Corporate & Commercial lawyers in Geelong & Melbourne
Our Corporate & Commercial group provide astute legal advice on a complete range of commercial and business law matters. From due diligence to strategic planning, we help simplify the process, allowing you to understand the opportunities, the risks, the pitfalls, and the potential. Getting the right structures in place is imperative to a sustainable business model. High-level corporate governance is the cornerstone of a successful business, and sound legal representation is a necessary step to navigating the many levels of corporate and commercial law.
Our experienced commercial lawyers advise large corporate clients, small to medium businesses and individuals across numerous industries, locations, and legal matters. We tackle your immediate priorities and assist in pre-emptively strategising towards the growth and security of your business. We listen. We identify your needs, objectives, constraints, and challenges. Then, we add value with practical, clear and concise legal services, providing you with deliverables you can grasp and trust.
Whether your business is in its infancy or an established brand, our legal partnership allows commercial certainty you can build your business future on.
Alicia has been a wealth of information, is meticulous, conscientious, responsive and diligent. Alongside that she is extremely patient, personable and understanding, willing to answer the myriad of questions that are bestowed upon her on a fairly regular basis.
I would absolutely recommend Alicia as your team member for your commercial requirements.
Key matters we can advise you on
Buying and selling businesses
Whether you are buying or selling a business, Coulter Roache is able to assist you with each step of the process. Whether it’s a straight forward transaction or there are complicating factors including licences, leases, franchise agreements or employee transfers, the team at Coulter Roache use their experience to assist you from preliminary advice and preparation of the sale agreement through to completion of settlement.
If you are selling your business, we can provide guidance in preparing your business for sale and negotiating an agreement and prepare offers for acceptance.
If you are looking to buy a business, we can provide you with advice regarding due diligence to ensure the business you are purchasing is the right fit for you, has all the required permits and licences and that you are purchasing everything necessary to operate the business.
Whether you are buying or selling, it is important to ensure the sale agreement is tailored to accurately address the assets, goodwill and intellectual property being transferred and that each parties’ rights and obligations are clearly set out. At Coulter Roache, our business lawyers will help you work through the transaction step by step and ensure that you have a strong understanding of the documents you are signing and that they protect your interests.
Where the business premises is being sold as part of the sale of business, we collaborate with our property and development team to ensure the transfer of both the business and freehold occur together. Find out more
Whether you are an owner of commercial premises or a tenant operating a business, having the right Lease in place, tailored to your circumstances, is essential. For Landlords, leases are crucial to ensuring certainty of income. For Tenants, having a lease is essential to ensure there is a place to operate your business. Whether you are entering a lease, renewing a lease or need advice on terminating or varying a lease, our expert team are here to ensure you understand the terms of your Lease and your rights and obligations. Find out more
Having the correct structure in place for your business is crucial to ensure the viability of your business, for asset protection, taxation considerations and compliance with the law. There is a business structure for every need, whether it is operating as a sole trader, in a partnership, or forming a company or trust, each structure has its pros and cons. We are here to help you make the correct choice for your business’s future. If you are thinking of restructuring, the knowledgeable corporate law team at Coulter Roache can give you clear advice on the most appropriate structure to adopt. Find out more
Corporate Services (Establishing a company, trust or fund)
Once you have decided on your structure, we are able to prepare the documents to establish your company or trust, or make any amendments to your existing structure. With quick turn around and clear advice, the Corporate & Commercial team will provide you or your financial advisor with the required documents and advice to make sure your entity is properly established. Find out more
Franchise Agreements and Franchise Law
Franchise Agreements govern the operation of franchise businesses and are often long and complex contracts. Ensuring that the rights and obligations of both parties are clearly set out is essential to the smooth running of a franchise.
As a franchisor, it is important that you protect your intellectual property and have the right agreements in place to govern the relationship with franchisees and comply with the Franchising Code of Conduct.
As a franchisee, it is important that you understand your rights and obligations in the franchise system. Coulter Roache can provide clear and easy to understand advice about your obligations in entering into a franchise agreement and the risks that should be considered.
Coulter Roache has advised both franchisors and franchisees since the first franchise systems arrived in Australia and we are here to assist with all franchising matters, including assignment and sale of franchises, franchise disputes and mediation. Find out more
Partnership and Joint Venture Agreements
Each partnership and joint venture agreement is different and there is no one-size-fits-all approach. To ensure you have the correct structure in place and to protect your interests it is important that you seek advice. It is crucial to understand the personal liabilities that can attach with these structures and to have an agreement in place that addresses each partners rights and obligations and appropriately deals with any issues that may arise. Find out more
Protecting your intellectual property (IP) is essential to maintain the goodwill of your business and protect your reputation. Our IP expertise spans across areas such as Copyright, Moral Rights, Trade Marks, and other IP-related rights including confidentiality, trade secrets and domain names.
When registering trade marks, we advise you throughout the process and prepare all documents to protect your unique brand – from identification and creation, through to management, commercialisation and enforcement of your intellectual assets and IP rights. Find out more
Corporate Compliance – Business Law
Making sure you are on top of your corporate responsibilities, which are imposed by a raft of legislation, is essential to protecting both your business and your own personal liabilities. Whether you need assistance with conduct of the company, complying with the requirements of the Australian Securities and Investment Commission (ASIC), director’s duties, privacy obligations or other legislation applicable to your business, we are able to provide clear advice so that you understand the compliance obligations and are not left in the dark when it comes to your legal obligations. Find out more
Business Licensing and Permits
If you are setting up or buying a business, you need to consider what permits and licences you require. The specifics depend on your type of business. Liquor Licences, Food Premises Registration and Business Name Registration – these are just a few of the many boxes you might need to tick in order to trade legally. The Corporate & Commercial team at Coulter Roache can assist with advice and obtaining the required licences or permits. Find out more
Whether you are acquiring or providing goods or services, it is important that the process is carefully planned and executed. Strategic planning, an understanding of the business landscape, commercial acumen and attention to detail are all required to ensure a smooth process. This extends to the tendering process and it is important that you have someone in your corner who understands what is required and strikes the right balance in managing the risk. The business lawyers at Coulter Roache are experienced in all forms of tendering processes and are here to help ensure that your experience is a smooth as possible. Find out more
Insolvency is a sensitive and complex area and having access to knowledgeable and experienced advice is crucial in helping you secure the best outcome. Whether it is corporate or personal insolvency, Coulter Roache are able to help shape the best possible outcome for you. Our experienced team combine technical skill and commercial experience to assist receivers, managers, liquidators and trustees in all manner of insolvency issues. Find out more
Personal and Business Asset Protection
The cornerstone of any business strategy should be protecting yourself, your family and your business. As a business proprietor or director of a company, you could be exposing yourself to personal liability. Having a solid asset protection program in place is prudent. Our experienced team is here to help with all matters of asset protection, whether you need advice as an individual or as a business. Find out more
Sports Law includes a wide range of laws that can affect sporting clubs, including, but not limited to, contract, property, not-for-profit, employment, construction, and litigation. Sporting organisations and clubs are operated like a business and like any other business, their legal requirements will vary at each stage of its growth. We have significant experience assisting sporting organisations and are able to assist on a wide range of services, including sponsorship contracts, licences, organisational structures and workplace relations. We understand the diverse needs of the sporting community and that to stay in the game you need access to timely and clear legal advice. Find out more
Whether it is leasing your farm, advice regarding water rights, transferring your property, succession planning to ensure future generations are provided for, or contracts for the sale of produce from your land, Coulter Roache can provide tailored solutions to you and your family to ensure the right agreements and structures are in place. Find out more
Purchasing or Selling Commercial Property
Whether you are buying or selling a commercial property, Coulter Roache can ensure you are provided with the right advice. We can prepare sale contracts tailored to your individual circumstance and assist you step by step through the sale process.
Ensuring the right Lease is in place when buying or selling commercial property is also an important consideration.
Stamp duty and land tax liability are also key considerations for any property transaction. It is important to be aware of how much you may be liable for and this depends on your individual circumstances. The commercial lawyers at Coulter Roache are able to ensure you know what you are liable to pay when looking to make your commercial or personal property transaction.
Charities and not for profits
If you are establishing a charity or not for profit organisation (NFP), you need to consider the most appropriate legal structure for your organisation. Our lawyers have extensive experience in assisting clients to set up and operate charities and NFPs, to ensure that the NFP or charity can be operating for the benefit of the community in a timely and efficient manner and that all legal requirements are met and registrations are obtained, including registering your charity with the ACNC where appropriate. Find out more