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Business Law

Running a business means making decisions that have impacts in the future. At Forge Legal we are specialists in all areas of business law and can assist you with all business law matters.

How much does a business lawyer cost?

Use our online calculator to estimate the cost of a business lawyer.

Cost of a Business Lawyer

How our business lawyers can help

Starting or Finishing a Business

From business structures to succession planning our business lawyers can help you in all aspects of starting or finishing a business.

Business Structures

Choosing the right business structure to suit the needs of your business or commercial enterprise is extremely important.

Buying or Selling a Business

Buying or selling a business is one of the biggest life decisions you can make. Our expert business lawyers will guide you through it all.

Business Partnerships

Our business lawyers will help you understand what you can get out of a partnership so it positively impacts your business.

Agreement

Contracts

It is important to seek legal advice for any drafting, reviewing, disputing or negotiating of contracts to ensure your best interests are kept.

Commercial Leases

From drafting leases to resolving disputes our business lawyers are experts in commercial lease agreements.

Domestic Violence Order

Business Disputes

Unfortunately business disputes do arise. Protecting your business is of utmost importance and we are committed to ensuring the integrity of your business remains untouched.

Commercial Disputes

Our lawyers have over 30 years of experience in advising and advocating on behalf of parties in a broad range of commercial disputes.

Financial Assets

Court Litigation

Business matters sometimes result in litigation. Our lawyers’ top priority is fighting for your bests interests in the event of facing the court.

Debt Recovery

We are experienced in providing advice and representation in debt recovery proceedings across a broad range of industries.

Insolvency

Our lawyers are experts in all areas of insolvency law. When times are tough for your business we can get you through with positive outcomes.

Business Health Check Calculator

Business Legal Health Checker

Our free 7 minute survey will probe the 6 common areas we find small business' often fall down in. And we will present you a customised report identifying which areas are more exposed to risk than others.

We can help you with your business

Forge Legal’s business lawyers are specialists in all areas of business law and can assist you with all business related legal matters.

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Frequently asked questions

An important consideration when you are starting a business is where you hope your business will be in 10 to 15 years from now, rather than just what you need right now. By having an idea of where you want your business to go in the future, you will be able to cater your initial choices to suit your goals for the business. This could be in relation to which business structure you choose, who you hire or whether or not you choose to seek legal advice.
Closing a business can take time depending on the business’ size and structure. It is therefore important to plan ahead if you are considering closing your business. You may also wish to seek legal advice to help you close your business, however some general steps for closing a business include:

Setting a date to officially close your business. Planning ahead is crucial for a successful closure of busines, so by setting a closure date, you can let your employees, suppliers and customers know as early as possible.

Considering your employees. If you are thinking of closing your business, you must notify your employees and finalise their employment before your business closes. You will be responsible for paying your employees’ entitlements such as any outstanding wages or accumulated leave.

Informing your customers and suppliers. You must inform your suppliers that you will no longer need their services from the closing date, as well as paying them any outstanding amounts. You should also inform your customers by posting a notice on your shop front, your business’ website or let them know in person. You could also hold a closing down sale to sell off your stock.

Ending your lease agreement if your business has one. Depending on the conditions of your lease, you may still have to pay rent until the terms of the lease end.

Selling your assets and paying outstanding bills. Business assets include outstanding stock, tools, equipment, machinery, property and premises, furniture, patents or trademarks, licenses, etc.

Settling your tax and legal responsibilities. When you close a business, you should consider if Capital Gains Tax (CGT) or Goods and Services Tax (GST) apply. You may need to include CGT or GST in the price of your business’ assets that you sell. You may also need to assess insurance requirements, lodge final tax returns, cancel other tax registrations or cancel your business name.

Keeping records. Even once you have closed your business, you should keep your business records, which includes financial records and customer and employee records. Generally, you must keep these records for a minimum of five years.
Taking people on face value when purchasing a business without conducting proper checks and balances is fraught with financial risk. If you are considering purchasing a business, you should conduct necessary due diligence to ensure you understand the nature of the business being purchased. Engaging in a suitable due diligence process allows you to investigate the relevant aspects of the business, such as its structure, operations, financials, assets, existing customer and client base, existing contracts and any liabilities or risks.
Many elements are taken into account to determine the value of a business. This includes the financial history, cash flow, the value of assets and equipment, the condition of the store, lease terms, location of the store, any competitors and the current economy. Transactions of similar companies are also considered.
The simplest way to cancel your will is by replacing it with a newly created one. Your will can also become cancelled if there are changes in your life such as entering a new marriage or de facto relationship, or separating or divorcing your spouse or de facto partner.
Contracts can be written, oral or a combination of both written and oral terms. However, it is recommended to have a written contract so parties involved can ask questions about the terms before they sign. Written contracts also provide the court with exact terms of the contract if a lawsuit occurs.
A breach of contract occurs if one party doesn’t perform their required obligations under the contract. If you breach a contract you can be exposed to a number of different actions from the other party. Court imposed actions often result in an award for damages for financial losses.
Commercial leases tend to last longer than home rental leases, averaging at about three years. If your business does not have a proven track record, you may like to negotiate a short initial lease of one-year, followed by two-year options once your business starts to grow.
A partnership comprises of two or more individuals carrying a business that are all equally responsible for managing the business. Partners generally share profits and losses of the business and are jointly liable for the debts of the partnership.
In general partnerships, all partners are equally responsible for the management of the business and for the payment of its debts. In limited partnerships, one or more of the partners are limited in their responsibility to pay the debts of the business.

Our award-winning lawyers

Hayley Kennedy Family Lawyer

Hayley Kennedy

Hayley delivers expert legal advice across all areas of Family Law and Wills and Estates, also providing advice in many areas of Property Law, Civil Disputes and Criminal Law.

Tracey McMillan Family Lawyer

Tracey McMillan

Tracey is direct and strategic but compassionate. Tracey goes the extra mile and genuinely takes each of her matters to heart, treating them as if she were representing her own family.

Cameron Martin

Cameron is a passionate family lawyer and gets great satisfaction from assisting his clients through and after separation. He also practices in domestic violence, criminal and traffic law.

Trusted by thousands of clients

With Forge, it’s all about the customer. What I see there is a team of people who go above and beyond. That is what makes it special.

Dale Ristovski

Forge care about people’s needs. They want to be involved and they want to care what your situation is.

Peter Talbot

A legal firm that’s willing to treat you like a human. Forge made me feel like everything was going to be all right.

Stephen Pastor

Very impressed. The expertise and consultation was far better than I’ve ever experienced before.

Cherelle Swann

I was fortunate to use Forge who dealt with my family situation with professionalism and compassion.

Emmanuel Sakellaris

I made a great choice to go with Forge Legal.

Cam Brooks

If you need a law firm that actually cares and does not treat you like a number, I highly recommend Forge Legal.

Craig Clarke

Need to talk to a business lawyer?

Please contact us to find out more about how our award-winning and respected business lawyers can make a positive difference in your business.

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