Confidently negotiate and transact business agreements knowing our experienced team will be there to take care of the details.
Commercial Agreements & Transactions
Well documented Commercial Agreements are essential for the successful day-to-day running of a business and lead to operational efficiency, reduced commercial risks, greater profitability and increased business valuations.
If your company or business is involved in, or considering, any type of commercial transaction, continuing relationship agreement, acquisition or sale, our experienced Commercial Lawyers have the necessary skills and experience to ensure the deal is properly executed.
How We Help
Headed by Principal Lawyer, Amanda Crosbie, our Business & Company Law team has a reputation for providing exceptional legal advice that is timely, practical and commercial.
The team is committed to making deals happen and not to get in the way, and strive to keep the easy easy and make the complex seem simple.
We take a proactive approach by asking informed questions to identify early issues and progress your agreement or transaction in the most efficient manner possible.
Our experienced Commercial Lawyers will strive to finalise your agreement or transaction promptly and efficiently; keep you informed along the way; and ensure that all aspects of your agreement or transaction are addressed with meticulous attention to detail.
Commercial Agreements & Transactions
Our Commercial Lawyers have extensive experience in a wide range of commercial agreements and transactions, relating to:
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Companies
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Business Structures, Restructuring & Succession
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Trusts
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Business Sales & Share Sales
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Construction, Infrastructure & Projects
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Businesses Contracts
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Workplace Relations
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Real Property & Leases
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Loans & Securities
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Business Relationship Agreements
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Crowd-sourced Funding (crowdfunding)
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Mining
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Environmental Sector
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Wine Industry
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Debts & Dispute Resolution
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Intellectual Property
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eCommerce
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Other
- Incorporation of Companies
- Company Constitutions
- Shareholders Agreements
- Applications for Shares
- Capital Raising and Issues of Shares
- Share Subscription Deeds
- Corporate Powers of Attorney
- Partnership Agreements
- Deeds of Dissolution of Partnership
- Restructuring Deeds
- Asset Sale Deeds
- Asset Licence Deeds
- Deeds of Company Arrangement
- Business Succession Planning Agreements
- Buy/Sell Option Agreements and Funding Agreements
- Family Discretionary Trusts Deeds
- Unit Trust Deeds
- Bare Trust Deeds
- Declarations of Trust
- Deeds Appointing & Removing Trustees
- Deeds of Appointment of Appointors
- Heads of Agreement
- Exclusivity Deeds
- Business Sale Agreements
- Contracts for the Sale of Business
- Mergers & Acquisitions
- Share Sale Agreements
- Share Purchase Option Agreements
- Share Sale & Subscription Agreements
- Novation Deeds
- Invitations to Tender
- Master Major and Minor Works Agreements
- Framework Agreements
- Umbrella Contracts
- Civil Works Agreements
- Commercial Construction Contracts
- Design & Construction Contracts
- Residential Building Contracts
- Costs Plus Contracts
- Subcontractor Agreements
- Project Management Agreements
- Preferred Subcontractor Agreements
- Contract Variations
- Labour Hire Agreements
- Consultancy Agreements
- Standard form Business Contracts and Terms & Conditions of Trade
- Agreements for Supply for Services
- Agreements for Sales of Goods
- Hire Agreements
- Consignment Agreement
- Managed Services Agreements
- Consultancy Agreements
- Advertising Agreements
- Employment Contracts
- Independent Contractor Agreements
- Executive Service Agreements
- Workplace Policies
- Enterprise Bargaining Agreements
- Deeds of Release
- Development Agreements
- Real Property Option Agreements
- Contracts for Sale and Purchase of Land
- Commercial Leases
- Retail Leases
- Agreements for Lease
- Deeds of Assignment of Lease
- Loan Agreements
- Deeds of Acknowledgment of Loans
- General Security Deeds
- Mortgages
- Priority Deeds
- Division 7A Loan Agreements
- Shareholder & Related Party Loan Agreements
- Vendor Finance Loan Agreements
- Deeds of Forbearance
- Guarantee & Indemnity Deeds
- Deeds of Guarantee
- Deeds of Charge
- Joint Venture Agreements
- Franchise Agreements
- Master Franchise Agreements
- Dealership Agreements
- New Vehicle Dealership Agreements
- Distribution Agreements
- Agency Agreements
- Licensing Agreements
- Sponsorship Agreements
- Referral Agreements
- Advice on eligibility and engagement of an intermediary
- Corporate governance review and advice
- CSF Offer Document and other relevant documents, including:
- Constitution, and
- Share Subscription Deed
- Wine Distribution Agreements
- Contracts for Grape Sales
- Vineyard Lease Agreements
- Winery Equipment Rental Agreements
- Management Agreements
- Settlement Deeds
- Payment Agreements
- Expert Determination Agreements
- Arbitration Agreements
- Deed of Acknowledgment of Debt
- Deed of Assignment of Debts
- Deeds of Assignment of Choses in Action
- Non-Disclosure Agreements
- Confidentiality Agreements
- Intellectual Property Licence Deeds
- Intellectual Property Assignment Deeds
- Online Contracts
- Software Licence Agreements
- Website Privacy Policies
- Website Terms of Use
- Technology Licence Agreements
- Reseller Agreements
Businesses that proactively
address legal issues are more resilient, better prepared
and more profitable.
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Complete our 10-Minute Questionnaire and receive a free 40-Minute consultation with an experienced Commercial Lawyer to review your Top 5 Legal Priorities.
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Frequently Asked Questions
If a prospective purchaser ultimately wants to purchase a particular business, they may need to consider whether to buy the shares in the vendor company, or the assets of that company required to carry on the business.
The best option will ultimately depend upon the particular business and vendor company. Generally, a prospective purchaser will prefer to purchase the assets of the vendor company required to carry on the business over its shares. This is because, unless it is otherwise agreed, the purchaser will not be responsible for pre-completion liabilities of the vendor company, which can be unknown at the time of sale.
However, a prospective purchaser may prefer the purchase of shares over assets in circumstances where there are tax benefits, core agreements are unable to be assigned/novated to a new entity or commercial reasons for not wanting to advise third parties of a change of ownership.
A Shareholders’ Agreement is an Agreement between two (2) or more co-owners of a company setting out their agreement for the management and control of the company and roles and responsibilities of each of the co-owners.
Shareholders’ Agreements also dictate the rights and obligations of co-owners in the event of a dispute or proposed sale of their interest in the business.
Among other things, Shareholders’ Agreements regulate the following:
- The Purpose of the Company;
- The Roles and Responsibilities of Shareholders;
- The Appointment and Removal of Directors;
- Remuneration and Indemnity of Directors;
- Board Meetings, Voting and Decision Making on behalf of the Company;
- Management of the Company;
- The preparation and review of Budgets, Business Plans and Financial Information;
- Access to Company Information;
- Funding of the Company, Loans and Guarantees;
- The Issue and Disposal of Shares;
- Drag and Tag Along rights of Shareholders;
- Rights to Acquire Shares of retiring or terminated Shareholders and methods for valuing Shares;
- Dispute Resolution procedures;
- Restrictions on Competition by existing and former Shareholders; and
- Confidentiality of Information.
