The lawyers in our business services team will support you with commercial advice on all aspects of running your business, on the contracts which you already have in place and on those which need to be drafted.
We want to see your business flourish. We’ll advise you on the legal detail and on any areas of particular risk, but we’ll also give you our commercial view.
We can draft all documentation required to reflect the terms of your commercial arrangements, whether in respect of your relationships with employees, landlords, contractors, customers, suppliers or other parties. We can produce all your standard form contracts, or document any bespoke arrangements, however complex.
If a dispute has arisen in relation to documentation to which you are a party, our lawyers will advise on the legal position, and explain your options for reaching a cost-effective resolution. If urgent action is required, we will do whatever is necessary to protect your interests.
We take time to learn about our clients. Whether you represent a multinational corporation or run a small business with big ambitions, we will listen to your needs, appreciate your specific circumstances and achieve your desired outcomes with minimum fuss.
Commercial contracts can be intricate and complex: Let us worry about the finer details. All our commercial contracts lawyers have first class technical knowledge and experience. We draft, review, and negotiate all types of contracts and trading arrangements, whilst always keeping your business’ best interests at heart. We never lose sight of commercial realities and will keep you abreast of progress and anticipate potential hiccups.
Our commercial contracts lawyers also possess the creativity and versatility to help those with more unusual or unique requirements.
Talk to us about
→ Agency agreements
→ Distribution and supply agreements
→ Terms and conditions of business
→ Collaboration agreements
→ Joint ventures
→ Procurement and outsourcing
→ Service level agreements
→ Technology transfer agreements
→ Software licences
→ E-commerce agreements
→ Manufacturing agreements
→ Franchise agreements
→ Confidentiality and exclusivity agreements
Agency contracts require precise terms for two main reasons:
- To ensure agents perform their duties; and
To avoid disputes
The businesses we represent are legally responsible for the actions of their agents. So it’s crucial to protect their position before formalising any agreements. We are experts in providing meticulous contract drafting and provide advice on key contract terms that can mitigate liability in specific circumstances.
The main areas to cover in any agreement include:
- The agent’s territory and whether they have exclusive rights within that area
- Which products they can sell or services they can provide
- The agent’s authority
- Any restrictions on the agent’s activities (e.g. selling competing products)
- Your respective responsibilities in terms of promoting your product, making sales and fulfilling orders
- The agent’s rights and restrictions in relation to your intellectual property
- Restrictions on disclosure of confidential information
- How the agent is paid (including rules on expenses)
- Rates of commission and whether it differs from product to product or customer to customer
- Arrangements for terminating the relationship
Our team can advise on agency agreements operating both in Australia and abroad
We are business people first, lawyers second. We have years of experience in drafting, negotiating and implementing business contracts. Based on the Gold Coast,we work with entrepreneurs, sole traders and large multinational corporations. Our aim is to produce solid, innovative agreements for our clients, helping them reach their commercial goals.
We go the extra mile when producing business contracts. Our clients expect it. We take the time to talk to you, to get a genuine understanding not only of your business today but also your goals and ambitions for the future.
The information we gather and the time we spend getting to know your business helps us create bespoke commercial contracts that provide long-term security and protection.
Elements of a contract
A valid contract must contain the following elements:
Certainty of terms
An intention to create legal relations
In addition, the person entering the contract must have the legal capacity to do so.
Our expert solicitors will ensure that all the elements of a valid contract are present in your agreements. You can be confident that the commercial contracts we create will be legally binding, protecting your interests throughout the duration of your relationship with the other party to the contract.
The importance of accuracy
Many contractual disputes result from a misunderstanding of the terms contained in the initial agreement. That’s why our commercial team ensures each clause accurately reflects the terms you have instructed us to include and protects your interests.
Our business contracts also contain clear, concise dispute resolution clauses. These enable parties to resolve disagreements between themselves or through an alternative disputes resolution procedure so expensive litigation can be avoided.
Commercial contracts are a key part of our business. Our solicitors can negotiate high value deals both domestically and internationally.
Any business that enters into a contract for products or services requires a watertight set of terms and conditions. It’s the best way to protect their interests. We create bespoke, robust terms and conditions that can adapt to your business as it evolves.
What do standard terms and conditions need to cover?
We will advise on and draft a set of terms and conditions designed specifically for your business. Your customers and suppliers will have a written record of how you conduct your business. Your terms and conditions should include:
- the price of your product or service
- the delivery method of your product or service
- payment terms and methods
- how you will deal with any overdue payments
- cancellation methods
- confidentiality clauses (if applicable)
- refund and return policy
- complaints procedure
- data protection policies
- changes in agreement procedures
How we work
Our solicitors will meet with you to discuss in detail what you need to achieve from your terms and conditions. You will be able to contact your solicitor directly to ask questions or add further details during the planning and drafting stage.
Once we have agreed on the contents of your terms and conditions, we will meet with you again to ensure the document is drafted in accordance with your house style.
How we can help
We understand that every business is unique. Having advised businesses of all sizes, we know the best questions to ask to understand your organisation and how to fully protect its commercial interests.
We will draft bespoke terms and conditions to fit your organisation. Due to our many years’ experience in commercial and contract law, we will bring to your attention any considerations you may not have thought of, in order to ensure that the final terms and conditions are truly comprehensive.
Many of our solicitors have worked in the City and for multi-nationals. Their intelligence and razor-sharp knowledge of commercial reality give our clients confidence that their directors’ service contracts will assist in achieving growth and targets.
By working to understand your business, we can draft a comprehensive directors’ agreement that covers:
- place of work
- protecting the company’s IP and trade secrets
- profit sharing, bonuses, and stock options
- expenses and allowances
- responsibilities and duties
- restrictive covenants or restraint of trade clauses
- disciplinary procedure
- grievance procedure
A well-drafted directors’ service contract demonstrates that you are a well-organised, effectively run organisation. It also shows that your business is well-prepared for contingency situations. Naturally, this is very attractive to potential investors.
Our solicitors have experience working in many international jurisdictions. If you require a directors’ service contract for one of your overseas offices, we can arrange for it to be drafted in accordance with local laws and business customs. We can also arrange for the agreement to be translated into the local language and/or English, so all parties have a clear understanding of the contractual terms.
How we can help
By instructing us to draft and/or negotiate your directors’ services contracts, you can be confident that not only will they contain the clauses required to meet your objectives, but they will be robustly negotiated to ensure your best interests are protected. Because we work with corporations and directors on a regular basis, we have a deep understanding of the motivations of both parties to a directors’ services contract. This allows us to provide practical, commercially astute advice, beyond the capabilities of many other law firms.
Getting the details right
We understand how important it is to get the details right. We draft our heads of terms and sale and purchase agreements meticulously, with attention paid to every sentence. In addition, we will advise on negotiations, and negotiate on your behalf, to ensure your best interests are protected.
Understanding the motivations of both sides
Because both sellers and purchasers instruct us, we understand the motivations of all parties to a contract. This assists us in providing insight to our clients on why the other party is likely to want to include a particular clause. It also gives us the edge when entering negotiations on your behalf.
Protecting your interests
Our expert law solicitors will protect your interests in a sale and purchase contract by ensuring it includes the relevant warranties and indemnities and sets out the extent of your liability if you are the seller.
As experts in commercial contract law, you can be confident when instructing us that we will cover every element of your transaction when we draft your sale and purchase agreement. Our solicitors will also ensure a concise heads of terms is created prior to negotiations, saving you time and money as most of the points will have been outlined in advance of the main contract being drafted.
There persists a common misconception that shareholder agreements are only required for large businesses or corporations. Those involved in the running of small, private or family-owned companies may feel that such formal arrangements are unnecessary and that informal decision-making arrangements are suitable for their needs.
Unfortunately, there are many situations where family or working relationships can break down, leading not only to personal disputes but disruption and harm for your business as well. Having an explicit, written agreement in place can provide certainty and peace of mind when it comes to protecting your company.
A shareholder agreement is a formal contract between company shareholders which sets out their respective rights and obligations and regulates how they are to perform their role. Commonly, this will include provisions regarding how and when shares can be acquired or sold, how decisions about the running of the company will be made as well as rules about the running of the firm. It is not a legal requirement that a company has a shareholder agreement in place but taking this step can benefit your business greatly. Unlike a company’s articles of association, the provisions contained within a shareholder agreement are private.
It is vital for every company that the power that comes with owning shares in that business is properly managed and regulated. To promote growth and success, it is essential that a means of control is put in place that meets the specific needs and commercial ambitions of your company.
The benefits of a clearly drafted shareholder agreement include:
- Improved dispute resolution – provisions should be put in place to help quickly and effectively resolve disputes between parties with equal shareholdings should they arise
- Enhanced protection for minority shareholders – such protections can be particularly attractive to prospective investors in your business
- Additional control over the transfer of shares – if one shareholder departs or dies, the agreement can set out explicitly what should happen to their shares
- Clear regulations regarding the management of the company
- Reduced administration costs after an agreement is put in place
We are on hand to provide professional, straightforward legal advice when it comes to preparing and drafting shareholder agreements. Our Gold Coast team have a well-earned reputation for strategic and commercially focused thinking, helping our clients to put in place agreements that work for their businesses. With many years of experience in this area, we can identify potential issues and develop innovative solutions whatever the size and nature of your enterprise. We take the time to understand your priorities, and readily available to discuss your shareholder agreement or any other related issues you may have.