Starting a Business in Australia: Key Legal Considerations

December 6, 2024

If you’re considering starting a business in Australia, it can be an exciting time. It’s also a complex task, with a lot of things to consider. Aside from ensuring your business is profitable, you need to also understand all of the legal considerations. Let’s take a look at these in more detail.

Business Structure

How you structure your business is one of the first decisions to make. There are several options, such as being a sole trader or forming a trust, company, or partnership. Each has a different structure and varying legal and tax implications, so it’s essential to understand which will work best. Expert legal advice is often the best way to work this out if you’re unsure. 

Registering Your Business

To legally operate in Australia, you’ll need to register your business with the Australian Securities and Investments Commission (ASIC). This includes registering a business name and getting an Australian Business Number (ABN). Depending on your business type, you may also need to register for Goods and Services Tax (GST) with the Australian Tax Office.

Intellectual Property Protection

Does your business involve creating unique products, services, or branding? If so, consider protecting your intellectual property (IP). This might include trademarks, patents, or other copyrights. Protecting your IP gives you more control over how it is used and gives you legal recourse if something is used without your permission.

Compliance With Regulations

Every industry has its own set of regulations, whether it be regarding how much you need to pay staff or health and safety regulations. No matter which industry you operate in, you should seek legal advice to ensure you comply with all regulations, as it can save you a fortune in fines and other penalties.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Subscribe to our bi-monthly e-newsletter for articles delivered direct to your inbox




    Logo of Scammell & Co Lawyers, a legal firm in Adelaide
    ABN 19 668 739 151
    Copyright 2025 Scammell & Co. Lawyers Pty Ltd. All rights reserved.
    Liability limited by a scheme approved under Professional Standards Legislation.