Whether you are a sole trader or running a company, our commercial lawyers will take care of your legal needs so you can focus on managing and growing your business. Scammell & Co.’s commercial law team can provide independent advice to ensure you comply with legal requirements and should any commercial disputes arise, they will represent you in legal proceedings.
“Very helpful and knowledgeable which enabled a favourable outcome for our business.”
Sourcing practical advice from commercial lawyers in the early stages of any business dealing or commercial transaction will save time, money and avoid potential problems in the future, which ultimately ensures a successful outcome for any business.
Scammell & Co Company and Commercial lawyers have the knowledge and practical experience to assist both the public and private sectors, from sole traders, small business and medium-size enterprises (SMEs) – on a wide range of business matters.
Whether you are a start-up or well-established business, you will benefit from Scammell & Co’s commercial acumen and legal expertise. Our priority is to ensure your commercial law or company law needs are efficiently and effectively met so you can concentrate on the all-important aspects of running a successful business.
Buying and selling a business is a significant transaction with no margin for error. It is important to seek legal advice to ensure your commercial interests are protected. If you are selling a business your aim is to get the best return in the shortest timeframe. If you are buying one, your aim is to get value for money on your commercial venture, ensure the structure meets your needs and minimise risk to debt and any liabilities.
A Scammell & Co commercial lawyer will review the sale agreement, conduct due diligence, advise you on liabilities and intellectual property considerations, and review and make recommendations to any contract clauses.
Australian corporations law is governed by the Commonwealth’s Corporations Act 2001. It is administered by the Australian Securities and Investment Commission (ASIC) which regulates matters such as the formation and operation of companies, the duties of officers, and requirements concerning takeovers and capital-raising.
Australian companies incorporated by registration with ASIC include proprietary companies and public companies with the type of liability of shareholders of the company including:
The most common form of incorporated entity in Australia is a company limited by shares.
Proprietary companies are not allowed to raise capital on public equity markets and are limited to 50 shareholders. Only public companies may engage in public fund-raising activities and be listed on the Australian Securities Exchange.
Proprietary companies are often used for private ventures or as subsidiaries of public companies, including foreign companies, and some are nominees for other structures such as trusts or partnerships, to limit the owners’ liabilities.
The setting up of and day-to-day running of a company is an important undertaking and the many managerial duties, regulatory requirements and legislative obligations are the responsibility of appointed officeholders. Australian Directors are duty-bound to act in the best interests of the company and its shareholders. Whilst no particular qualifications or experience are prescribed for the role of a company director, other legislation may impose restrictions and qualification requirements on particular types of companies, such as those holding a banking licence or operating a gambling licence. An undischarged bankrupt cannot be a director.
Scammell & Co can provide independent advice on legal issues which may arise in relation to company structures and activities; officeholder responsibilities, liabilities, and disputes; and assist in the drafting of company documents from a compliance and legal perspective.
Australia has a complex and ever-changing taxation and revenue system. As any individual or entity can appreciate, it is important to source trusted and up-to-date legal advice on tax issues including tax structuring, tax risk management, ATO audits, tax litigation/dispute resolution and due diligence on the tax implications for transactions.
Scammell & Co has expertise in taxation and revenue law and our solicitors can provide legal advice on matters pertaining to:
Our commercial lawyer can advise you on:
They will negotiate on your behalf on matters relating to:
Yes, a lawyer can provide advice on your key obligations, potential pitfalls and negotiate on your behalf when deciding to enter a commercial lease. For example, your lawyer may be able to negotiate maintenance terms, signage restrictions or eviction clauses on your behalf before you sign your lease.
