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Our commercial lawyers specialise in court litigation. We deal with conflicts in business and will initially attempt to settle commercial disputes by agreement failing which we will not hesitate to issue legal proceedings in a court of law. We do not allow these matters to drag on and prefer to let a judge decide any contentious issues in early course. If you need urgent advice on a potentially litigious matter just call us on our helpline for instant free advice from a specialist company/commercial solicitor with absolutely no further obligation.

Our solicitors provide limited company formation services to those who wish to incorporate and trade with limited liability. There is usually just one simple reason for incorporating and that is to protect the personal assets of the entrepreneur who intends running the business. There is no guarantee that a new business will be successful and by incorporating a business, directors will not lose their assets and homes in the event of insolvency. The fact that a business is incorporated puts any third party on notice that the liability of the directors is limited to those assets formally in the possession of the company.

Incorporation does not give the directors ‘carte blanche’ and they must still operate the business within the law. Failure to do so may mean that the courts can ‘lift the veil of incorporation’ and make them personally liable for any financial shortfall.

There are some disadvantages to incorporation in that the books and records must be kept in accordance with company legislation and must be audited by a qualified accountant which does not apply to partnerships or sole traders. In addition the tax regime usually treats partnerships or sole traders more favourably.

Before using a limited company formation service you should discuss your needs with a commercial solicitor or a qualified accountant. Mistakes made at the beginning in regards to company formation can have serious consequences at a later date.

• Lawyers are typically thought of as providing representation for individuals, however, there are also corporate lawyers who operate limited company formation services and represent businesses in this complex legal arena. Our corporate lawyers will help guide you through the legal minefield of company law.

• Most corporate lawyers work in large law firms with many partners however corporate lawyers are not reserved only for large corporations. This area of the law is so complex that even small businesses require legal advice in order to navigate complex regulations.

• Another function of corporate lawyers is to advise clients on raising funds for start up, expansion or takeover. Our lawyers are experienced in raising corporate finance and can oversee this process and draft any necessary legal contracts.

There are two ways of incorporating a company. The most common method is to buy an ‘off the shelf’ company that has already been registered but has not yet traded. Most people who do it this way will immediately change the registered name to one that suits them and amend any documentation that isn’t in accordance with their needs. This is the cheapest method and normally takes just a day or two. The other method is to register a bespoke company whereby all of the documentation is drafted on an individual basis and thereafter registered. This process can take just a few hours but is usually considerably more expensive.

Corporate lawyers should display a strong understanding of the industries they are involved in. When employing a solicitor, it is important to ask whether their recent client representations have been similar to the one you will be asking them to perform since the law varies from business to business. Our lawyers are able to provide a comprehensive and professional service for clients ranging from sole traders to international corporate entities.

Our experienced company lawyers are located across Australia and will give you clear, unequivocal advice. If after talking to us you wish to proceed no further you will be under no obligation to do so and you will not be charged anything for our initial advice.