Corporate/Commercial

We can guide you through the legal and regulatory elements of business and the complex rules governing business practice in Australia.

Our services include:

Company Law

The most commonly used business and investment structure in Australia is the company. Our lawyers can provide expert advice in relation to all aspects of company structures and the corporations law, including:

  • The incorporation of companies including constitutions, appointment and resignation of directors, allotment of share capital
  • The issuing of shares and share buy-back schemes and documentation
  • Company reductions of capital
  • Drectors duties, liabilities and rights of indemnity
  • Shareholders rights

Acquisitions and Divestments

We believe that the key to a successful acquisitions and divestments rests upon a thorough understanding of the commercial operating forces, coupled with well prepared supporting documentation that achieves that successful commercial outcome.

Our lawyers are skilled at providing thorough due diligence that may relate to any proposed merger or divestment.

Business Structures and Restructures

Our team can provide sound advice on the most appropriate business formation and structure to suit your business activity, including:

  • Companies
  • Unit and discretionary trusts
  • Partnerships
  • Incorporated and unincorporated joint ventures
  • Managed investment schemes requiring registration under the Corporations Act

Not only can we advise on your existing structure, but we can review that structure to ensure that, from taxation and other implications, it provides the most commercially viable vehicle for your business.

Corporate Advisory

Our lawyers have a sound knowledge of commercial issues and a pragmatic approach to managing corporate matters and transactions. Our lawyers have worked for both government clients and publicly and privately held corporations, and can advise on structuring and documenting business and finance transactions.

We pride ourselves on being able to combine strength in corporations law, finance, tax, intellectual property, information technology and workplace relations.

Trade Practices

No business or company operating in Australia is unaffected by the provisions of the federal Trade Practices Act or applicable state Fair Trading Act.

Our lawyers have extensive experience in competition and consumer protection law, and can provide a range of services including:

  • advising on restrictive trade practices issues such as price fixing, third line forcing and resale price maintenance
  • advising on consumer protection issues as they may affect advertising and marketing, statutory warranties and other commercial dealings which may constitute misleading or deceptive conduct, false representations or unconscionable conduct
  • devising trade practices compliance guidelines and training programs
  • providing internal audits to identify trade practices issues

Succession Planning

We understand that proper succession planning necessitates a thorough consideration of several issues, including the structures through which the business is operated, the current management arrangements and the future wishes of those who own the business.

Our lawyers’ extensive knowledge of corporate/company law means that we can provide the appropriate documentation to amend company constitutions and trust deeds, shareholders’ agreements and formalise any other requisite arrangements in accordance with your intentions.

Procurement

We provide a range of proactive and commercially driven services to assist compliance officers, procurement officers and business managers in all facets of legal business risk.

We provide advice on the common traps to avoid in the area of procurement.

We specialise in finding ways to reduce the cost and time involved in the contracting process.

We want to support you in getting your contracts through with the least risk, and the least fuss. We know sometimes the best “legal” answer is not the best “commercial” answer. We know that lawyers often slow you down in “getting the deal done”. So we balance our advice to you, to ensure that it is practical, commercial, and realistic – to support you in getting the deal across the line, with minimum fuss, but optimum result.

We also get very practical with you on the important elements in ensuring that your outcomes of the contract are achieved for example by ensuring that service levels are tied to remedies, so you don’t have to suffer poor performing arrangements without a way out.

Aspect Legal provides, among other procurement services:

  • Review of internal contracts and documentation – review, assess and provide suggestions for documents such as terms and conditions, credit applications, confidentiality agreements, employment agreements, supply agreements, master agreements, services level agreements ensuring internal consistency
  • Review, and development, of contract management procedures to provide certainty and protect future exposure
  • Review of external contracts – highlighting areas of exposure, suggesting areas for amendments, highlight areas for review
  • Review of existing agreements – for compliance by both parties with service levels, termination dates and criteria, critical dates and critical obligations
  • Monthly retainers which provides our clients with the following benefits:
    • Far reduced risk of being sued
    • Stronger positioning for enforcing your rights
    • Internal consistency of documents – making your document process safer, easier to manage, and with an increased ability to draw benefit
    • Achieve greater returns and performance from current contracts (ensuring that service levels are enforced).
    • Provide options for enabling termination of non performing contracts
    • Protect your intellectual property