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Commercial Lawyer with clients.

In the high-stakes world of business, navigating the legal landscape without a seasoned guide isn’t just risky—it’s a recipe for disaster. While many lawyers claim to understand commercial law, true expertise is as rare as a flawless contract.

Enter Ben Waldeck, the Commercial Lawyer who doesn’t need to consult a textbook to explain the intricacies of commercial law in plain English. In an era where your company’s future can hinge on a single clause or a cleverly structured agreement, can you afford to gamble with a legal team that’s still grappling with the basics of business law?

Why Choose Ben as Your Commercial Lawyer?

In today’s complex business environment, your company’s most valuable asset isn’t just your product or service—it’s the legal framework protecting it. Ben Waldeck is a true Commercial Lawyer who doesn’t just understand your business; he helps shape its future.

Imagine a legal expert who can craft a shareholders’ agreement as easily as he can navigate the maze of consumer protection laws. Ben Waldeck isn’t just fluent in legalese; he’s equally comfortable discussing corporate governance, regulatory compliance, and strategic business structuring. This rare blend of commercial acumen and legal expertise makes him the indispensable ally every business needs.

From ambitious startups to established corporations, Ben tailors his approach to fit your unique business DNA. He doesn’t offer cookie-cutter solutions; instead, he architects bespoke legal strategies that align perfectly with your business model, growth trajectory, and risk profile.

But Ben’s expertise goes beyond reactive problem-solving. In a landscape where yesterday’s standard practice can become tomorrow’s legal pitfall, he’s your forward scout, identifying potential issues before they materialise. His proactive approach to risk management means you’re not just protected—you’re poised for success.

With Ben Waldeck as your Commercial Lawyer, you’re not just hiring legal counsel; you’re partnering with a visionary who understands the intricate dance between law and business. In a world where the legal implications of your next business move could make or break your company, can you afford anything less?

Choose Ben Waldeck, and watch your business thrive on a foundation of rock-solid legal expertise.

Commercial Law Services

Company Structuring

Craft the perfect legal framework for your business operations.

Selecting appropriate legal structures (company, partnership, trust)
Ensuring compliance with relevant regulations
Explaining implications and benefits of each structure

Corporate Governance
Build a transparent, accountable, and compliant organisation.

  • Establishing effective internal control mechanisms
  • Implementing corporate policies and board structures
  • Ensuring compliance with the Corporations Act 2001 (Cth)

Consumer Protection Law

Navigate the complex landscape of consumer rights and business obligations.

  • Understanding obligations under the Australian Consumer Law (ACL)
  • Drafting consumer contracts and warranties
  • Handling consumer disputes and product liability issues

Legal and Regulatory Compliance

Stay ahead of the ever-evolving regulatory environment.

  • Guiding businesses through industry-specific compliance frameworks
  • Minimising non-compliance risks
  • Mitigating potential legal consequences

Commercial Agreements

Secure your business relationships with airtight contracts.

  • Drafting and negotiating shareholders’ agreements
  • Creating partnership agreements and non-disclosure deeds
  • Developing employment agreements

Contract Termination

Exit agreements strategically and safely.

  • Advising on contract termination processes
  • Minimising risks and liabilities in dispute situations
  • Guiding businesses through changing circumstances

Dispute Resolution

Resolve conflicts efficiently while protecting your interests.

  • Negotiation and mediation expertise
  • Litigation support when necessary
  • Strategic approach to minimise business disruption

Share and Business Sales

Maximise value and minimise risk in business transactions.

  • Assistance with deal structuring and due diligence
  • Negotiation support
  • Drafting legally sound agreements for buying or selling

Debt Recovery

Recover what’s rightfully yours without burning bridges.

  • Employing various legal strategies for debt recovery
  • Negotiation and mediation support
  • Initiating legal proceedings when necessary

Your Partner in Commercial Law Success

In a business world where the only constant is change, you need a Commercial Lawyer who stays ahead of the curve. Ben Waldeck offers legal strategies that not only protect your interests but fuel your growth in today’s dynamic marketplace.

Serving businesses across Australia, from Brisbane and the Gold Coast to Sydney and Melbourne, Ben provides leading commercial law guidance and advice.

Ready to build an unshakeable legal foundation for your business?

Contact Commercial Lawyer Ben Waldeck today and empower your venture with expert legal support that’s as strategic and forward-thinking as you are.


Frequently Asked Questions

What is the Best Legal Structure for My Business?

The best legal structure for your business depends on various factors, including your business goals, taxation considerations, liability concerns, and future growth plans. A company structure is adequate for most businesses as it offers limited liability protection to shareholders and is relatively easy to set up. Operators may also benefit from discretionary or unit trusts, which can add another layer of asset protection and tax benefits.

What are the Benefits of Incorporating a Company?

Incorporating a company provides limited liability protection, separating personal and business assets. By operating a company, business operators can enhance credibility and quickly transfer ownership of some or all of the shares via share sales. However, companies have additional compliance requirements and may be subject to higher tax rates.

How can I ensure Corporate Governance in My Business?

To ensure corporate governance, you can establish effective internal control mechanisms and protocols, such as implementing corporate policies, creating proper board structures, and implementing audit and reporting systems. Company secretaries work with the board to assist with compliance. Good governance promotes transparency, accountability, and compliance within your organisation.

What are my obligations under the Australian Consumer Law (ACL)?

The Australian Consumer Law requires you to provide accurate product information, meet safety standards, avoid misleading or deceptive conduct, and handle consumer complaints effectively. Failure to comply with these obligations can result in legal consequences, including financial penalties, reputational damage, and potential disqualification of directors.

How can I Protect my Business from Consumer Disputes and Product Liability Issues?

To protect your business, you can draft consumer contracts and warranties that comply with consumer protection laws, ensuring transparent and fair terms. Implementing proper risk management strategies and compliance procedures minimises the risk of disputes and regulatory action by ASIC.

Which Commercial Agreements do I need for my Business?

Depending on your business activities, you may need a shareholders’ agreement, services agreement, supply agreement, non-disclosure deed, or employment agreement. You may also need a terms of use agreement and a privacy policy for your website or app.

How can I Terminate a Contract without facing Legal Consequences?

Terminating a contract is a severe action. While contractual terms often provide the rights and obligations of the parties regarding termination, a party may elect to terminate the agreement if another party repudiates the contract. You must seek legal advice from a commercial lawyer before terminating a contract.

How can I Resolve Commercial Disputes with Minimum Disruption to my Business?

It is becoming more common for commercial contracts to have dispute resolution clauses. Review your contract to check if a process is stipulated under its terms, which may include negotiation, mediation, or arbitration. Alternatively, a court may order the parties to undertake the dispute resolution process before commencing litigation. The parties may otherwise agree to such a process.

What Should I consider when Buying or Selling Shares or a Business?

Consider due diligence, valuation, deal structuring, assets & liabilities, and terms when buying or selling shares or a business. It would help if you were careful when signing a term sheet or heads of agreement because, adverse to many people’s beliefs, they can be legally binding.

How can I Recover Outstanding Debts owed to my Business?

Recovering outstanding debts can be done through negotiation, mediation, or legal proceedings. Employing effective debt recovery strategies helps maximise the chances of successful recovery and minimises financial losses.

What are my Obligations as an Employer under Employment Law?

As an employer, your obligations include: Comply with the National Employment Standards. Comply with the Fair Work Act 2009 (Cth). Contribute to employees’ superannuation. Pay wages and withhold income tax. They are providing a safe work environment and adhering to anti-discrimination laws. Ensuring wages are paid and proper leave entitlements.

Frequently Asked Questions

What is the Best Legal Structure for My Business?

The best legal structure for your business depends on various factors, including your business goals, taxation considerations, liability concerns, and future growth plans. A company structure is adequate for most businesses as it offers limited liability protection to shareholders and is relatively easy to set up. Operators may also benefit from discretionary or unit trusts, which can add another layer of asset protection and tax benefits.

What are the Benefits of Incorporating a Company?

Incorporating a company provides limited liability protection, separating personal and business assets. By operating a company, business operators can enhance credibility and quickly transfer ownership of some or all of the shares via share sales. However, companies have additional compliance requirements and may be subject to higher tax rates.

How can I ensure Corporate Governance in My Business?

To ensure corporate governance, you can establish effective internal control mechanisms and protocols, such as implementing corporate policies, creating proper board structures, and implementing audit and reporting systems. Company secretaries work with the board to assist with compliance. Good governance promotes transparency, accountability, and compliance within your organisation.

What are my obligations under the Australian Consumer Law (ACL)?

The Australian Consumer Law requires you to provide accurate product information, meet safety standards, avoid misleading or deceptive conduct, and handle consumer complaints effectively. Failure to comply with these obligations can result in legal consequences, including financial penalties, reputational damage, and potential disqualification of directors.

How can I Protect my Business from Consumer Disputes and Product Liability Issues?

To protect your business, you can draft consumer contracts and warranties that comply with consumer protection laws, ensuring transparent and fair terms. Implementing proper risk management strategies and compliance procedures minimises the risk of disputes and regulatory action by ASIC.

Which Commercial Agreements do I need for my Business?

Depending on your business activities, you may need a shareholders’ agreement, services agreement, supply agreement, non-disclosure deed, or employment agreement. You may also need a terms of use agreement and a privacy policy for your website or app.

How can I Terminate a Contract without facing Legal Consequences?

Terminating a contract is a severe action. While contractual terms often provide the rights and obligations of the parties regarding termination, a party may elect to terminate the agreement if another party repudiates the contract. You must seek legal advice from a commercial lawyer before terminating a contract.

How can I Resolve Commercial Disputes with Minimum Disruption to my Business?

It is becoming more common for commercial contracts to have dispute resolution clauses. Review your contract to check if a process is stipulated under its terms, which may include negotiation, mediation, or arbitration. Alternatively, a court may order the parties to undertake the dispute resolution process before commencing litigation. The parties may otherwise agree to such a process.

What Should I consider when Buying or Selling Shares or a Business?

Consider due diligence, valuation, deal structuring, assets & liabilities, and terms when buying or selling shares or a business. It would help if you were careful when signing a term sheet or heads of agreement because, adverse to many people’s beliefs, they can be legally binding.

How can I Recover Outstanding Debts owed to my Business?

Recovering outstanding debts can be done through negotiation, mediation, or legal proceedings. Employing effective debt recovery strategies helps maximise the chances of successful recovery and minimises financial losses.

What are my Obligations as an Employer under Employment Law?

As an employer, your obligations include: Comply with the National Employment Standards. Comply with the Fair Work Act 2009. Contribute to employees’ superannuation. Pay wages and withhold income tax. They are providing a safe work environment and adhering to anti-discrimination laws. Ensuring wages are paid and proper leave entitlements.