Tailored legal services that protect your interests and reduce your risk.
Hendersons Legal are experienced business and commercial lawyers in Melbourne, acting for everyone from sole traders and small businesses through to large corporations. Having been in private practice in Melbourne for over 25 years, we take a genuine interest in our clients’ businesses. Understanding how you actually run your affairs lets us give sharper, more commercial advice and a better service.
Whether you are starting up, growing, restructuring or selling, we help you put the right agreements and structures in place and step in quickly when a dispute threatens your business.
How We Help Your Business
We advise across the full range of business and commercial law, including:
- Commercial contracts, terms and conditions, drafting and review
- Business structures, and advice on Corporations Act issues, governance and compliance
- Buying, selling and establishing a business
- Partnerships, joint ventures and trusts, including agreements and disputes
- Franchising
- Commercial and retail leasing for landlords and tenants
- Australian Consumer Law and competition law
- Intellectual property, including copyright and trade marks
- Occupational health and safety
- Corporate crime investigations and defence work
- Finance and securities (see our finance and securities page)
- Human resources and employment matters (see our employment law page)
- Insurance and insolvency matters (see our debt collection and insolvency page)
Commercial Disputes and Litigation
When a commercial relationship breaks down, you need advice that is both legally sound and commercially realistic. We act in disputes at VCAT and in the Magistrates’ Court, County Court and Supreme Court of Victoria. Our business lawyers are well versed in commercial litigation and court representation, so your matter moves smoothly from advice to resolution, whether that comes through negotiation, mediation or a hearing.
Industries We Know
Hendersons Legal has advised business clients across a wide spread of industries, including building and construction, manufacturing, retail and wholesale, accounting, insurance and brokerage, consulting, agribusiness, travel, fitness and leisure, financial services and food.
Who We Act For
We act for businesses of every size and stage, from sole traders and start-ups, through established small and medium enterprises, to large corporations. We are equally comfortable being your sole legal adviser or working alongside your accountant and other advisers, and we are happy to visit clients at their premises to understand how the business really operates.
Setting Up and Structuring Your Business
Choosing the right structure at the outset can protect your assets and reduce your compliance burden. We advise on companies, partnerships, trusts and joint ventures, and prepare the agreements that govern them, shareholder and partnership agreements, unitholder and joint venture agreements and constitutions, so the rights and obligations of everyone involved are clear from the start. We also advise on Corporations Act compliance, directors’ duties and corporate governance.
Buying and Selling a Business
Whether you are acquiring a business, selling one you have built, or bringing in a new partner, we manage the legal side of the transaction, due diligence, sale and purchase agreements, restraint of trade clauses, the assignment of leases and contracts, and completion. Our goal is a clean transaction that protects your position and avoids disputes later.
Commercial Contracts, Leasing and Everyday Trading
Day to day, businesses run on contracts. We draft and review commercial contracts, terms and conditions, supply and distribution agreements and franchising documents, and we act for both landlords and tenants on commercial and retail leases. We also advise on Australian Consumer Law, competition law, intellectual property including copyright and trade marks, and occupational health and safety.
Frequently Asked Questions
What does a business and commercial lawyer do?
A business and commercial lawyer helps you set up and run your business on solid legal footing. That covers choosing a structure, drafting and reviewing contracts and leases, buying or selling a business, protecting intellectual property, and resolving disputes if a commercial relationship breaks down. The aim is to reduce your risk and keep your business trading smoothly.
What business structure is right for me?
It depends on your goals, risk profile and tax position. Sole traders, companies, partnerships and trusts each have different implications for liability, tax and succession. We help you weigh these and choose a structure that suits your circumstances.
Do I need a shareholders or partnership agreement?
Yes. A well-drafted shareholders or partnership agreement sets out how decisions are made, how profits are shared and what happens if an owner leaves or a dispute arises. It is far cheaper to agree these things at the outset than to litigate them later.
What should I check before buying a business?
Proper due diligence is essential, reviewing financials, contracts, leases, employees, intellectual property and any liabilities. We help you identify risks before you commit and reflect them in the sale agreement.
Do you act in business disputes as well as transactions?
Yes. When a commercial relationship breaks down we act at VCAT and in the Magistrates’, County and Supreme Courts of Victoria, working alongside our commercial litigation and court representation teams.
How It Works
To get started, contact us by phone or fill out our online enquiry form with the details of your matter. We will confirm the scope of work, provide a fee estimate and get to work, keeping you fully briefed at every stage.
Contact Our Business Law Firm In Melbourne
If you want experienced business lawyers you can rely on, contact Hendersons Legal today for a discussion about your needs. Call (03) 9629 2211 or complete our online enquiry form.
