorial standards, while considering factors such as training, remedies and actions taken.
Gold Coast facing a public transport 'pivot point'
Sun, 17 Oct 2021 00:48:22 +0000
Gold Coasters are being warned that "it's not possible" to maintain their current dependence on cars, with congestion set to double in the next decade.
New COVID-19 exposure sites in regional SA after truck driver tests positive
Sun, 17 Oct 2021 00:07:57 +0000
SA Health has identified three new exposure sites in Bordertown and Waikerie after another Victorian truck driver tested positive to COVID-19.
Kylie Sterry loves her Tesla, but 'range anxiety' is holding others back when it comes to electric vehicles
Sat, 16 Oct 2021 22:07:48 +0000
Dr Kylie Sterry hopes that soon she will be able to make the 450 kilometre trip to Perth without any notice as the West Australian government plans to bolster electric vehicle charging stations in the 2.6 million square-kilometre state.
After 'underwater cars' and pop culture spoofs, Adelaide twin brothers set sights on cinema
Sat, 16 Oct 2021 21:42:45 +0000
Known for the world's first underwater car and Harry Potter vs Star Wars skits, this Adelaide pair are set to move from the mobile screen to the silver screen.
Joyce's Gladstone coal trains pledge 'shock' news to Brisbane port workers
Sat, 16 Oct 2021 20:57:04 +0000
The Port of Brisbane is vying for coal trains not to be redirected through a new Inland Rail route.
Hillgrove mine heads south as gold prices rocket sky high
Sat, 16 Oct 2021 20:51:24 +0000
Underground mining is expected to start at the New South Wales site, opening 100 job vacancies for the region.
Bill shock warning as global energy crisis fuels record price surge
Sat, 16 Oct 2021 20:24:09 +0000
A leading energy provider predicts household energy bills are set for a shock as surging international prices for gas put upward pressure on costs for the fuel in Australia.
'We've done what we can': Tasmanian businesses adjust to life in lockdown
Sat, 16 Oct 2021 20:09:03 +0000
Businesses in southern Tasmania were caught by surprise when a snap three-day lockdown was announced on Friday afternoon. They're adapting their services to get by but also warn financial support may be needed.
Central Goldfields hits paydirt amid business and property rush
Sat, 16 Oct 2021 03:17:08 +0000
The Central Goldfields community is experiencing momentous growth with new businesses opening their doors across the shire.
These news come from Latest business news.
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