Our team at Wickham Lawyers is dedicated to understanding your business and operating environment. We have observed that early involvement in the planning stages of a business issue or transaction can significantly increase the likelihood of a positive outcome. Our top priority is to alleviate the pressures associated with running a business, enabling you to focus on its daily operations.

We understand the complexities of managing a business and aim to minimise the challenges that come with it. By collaborating with us early on, we can leverage our legal expertise to ensure that your business issue or transaction is resolved in the most favourable manner possible. This provides you with peace of mind and allows you to concentrate on what truly matters – running your business.

We provide comprehensive array of commercial law services, such as:

• Contract drafting and review: We provide assistance with drafting and reviewing contracts, agreements and deeds. Our services include providing guidance, analysing, and discussing business contracts and agreements, and assessing their potential impact on our clients. We also offer assistance with day-to-day issues as they arise.
  
  
• Asset protection: Effective asset protection involves more than just setting up a company to run your business or holding assets in a spouse’s name. It requires a comprehensive understanding of the risks involved, as well as the implementation of appropriate risk management systems, a well-structured business, and careful consideration of personal asset ownership. Our team recognises the importance of asset protection for our clients and works closely with them to develop tailored strategies that are designed to minimise risk and protect assets. We emphasize the importance of regular planning and reviews to ensure that your asset protection strategy remains effective and up-to-date in the face of changing circumstances.

• Business reconstruction: The process of business reconstruction is multi-faceted, and our team has experience in navigating the complex legal process of filing for bankruptcy or restructuring. We advise you on the best approach for the company, negotiate with creditors, and represent the company in court.
  
  
• Australian competition and consumer law advice: Our competition law regime is designed to promote fair competition and protect consumers from anti-competitive behaviour such as price-fixing, market sharing, and the misuse of market power. Consumer protections laws ensure that business assure their consumers with guarantee for quality of goods and performance of services that they provide. Our team keeps up constantly evolving practices in competition and consumer law to make ensure that business complies with all their obligations, and we provide services requiring application of the provisions of the Australian Consumer Law including, those relating to goods and services, warranties and misleading and deceptive conduct.

• Corporate governance: Corporate governance refers to the system of rules, practices, and processes by which a company is directed and controlled. We provide assistance on matters related to corporate governance compliance with relevant laws, regulations, and best practices; including advising directors of their responsibilities and obligations, fiduciary duties and conflicts of interest. We have experience in facilitating shareholder relations, ensuring regulatory compliance, and identifying and managing risks.
  
  
• Trust and company formation: Creation of a trust or company includes selection of entity best fitting your needs – such as a corporation, partnership, or single person company. It involves evaluating factors such as liability protection, tax implications, and management structure. Our team regularly assists companies with the registration process with Australian Securities and Investments Commission (ASIC). We prepare documents, such as company constitution and shareholder agreements, and ensure compliance with ASIC’s requirements. We can also assist you with obtaining any necessary licenses or permits.

• Mergers and acquisitions: We provide assistance including due diligence to assess the legal risks and liabilities associated with the transaction, negotiation and preparation of transaction documents, including share purchase agreements, asset purchase agreements, and merger agreements, and documentation. Our team will ensure compliance with legal and regulatory requirements and protect your interests.
  
  
• Non-disclosure and confidentiality – Our services in the sphere include drafting and reviewing non-disclosure agreements (NDAs), advising on the enforceability of NDAs, and representing clients in disputes related to breach of confidentiality. We provide guidance on best practices for protecting confidential information and trade secrets, advising on the legal implications of sharing or disclosing confidential information.
  
  
• Joint ventures: Advising on the appropriate structure for the joint venture, drafting and negotiating joint venture agreements, and advising on regulatory compliance. We also assist with due diligence, risk assessment, and post-joint venture integration.
  
  
• Intellectual property: Advice on protecting and managing intellectual property, including the registration of patents, trademarks, and copyrights with the relevant Australian authorities, assist with enforcing IP rights; advise on the commercialisation of IP, including licensing, franchising, and distribution agreements and conduct due diligence on IP assets.
  
  
• Employment law: We provide valuable legal advice and assistance to employers and employees on employment law matters, such as employment contracts and policies, discrimination and harassment claims, unfair dismissal and redundancy advice, employee entitlements and benefits, health and safety compliance and litigation and dispute resolution.
  
  
• Banking and finance: Advise on banking and finance matters, including preparation and review of loan documentation, such as loan agreements, security documents, and guarantees; advise on structured finance transactions, such as securitizations and derivatives, and assist with compliance with banking and finance regulations.
  
  
• Real estate: Advise on property transactions, preparing and reviewing lease agreements, conducting due diligence, and providing advice on zoning and planning regulations. We also assist with property disputes, such as boundary disputes and landlord-tenant disputes, and provide advice on environmental and sustainability issues related to real estate.
  
  
• Risk management: Our team can assist you with risk identification and assessment, development of risk management strategies, advising on risk mitigation measures, drafting risk management policies and procedures, and providing training and education on risk management. We have experience in helping clients identify and manage risks in order to minimize potential harm and protect their interests.
  
  
• Insolvency and restructuring: Advice you of your restructuring options, such as voluntary administration or a scheme of arrangement, assist with insolvency proceedings, including receivership, liquidation, and bankruptcy and advise directors and creditors on their legal rights and obligations in insolvency and restructuring matters.
  
  
• Commercial litigation: We provide clear and strategic guidance that leads our clients towards the most favourable outcomes possible, even in the most complex and challenging cases.

In the event of a contract dispute, even the most amicable parties can incur significant legal fees, court and litigation costs, settlement payments, or unfavourable court judgments when the contract is poorly drafted. That is why it is essential to invest in a professionally drafted, customised agreement that protects your interests and mitigates potential risks. Our team of experienced commercial lawyers specialises in drafting and reviewing comprehensive agreements that meet the specific needs of your business.

Family-owned businesses often strive to provide financial stability for the next generation, and our team of lawyers understands this goal. We have the necessary resources, expertise, and emotional intelligence to address the unique challenges and concerns faced by family businesses. Our lawyers will work with you to develop customised strategies and solutions that help you achieve your long-term goals and ensure a secure future for generations to come.

We can help you position your business for success and minimise the potential for costly liabilities in the future. By working with our experienced business lawyers, we can assist you in identifying and addressing potential legal issues before they become problematic. Through careful planning and proactive legal advice, we can help you navigate complex legal requirements and protect your business interests.