Commercial Law

Commercial Law

At Nicholas James Lawyers we offer a comprehensive range of commercial services for large and small businesses. Our commercial lawyers collaborate closely with our clients’ executives and internal counsel, assisting them in negotiating and documenting complicated commercial transactions, as well as providing commercial legal advice.

Our team of commercial lawyers have the depth of expertise and experience to assist clients in evaluating and writing commercial contracts and agreements from a variety of industries, including but not limited to:

  • Joint Venture Agreements
  • Shareholder Agreements
  • Contractor Agreements
  • Service Agreements
  • Merger and Acquisition Agreements
  • Terms of Trade Agreements

Due to the scope in knowledge of our commercial and corporate team, we are able to interpret the most intricate situations in a variety of commercial transactions. Drafting, analysing, and modifying business contracts for our clients is an important element of our legal services. Contracts may be difficult and full of legalese, so it is always a good idea to seek legal advice from a professional. Here at Nicholas James Lawyers, our commercial lawyers are highly experienced to give you commercially sound legal advice that puts your business interests at the forefront.

When it comes to contract reviews, we are quick to respond. This gives you a greater understanding of your rights, responsibilities, and liabilities. Our commercial lawyers can advise you on whether your contract has unfair provisions that might make it unenforceable, or how to effectively negotiate more favourable terms.

Commercial agreements are frequently complex and should be documented in writing – specifically, in a properly designed contract. Our commercial lawyers assist clients with the legalities that are associated with commercial agreements and ensure your business is offered advice tailored to your individual business needs.

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Why Nicholas James Commercial Lawyers?

Our goal is to pay close attention to your commercial needs and then offer you competent and practical guidance on a variety of contractual issues affecting your business. Our team of commercial lawyers’ depth of experience and variety of knowledge, along with our continuing dedication to deliver the best quality of service to our clients, ensures our clients will always receive accurate and commercially appropriate solutions that deliver positive outcomes.

Why Nicholas James Commercial Lawyers?

We realise that a good, long-term partnership with a commercial law practice gives certainty and consistency to all organisations. As a result, we provide our corporate and commercial clients with pricing structures that are flexible and transparent and suited to their unique needs.

We devote time to our clients’ matters to have a deeper understanding of their situations and legal needs. This allows us to anticipate potential difficulties from the start, give timely and relevant advice, and collaborate with each of our clients to produce accurate and appropriate solutions delivering positive outcomes for your business. 

For experienced commercial lawyers and litigators in Essendon, call Nicholas James Lawyers today.  


What structure should I use for my new business?

The primary business structures used in Australia include:

  1. Partnership
  2. Corporation
  3. Trust
  4. Sole Trader

Each has advantages and disadvantages. When choosing the correct form for your business, you should consider whether there are personal liability and tax implications.

We can assist you to work out the right structure for your business, and if there are tax implications, we will make sure you get the right help from tax experts.

How do I sell or buy a business?

Selling and buying a business generally involves;

  1. Negotiating terms and exchanging a letter of offer
  2. Entering into a contract of sale
  3. Paying a deposit
  4. Transferring any relevant leases (such as retail or equipment leases)
  5. Transferring any relevant permits or licences (such as liquor licences)
  6. Transferring any business names
  7. Paying the balance at settlement

We can assist you in selling or buying a business from start to finish. We will assist in negotiating terms, drafting and reviewing contracts of sale and assisting with transferring any required leases, licences and business names as necessary.

How do intellectual property rights impact a business?

Intellectual property rights in a certain name or brand can be protected by:

  1. Registering a trademark
  2. Registering a domain name
  3. Obtaining any relevant licence

Before registering a business name, it is important to complete a trademark search, check the availability of domain names and check for any relevant licences you may require in the relevant state or territory.

We can assist with protecting the intellectual property of your business and completing any due diligence before you start up your business.

What types of agreements should I expect to see as a business owner?

As a business owner you will most likely be required to enter into several types of agreements, including:

  1. Retail leases
  2. Asset sale agreements
  3. Business sale contracts
  4. Loan agreements
  5. Employment contracts
  6. Equipment hire contracts
  7. Construction contracts
  8. Distribution agreements
  9. Non-disclosure agreements

We can give you advice and assist in drafting, negotiating and reviewing such agreements.

What happens if I get into a business dispute?

Disputes are common occurrences in the business world and may involve:

  1. Contractors
  2. Landlords
  3. Tenants
  4. Suppliers
  5. Distributors
  6. Business partners

We can assist you in business disputes by giving you advice regarding the dispute, drafting and responding to letters of demand, negotiating mutually beneficial outcomes and drafting settlement deeds.

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