BUSINESS AND COMMERCIAL LAW
CORPORATE, COMMERCIAL AND BUSINESS LAW
My Legal Crunch is your one-stop legal service for corporate, commercial and business legal matters. We understand the need to keep you protected, get you results and keep your business moving forward.
My Legal Crunch Lawyers provide the following corporate, commercial and business legal services:
• Corporate law legal advice and services;
• Consumer law legal advice and services;
• Business structure and business start-up legal advice and services;
o Joint ventures;
o Company incorporation;
o Sole Traders;
• Business purchase, business sale, and due diligence;
• Commercial dispute resolution;
• Trademarks and intellectual property legal advice and services;
• Contracts (drafting, review, and negotiation);
o Executive contracts;
o Distribution agreements;
o License agreements;
o Agent agreement;
o Employment contracts; and
o Commercial lease agreements.
The following information is general in nature and should not be understood as legal advice as it does not consider your personal circumstances.
Companies Law And Corporate Law
My Legal Crunch Corporate Lawyers can assist you with all your corporate legal matters. Our companies law and corporate law legal services include:
• Dispute resolution;
• Incorporating or restructuring a company;
• Drafting and/or interpretation of company constitutions;
• Drafting and interpretation of shareholder agreements;
• Legal advice and services for companies;
• Executive officers and directors’ duties legal advice and services;
• Shareholder disputes;
• Advice on white collar and corporate crime; and
• Winding up and insolvency.
We understand that being an executive officer responsible for running a corporation requires discipline, leadership, and strategy.
Whether you need advice on the legality of a transaction, legal advice about an executive office holder or director duties, assistance with a breach of duties, business structure, shareholders agreements and issues, employment law, intellectual property, consumer law, property law or licensing and zoning.
My Legal Crunch Corporate Lawyers can provide you with strategic and result orientated legal advice and legal services.
My Legal Crunch Corporate Lawyers can help you with the corporate regulatory framework including:
o The Corporations Act 2001;
o The Competition and Consumer Act 2010 (previously known as the Trade Practices Act);
o Personal Property Securities Act 2009; and
o The Australian Securities and Investments Commission Act 2001;
Contact a My Legal Crunch Corporate Lawyer today for further assistance and a free evaluation of your matter.
My Legal Crunch Consumer Law Lawyers can help you with consumer law-related legal issues under the Competition and Consumer Act 2010 and State-based consumer law. Whether you are a business or trader, or consumer requiring assistance, one of My Legal Crunch’s Lawyers can help you.
Consumer Law governs:
• The relationship between consumers, and businesses or traders who provide products and or services.
• Businesses and traders who provide products and or services to other businesses or traders.
• The conduct of persons, businesses, and traders in relation to misleading or dishonest conduct.
• Statutory consumer guarantees that the law requires businesses and traders to provide with goods or services.
• Product and service safety standards, safety notices and product recalls.
• Fair pricing and advertising of products and services.
• Consumer contracts or standard form contracts (a contract where a consumer is not able to change the contract because it comes in a standard form only).
• Sales tactics such as high-pressure sales or where one party is disadvantaged as against the other.
Consumer Law regulates the conduct of persons, businesses and traders engaged in trade or commerce. The Consumer Law includes requirements that persons, businesses, and traders when engaged in commerce or trade:
• Do not engage in misleading or deceptive conduct;
• Do not make false or misleading representations about goods or services including about a standard, quality, origin, value, grade, composition, style or model or have had a particular history or previous use; and
• Do not engage in unconscionable conduct such as using a position of power, special relationship or disability to force or coerce.
The Consumer Law provides special statutory guarantees to consumers where they are purchasing products and or services of a personal or domestic nature from a business or trader where the purchase price does not exceed $40,000 or for other specified goods.
The statutory guarantees under most circumstances require a business or trader to provide the goods or services to a consumer in conformity with the consumer guarantees which include:
In the case of products and goods
• That a consumer will receive full possession and title to the product or good;
• The products are of acceptable quality including:
o Fit for the purpose which the good or product is commonly supplied for;
o Free from defects;
o Safe; and
• That there are facilities for the repair of the goods and parts available for repair;
• The products match any description/model/sample provided;
• The products must do what the seller says they can do; and
• The seller must provide a replacement or refund if the product stops working under some circumstances.
In the case of service provides:
• That the service has been provided with due care and skill;
• That the service is fit for the purpose that the consumer said to the provider the service will be used for; and
• That the service has been provided within a reasonable time or as stipulated.
The Consumer Law places regulation on businesses and traders that if they provide a standard form contract that the contract cannot have unfair terms for the supply of goods or services or a sale or grant of an interest in land.
The consumer law provides that consumers are not bound by unfair terms in contracts. Whether a term is unfair depends on the contract, the transparency and the degree of harshness or unfairness of a term. Unfair terms in contracts can include things like:
• Unfair penalties;
• An imbalance in a parties’ rights and obligations;
• Allows one party but not the other to:
o Avoid or limit their performance in the contract;
o Penalise the party for a breach or termination of the contract;
o Renew or not renew the contract;
o Interpret the words or meanings of the contract;
o Vary the goods or services to be supplied;
• Stops one party from suing the other party;
• A penalty for breaching or terminating the agreement;
• A term is not reasonably necessary to protect the legitimate interests of the party; or
• The term would cause detriment.
For assistance with your consumer law legal matter and a free evaluation of your consumer law case call a My Legal Crunch Consumer Lawyer today.
Business Start-Up And Business Structuring
My Legal Crunch Commercial Lawyers provide business start-up advice and services. Our commercial law team can get your business up and running quickly with both advice and business legal services to get you moving fast and hassle-free.
We provide legal services to:
• Incorporate a company including company constitutions and shareholder agreements;
• Create a partnership including partnership agreements;
• Create a sole trader structure;
• Create a joint venture;
• Creating trusts including family trusts and discretionary trusts;
• Ensure your new business name and trading names are trademark free; and
• Register trading names.
My Legal Crunch’s Commercial Lawyers will get your business setup fast, hassle-free and with strategic result driven advice to ensure your new business is given the start that it deserves.
Business Purchase, Business Sale, And Due Diligence
My Legal Crunch Commercial Lawyers can assist you with business purchase and business acquisitions, or with selling your business. We can help you protect yourself when it comes time to enter into a sales contract. Both buyers and sellers have responsibilities and obligations to the other. If these responsibilities and obligations are not fulfilled the damage, delay and liability can be substantial.
Whether you are buying or selling your business, misunderstandings can cause delay, costs, and litigation. Our Commercial Lawyers can ensure that as a seller you are covered by warranties and as a buyer that the warranties you offer are fair and reasonable.
Having an experienced guiding hand to ensure all possible contingencies are covered and that there are no surprises down the track can be priceless. Engaging My Legal Crunch Commercial Lawyers early on is important to ensure pre-contractual due-diligence is undertaken. This will help you to determine whether the business acquisition or sale is in-line with your expectations and can help you save big in the long run.
Selling a business or acquiring a business can be fraught with traps. Understanding exactly what you are selling and exactly what you are buying is important to your bottom line. A mistake could even affect the viability of a transaction or entire business operation.
Selling a business or acquiring a business involve many legal issues such as contracts, distribution, suppliers, staff, employee liabilities, company liabilities, business liabilities including future liabilities such as warranty claims, safety issues, guarantees, consumer law, indemnities, securities, leases, intellectual property, goodwill, fixtures, licenses, agency, insurance and compensation claims.
Contact My Legal Crunch Commercial Lawyers today to make sure your next business acquisition or business sale is done right.
Commerical Dispute Resolution
My Legal Crunch Commercial Lawyers provide commercial dispute resolution services to help you reduce the cost and time of resolving commercial disputes. Commercial disputes can quickly turn into long drawn out court litigation that can last years and cost tens of thousands or hundreds of thousands of dollars. While businesses are going through commercial disputes that have escalated to expensive litigation, often the stress shows in the executive team or management team and the business suffers. This can lead to loss of morale and loss of focus on your businesses strategic direction and goals.
My Legal Crunch offers an alternative to costly commercial disputes and that’s straightforward and fair dispute resolution. Much of the time, commercial disputes can be resolved through negotiation, strategic thinking and looking at the big picture. Sometimes, commercial disputes can even be turned into new opportunities.
Contact My Legal Crunch Commercial Lawyer today to inquire about our commercial dispute resolution services.
My Legal Crunch Trademark Lawyers provide trademark services including:
• Advice on trademarks;
• Trademark due diligence;
• Making application for a new trademark registration;
• Injunction to prevent trademark infringement;
• Trademark infringement dispute resolution; and
• Trademark infringement litigation.
A trademark provides protection to your brand, services, products or goods so a competitor cannot try to fool or confuse your loyal customer base to believe they are buying your product when they are buying a competitor’s brand, services, products or goods.
A trademark is a sign or symbol which distinguishes a brand, services, products or goods from other businesses, brands, services, products or goods. Businesses spend a great deal of time and money developing their brands, products, and goods and creating a loyal customer base.
It makes sense to register a trademark or enforce your existing trademark to protect your time and effort in creating something memorable.
Speak to a My Legal Crunch Trademark Lawyers today to protect your trademark.
Protecting Your Trademark
If another person of business infringes your trademark you may be able to take action against them for that infringement. This action includes obtaining an injunction to prevent them from continuing to infringe on the trademark, restrict imports of a trademark infringing product or good and take legal action for:
• An account of profits; and
• In some cases, obtain exemplary damages.
In some cases, infringing someone else’s trademark can be a criminal act and include criminal sanctions.
Contact My Legal Crunch today and speak to one or our Trademark Lawyers and obtain legal advice and solutions to protect your valuable trademark.
To Register A Trademark Or To Not Register A Trademark
A trademark can be registered or unregistered. In some cases, you can develop a trademark through long-term use of a symbol or sign without ever registering the trademark and still receive some form of trademark protection under the law.
There can be many disadvantages to not registering a trade mark. Registering a trademark provides the best protection and helps to ensure that others developing a trademark are less likely to accidentally infringe on your trademark. When a trademark is registered:
• It appears in a searchable Australian nationwide trade mark database;
• You have the best priority over the trade mark in the case someone develops a similar trademark at the same time you develop yours; and
• You can use the ® symbol with the trademarked writing, logo, mark or symbol.
An unregistered trademark is a sign or symbol which can include writing, a logo, a mark, a symbol or a combination of these things that a business commonly uses. You can show that you believe you have lawful use of your unregistered trademark by using the ™ symbol.
If you do not register your trademark there are limitations on the action you can take to protect your trademark compared to a registered trademark. If you and another business develop the same or a similar trade mark at the same time it will be unclear who has priority over the trademark.
Why Register Your Trademark?
• You have the exclusive right to use and license your trademark.
• You can take action against others if they infringe your trademark including recovery of your loss of profit.
• You can sell your trademark with your business or sell your trademark to another business.
• Another business may claim they created their trademark before you and that they have priority to the trademark. This can lead to expensive litigation and you could lose all of your valuable time and money in developing your trademark.
• If you accidentally infringe on someone else’s trademark you could be taken to court and you may have to pay damages or account for your profits for infringing on another trademark.
• It is more likely that other businesses could unintentionally infringe your trademark without registration as a registered trademark is submitted to a nationwide database that can be searched.
Restrictions On Trademarks
There are restrictions on some trademarks such as:
• Protected signs such as any trademark that suggests association with the Government or certain protected people and institutions;
• The trademark would be scandalous;
• The trademark is contrary to the law;
• The trademark would cause deception or confusion; and
• The trademark infringes on another trademark.
If you have questions about a trademark call one of My Legal Crunches Trademark Lawyers today.
My Legal Crunch Commercial Lawyers provide contract drafting, contract negotiation, contract dispute resolution and contract law litigation services. Our Commercial Lawyers love contracts and can help you with your next commercial contract.
A contract is a private agreement between two or more parties, validly entered into, for valuable consideration, which is enforceable at law between you and the other party. Contracts are not always as straightforward as they seem. Did you know that the law implies duties and obligations on parties in commercial contracts?
Getting a contract right is important for many reasons. A good contract will give you and the other party certainty will help you resolve any disputes quickly and cheaply, will clearly specify what each party will do and will cover you in the case the other party does not live up to their obligations. A badly drafted contract or a misunderstanding can delay business by months or even years, lead to costly litigation, leave parties uncertain of their position or duties and lead to a break down in key relationships.
My Legal Crunch has many standard contracts that we can modify to suit your needs. My Legal Crunch can you assist you with these contracts and more:
• General contracts for services;
• Executive contracts;
• Management contracts;
• Business acquisition and business sale contracts;
• Shareholder contracts;
• Supplier contracts;
• Contractor contracts;
• Distribution contracts;
• Bailment contracts;
• Consignment contracts;
• Personal property sales contracts;
• Goods and product contracts;
• License contracts;
• Agency contracts;
• Employee contracts;
• Lease contracts; and
• Personal property security register contracts.
Contact My Legal Crunch Commercial Lawyers today about your contract.
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Brisbane | Bundall | Fortitude Valley | North Bank
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Perth | Osborne Park | West Perth
1800 572 417
(02) 8569 2344