Business Law
From the structure you choose to the contracts you sign, sound legal advice early saves cost and risk later. We work with Queensland businesses at every stage.
For many years Big Law has worked with businesses throughout Queensland — from people starting out, to established operations being restructured or sold. Good legal advice at the right moments protects what you are building.
Our experienced lawyers can guide you through the transaction process, whatever stage your business is at: choosing and setting up a structure, buying or selling a business, putting the right contracts and agreements in place, taking on commercial or retail premises, and planning for partnerships and ownership.
We provide the quality of commercial legal help you would expect from a large Brisbane CBD firm — conveniently, from Strathpine.
One of the first decisions in business is the structure you operate through. The main options — sole trader, partnership, company and trust — each carry different consequences:
There is no universally ‘best’ structure — only the one that fits your circumstances. We advise on the legal consequences and work with your accountant on the commercial and tax side.
A business sale is a significant transaction with a lot of moving parts. Whether you are the buyer or the seller, the detail in the contract — and the due diligence behind it — determines how protected you are.
The agreements your business runs on — supply and service contracts, partnership and shareholders agreements, and the lease of your premises — are worth getting right. A clear written agreement is far cheaper than the dispute that follows an unclear one.
If your business leases premises, whether the Retail Shop Leases Act 1994 (Qld) applies makes a real difference to your rights. Our commercial conveyancing team handles leasing for landlords and tenants — have the lease reviewed before you sign.
The main options in Australia are operating as a sole trader, in a partnership, through a company, or through a trust — and combinations of these. Each has different consequences for tax, for your personal exposure to liability, for bringing in other owners, and for eventually selling or passing on the business.
There is no single ‘best’ structure — it depends on your circumstances and goals. We work alongside your accountant so the structure is sound both legally and commercially.
Buying a business is not just buying its name. Proper due diligence means reviewing the financial records, the customer and supplier contracts, the lease of the premises, employee entitlements, any equipment and stock, intellectual property, and any licences or permits the business needs to operate.
We help you investigate what you are really buying, negotiate the sale contract, and structure the purchase so you are protected.
If you are going into business with other people, yes. A partnership agreement or shareholders agreement records how decisions are made, how profits are shared, what happens if an owner wants out, becomes incapacitated or dies, and how disputes are resolved.
These agreements feel unnecessary when everyone is getting along — and become invaluable the moment they are not. Putting one in place early is far cheaper than litigating its absence later.
If your premises are a ‘retail shop’, the lease is regulated by the Retail Shop Leases Act 1994 (Qld), which gives the tenant protections — mandatory disclosure, a minimum five-year term, restrictions on outgoings, and more — that cannot be contracted out of. A general commercial lease that is not caught by the Act gives the parties more freedom but fewer tenant protections.
Before you sign either, have the lease reviewed — see our commercial conveyancing page for detail.
Start early, and start with the lease. Most business sales require the premises lease to be assigned to the buyer, which needs the landlord’s consent and a proper deed of assignment — and that takes time. You will also want the sale contract to deal properly with stock, equipment, employees, restraint of trade and the apportionment of income and outgoings.
We help you prepare for sale, negotiate the contract, and complete the transaction smoothly.
Related Practice areas
If your business involves buying or selling commercial property, or you need a premises to operate from, our commercial conveyancing team handles the contract, due diligence, and settlement — so the property side of your business is properly protected.
Business owners often purchase property in their personal name or through a trust. Whether it's an investment or a family home, we make sure the transaction is structured correctly and settlement goes smoothly.
What happens to your business if something happens to you? A solid estate plan accounts for your business interests — not just your personal assets. We help business owners make sure the two work together.
Make an appointment with our experienced Strathpine business lawyers today.
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