Commercial Law | Business Lawyers| Brisbane Law Firm

 

Buying and Selling Commercial Real Estate

This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. (Commercial & Business Law)

Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

• Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
• Special purpose property contracts.
• Development contracts for the proposed acquisition of properties for either development or subdivision.
• Off-the-plan contracts for the sale of your future property
• Put & Call Options and Master Put & Call Options
• Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
• Commercial leases that include Retail Shop leases

Commercial leases (for landlords and tenants) including Retail Shop leases
We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant or assignee as well as on your commercial, industrial and retail properties.

RESIDENTIAL CONVEYANCING

Residential Conveyancing Expertise

We, at Aylward Game Solicitors,  will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.

Buying and selling of a residential or an investment property is a great financial transaction that needs to be taken seriously.

This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.

Legal Experts in Brisbane Conveyancing

Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.

 

 

They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.

Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.

SMSF PROPERTY

Buying Property within a Self Managed Superannuation Fund

There is a marked increase in the number of investment properties being purchased within a Self Managed Superannuation Fund, and there can be many advantages to utilising this structure.

However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.

Looking to Find A Conveyancer in Brisbane?

We have experience in all areas of Property-Law in Brisbane including Property Contract Termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.

Looking to save money and get cheap conveyancing in Brisbane?

To discuss your matter, please contact us at your earliest convenience for a Free Case Review.

Contractual Arrangements

Dealing with contractual arrangements and agreements

Shareholders, partners, and co-operators may enter into a contract to agree on their needs or wishes before leaving or establishing the business law. They may arrange independent contractor arrangements, consultancy agreements, agreements with customers, service providers, and suppliers or employment contracts. Documenting what has been agreed between you and your business partners is very important to properly secure both of your rights and interests as well as prevent misunderstanding in the future.

Aylward Game Solicitors can provide straight-forward and practical assistance in arranging these basic contracts:

• Partnership agreement for individuals creating a partnership
• Shareholder agreement for a particular company
• Employment agreements between the employer and all salaried staff
• The standard form of Terms of Trade or Supply Agreement between the company and suppliers that provide services and products to them or their customers
• Special purpose contracts entered into by parties due to unusual circumstances.

Franchise Agreements

Aylward Game Solicitors can assist you to prepare Franchise Agreement, acquire or set up a new or existing franchise business law and understand the consequence of a transaction you’ve just entered into, including:

• The effect of paying the upfront costs to the franchisor
• Ongoing cost and expenses of the franchise and the terms to increase or change them
• Restrictions of the business law operations
• Selling and assigning franchising rights
• Cost and liability of transferring a franchise
• Leasing business premises or getting a license to occupy the franchisor’s premises

Trusts & Corporate

In building and starting your business operation, the impeccable service of Aylward Game Solicitors can help you develop the best structure. They guide clients in carefully thinking and considering their individual circumstances and the means to be used in operating their business.

To ensure you got all your rights and interest covered, they liaise with your accountant and financial advisor during the consideration process.

Article Source: Commercial Law

Commercial Litigation | Brisbane Solicitors

 At Aylward Game Solicitors we are able to assist you to protect and/or defend your legal rights and entitlements in all Queensland Courts (including any tribunals where parties are able or have been granted leave, to be legally represented) and all Federal and Circuit Courts (including the High Court of Australia). We have strong ties with similar firms in Sydney and many parts of Australia.

Our focus at Aylward Game Solicitors is always to take a practical approach to dispute resolution and wherever possible we will endeavor to obtain resolution for you by negotiation or mediation before commencing or pursuing formal legal proceedings or commercial litigation. Litigation, like surgery, is a last resort. It’s a bloodsport, one party wins and the other loses.

What is Commercial Litigation?

There are three tiers of commercial litigation: Top-tier, Mid-tier, and Entry-tier.

Top-tier

On the top tier are the big banks and the top 100 ASX companies paying the mega law firms thousands of dollars per hour to engage in a veritable boxing match. It is highly important litigation as it often ends up before Courts of Appeal, if not the High Court of Australia. The decisions of these Superior Courts form the very heart of Australia’s doctrine of precedent, ‘judge-made’ law.

Mid-tier

On the next tier are the David and Goliath struggles. Again, the protagonists are often big banks and the top 100 ASX companies. The dramatis personae could also include the Australian Tax Office (ATO) or the Australian Competition & Consumer Commission (ACCC)). Poor old Mr. Widget or Widget Pty Ltd really face the prospect of going to the wall. The mega law firms, for client Goliath, are ranged against much smaller firms, for the smaller client.

Surely the Goliath’s will do a cost/benefit analysis of funding each step of the litigation? Wrong. Disabuse yourself of this notion immediately. The Goliath’s have very deep pockets and implicitly understand that the contrary applies to Mr. Widget or Widget Pty Ltd. Put simply, it is a war of financial attrition. They go for broke – literally. To use a sporting analogy: who would you back in a Rugby international between the Springboks and Japan? (Well there was that 2015 Rugby World Cup upset).

You will lose unless your lawyer can skillfully extricate you through alternative dispute resolution.

Entry-tier

This is Mr. Widget or Widget Pty Ltd verse Mr. Gadget or Gadget Pty Ltd in all levels of Courts but particularly inferior Courts of record such as Magistrates Courts, the District Court and tribunal such as QCAT.

Can Aylward Game Help?

• Top-tier? No;
• Mid-tier? Yes.

In recent times Aylward Game has been on the record in litigation in Superior Courts in matters as diverse as:

• Assignment of proprietary interests in commercial litigation;
• Contentious discovery and disclosure issues in fiduciary relationships;
• Unfair preferential dividends in corporate insolvencies;
• Unconscionable conduct in trade or commerce;
• Entry-tier and mid-tier is no problem.

COMMERCIAL LITIGATION SERVICES

Debt collections, Corporate and Personal Insolvencies are our bread & butter.

We can assist you with breaking leases, body corporate disputes, breach of trust disputes and estate litigation.

Engage in Alternative Dispute Resolution (ADR) – Do not hide from your creditors: talk with them.

A vital part of commercial litigation is the negotiation /mediation /Alternative Dispute Resolution mosaic.

At the end of the day most litigation boils down to cold hard cash (or lack thereof).

Many a creditors petition for bankruptcy has been withdrawn on the basis of successful negotiations to pay a lesser (but still fair) sum in dispute. For example, many creditors would prefer to accept 50% of debt than proceed to bankruptcy.

On a more formalized level a bankruptcy may be avoided by what is known as a Part 9 or Part 10 agreement. (Similar agreements apply in corporate insolvencies).
Be forewarned – litigation like surgery is a last resort!!

Franchise Agreements

There are not enough entrepreneurs in Australia. Get out and have a go.Allied commercial /business law issues

Also, attendant to having your own business is diverse issues (and for each of these issues are legal issues that fit like a hand into a glove) for instance:

• Franchising / Licence agreements;
• Premises: negotiating a lease;
• Insurance;
• Cash flow, Rent, wages and utilities go out each and every week. Do funds come in at the same frequency;
• Do you sell your invoices to factoring agents?
• Contractual relationships with suppliers and customers;
• Intellectual property: do you or your staff on this?
• Hiring / Firing staff;
• Staff embezzlement investigations;
• Taxation;
• Protecting your personal assets if your business fails. Would you be better off being a sole trader, such as Mr. Widget, or a company Widget Pty Ltd;
• If your business fails, how do you extricate yourself from the fallout;
• Succession plans for your business. What happens if you become seriously ill or worse? Do you entrust your business to your buffoon son, or a trusted business adviser?

BUSINESS MEDIATION

Because of the impact of business disputes, they can be time sensitive. This makes it crucial to receive precise and immediate advice on all issues in relation to the legal dispute, including possible outcomes.
Disputes are a part of business, and having a lawyer to call when these disputes happen is important to the survival and prosperity of your business.
At Aylward Game we regularly deal with these issues on both a Transactional Basis and/or Litigation basis.

Aylward Game Solicitors, keeping you ahead of the game.