Commercial Law

Our team of experienced lawyers will guide you through the minefield of legal obligations no matter the size of your business. We understand it’s not safe to take shortcuts on your business and commercial related transactions, as your livelihood is dependent on them.

We work with Local businesses, property developers, real estate agents and other commercial clients to assist in all commercial legal matters. We have a wide range of services so that we can assist in structuring and meeting your business needs.

Our Commercial Lawyers​

Phil McNamara: Principal Solicitor

Neil Hartley: Solicitor

Business Structures

Selecting the correct structure and performing the due diligence and financial checks is an important role for an accountant in an acquisition process but its only part of the story, as not having all the legal aspects of a transaction fully investigated could be fatal to its future viability.

We advise in the following areas:

    • Director’s duties, liabilities and rights of indemnity
    • Fund raising under the Corporations Act 2001
    • Trust deeds
    • Corporations law compliance
    • Incorporation of companies
    • Insolvency
    • Restructuring and reconstructions
    • Securities enforcement and debt recovery
    • Share buy-back schemes and documentation
    • Takeovers
    • Trade practices compliance

Business Sales or Purchases​

There a number of possible legal processes that a business sale or purchase could involve.

    • Registration or transfer of various licenses
    • Retail and commercial leasing of premises
    • Franchising
    • Business name registrations and transfers
    • Partnership agreements, shareholder agreements
    • Company informations
    • The establishment or implementation of trusts
    • GST issues, Capital Gains, Fringe Benefits and other tax issues
    • Transfer of employee obligations and entitlements
    • Restraints against future competition from the seller

Property Law, Retail and Commercial Leasing

We recognise that real estate decisions are linked to the achievement of business strategies. We aim to get the very best out of each transaction for our clients by getting involved early on before any deals are done. Our strategies are aimed at reducing real and potential risk while at the same time finalising the transaction as speedily as possible. McNamara & Associates practice in all areas of real estate and property law matters including:

    • Commercial, industrial and retail leasing
    • Sales and acquisitions
    • Property development and subdivisions
    • Health and Aged Care including retirement villages
    • Negotiation of finance facilities
    • Preparation of loan and security documentation
    • Legal due diligence
    • Joint Venture Agreements
    • Property Unit Trusts

Retail and Commercial Leases​

McNamara & Associates can provide assistance with retail and commercial leases in a number of capacities. It is important to seek legal advice from an experienced commercial lawyer before entering a lease, as it has the potential of becoming a negative impact on your business’ cash flow at a later stage. McNamara & Associates can assist you with:

    • Drafting and reviewing retail and commercial leases
    • Negotiation for the terms of the lease (including rent, transfer options, duration, exit and renewal options)
    • Subletting of premises
    • Insurance advice and assistance identifying the most suitable business insurance opportunities
    • Possible dispute resolution

Succession Planning​

A business succession plan is a written agreement between all the partners of a business and their associates, so that if one of the partners dies, becomes totally or permanently incapacitated or critically ill, then the outgoing partner will sell, and the continuing partners or their associates will buy, the outgoing interest.

The main focus of this process is to ensure that in the event that there is a loss of one partner, not only do his or her shares or units transfer to his or her fellow associates in accordance with the agreement, but there is a funding process in the form of insurance or assets to satisfy the appropriate value placed on those shares. The payment is placed in the hands of his or her family in the most cost and tax effective manner, minimising such areas as capital gains and other time consuming processes.

Also to be considered are other strategies and agreements to be put in place to address a sale of the business, the closure of the business, or the breakdown and rights of purchase of existing share-holders/unit-holders in a buy out situation.

A well constructed business succession plan should address issues such as:

  • Valuing the business partner’s
  • Determining the exposure to the business in the form of debt and personal guarantees
  • Anticipating the capital gains tax assessment
  • Deciding when the business succession will operate and addressing contingencies
  • Determining the time of disposal which will crystallise the parties’ capital gains tax liabilities
  • Taxation treatment of the proceeds
  • Integrating the business succession plan into the partner’s overall business and personal estate planning (will)

Industrial Relations and Employment Law​

McNamara & Associates employment law practice encompasses both a litigation focus and an advisory focus.

We receive instructions in the following areas:

    • Employment litigation
    • Unfair and Unlawful Dismissal
    • Discrimination in the Workplace
    • Wages and conditions claims
    • Employment claims under the Trade Practices Act 1974
    • Bullying and Harassment in the Workplace
    • Redundancy
    • Mediation

Employment advice​

  • Design and implementation of industrial relations compliance strategies
  • Preparation of employment agreements
  • Collective Agreements
  • Executive employment agreements
  • Common law employment contracts
  • Letters of Appointment
  • Independent contractor agreements
  • Employee share and bonus schemes
  • Restraints of trade and non-competition agreements
  • Termination of employment

How can we assist in your legal matter?