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Commercial Lawyer with clients.

 

 

Ben is committed to providing practical, cost-effective legal solutions tailored to each client’s needs. He is dedicated to ensuring that his clients receive personalised attention and high-quality service throughout the legal process. Find the commercial law services that Ben offers below.

Company Structuring:

Ben assists businesses in selecting the appropriate legal structure for their operations, whether a company, partnership, or trust. In addition, he ensures compliance with relevant regulations and helps clients understand the implications and benefits of each structure.

Corporate Governance:

Ben advises on corporate governance matters, helping businesses establish effective internal control mechanisms and protocols to promote organisational transparency, accountability, and compliance under the Corporations Act 2001 (Cth).

Consumer Protection Law:

Ben offers legal advice and representation in matters related to consumer protection laws in Australia. He assists businesses in understanding their obligations in relation to the Australian Consumer Law (ACL) that is found in the Competition and Consumer Act 2010 (Cth) and ensures compliance with fair trading practices.

Ben helps clients navigate consumer complaints, product liability issues, and misleading and deceptive conduct claims and assists in drafting consumer contracts and warranties that align with the relevant legislation to protect businesses from legal disputes and reputational damage. He also handles consumer disputes.

Legal and Regulatory Compliance:

With ever-evolving regulations, Ben guides businesses on legal and regulatory compliance obligations specific to various industries. He helps businesses navigate complex compliance frameworks, minimising non-compliance risk and potential legal consequences.

Commercial Agreements

Ben drafts, reviews, and negotiates various commercial agreements, including shareholders’ agreements, partnership agreements, non-disclosure deeds, and employment agreements. These agreements ensure clarity, certainty, and protection of the parties’ rights and obligations.

Contract Termination

Ben offers expert advice on terminating contracts when disputes arise or circumstances change, guiding businesses through the legal process and minimising potential risks and liabilities.

Dispute Resolution:

Ben assists clients in resolving commercial disputes through negotiation, mediation, or litigation. His strategic approach aims to achieve favourable outcomes while minimising disruption to business operations. Read more: Dispute Resolution and Litigation.

Share and Business Sales: 

Whether buying or selling shares or an entire business, Ben provides assistance with deal structuring, due diligence, negotiations, and drafting legally sound agreements to protect his clients’ interests.

Debt Recovery: 

Ben offers assistance in recovering outstanding amounts in unpaid debts, employing various legal strategies, including negotiation, mediation, or initiating legal proceedings if necessary.

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.

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