WA Commercial Law

Professional And Experienced Commercial Lawyers

Commercial Lawyers in Perth, WA

At Vibe Legal, we enjoy helping our clients grow their business, meet their needs and commercial objectives. Our lawyers offer a wide range of legal services to assist businesses of all sizes at all stages of their lifecycle, from start-up to exit.

At Vibe Legal, our lawyers combine their legal knowledge with significant personal experience in business, to benefit clients. We know from experience that the management of your business often demands a quick response and advice that is both practical and commercially aware. We aim to deliver a professional service that meets your demand. We are a family business too so rest assured we’ll take care of you!

Business Start Ups

Firstly, you need to work out who will be setting up the business, will it be you individually? If so, you may consider a sole trader, company, or trust. If it is more than just you, you might consider a partnership, a company, or a trust.

Once you have worked out the type of entity that will be running the business, you will need to work out what name your business will trade under. The process regarding the registration of the name of your business will vary depending on the type of entity you trade through.

Business Sales Agreements

Assist businesses owners to choose or rethink their legal structures and to define or redefine their stakeholder relationships.  Prepare legal documents such as company constitutions, shareholders agreements, discretionary trust deeds, unit trust deeds, hybrid trusts deeds, unitholders agreements, joint venture agreements, partnership agreements, venture capital investment fund deeds, SMSF trust deeds, SMSF borrowing bare trust deeds.

Franchise Agreements

Franchise Agreements are often complicated and usually afford the Franchisors the right to retain control over the name, brand and business systems that are to be used by the Franchisee. Understanding both Franchisor and Franchisee’s obligations and risks prior to entering into a legally binding agreement is a commercially sensible step to take when considering pursuing a Franchise model. When reviewing such agreements, our commercial lawyers endeavour to provide advice that is in line with current commercial standards and is commercially practical. We also offer advice to clients in respect of existing Franchise Agreements and the rights, obligations, and responsibilities of each party to the contract. 

Commercial/Retail Leases

Whether you are a landlord or a tenant, you should always seek legal advice in the negotiating and preparation of Commercial Leases, Sub-Leases, Lease Amendments, and assignment of Lease.

Further, if the Commercial Lease falls under the Commercial Tenancy (Retail Shops) Agreements Act 1985, there are specific obligations to be undertaken by the landlord and the tenant prior to entering the lease. 

To avoid the pitfalls that come with a poorly drafted Commercial Lease and falling foul of the Commercial Tenancy (Retail Shops) Agreements Act 1985, always make sure you obtain legal advice about your lease.

Employment Contracts

Issues regarding employment contracts can arise at any stage of the employment relationship. You may be seeking legal advice about whether a contract you have been offered by a prospective employer is “fair”. Alternatively, if your employer is proposing to “update” your current contract with a new one, you may want to know how this will affect your rights and obligations. Or you may be in dispute with your employer about the interpretation of a clause, and you want legal assistance to help resolve the stalemate.

Regardless of what is stated in your contract, our employment contract lawyers can advise you of certain rights which are guaranteed by legislation. Your employer cannot “contract out” of the 10 National Employment Standards in the Fair Work Act 2009 (Cth), (known as the “NES”) by stating something in your contract which is inconsistent with the NES. If they do, the relevant clause will be invalid to the extent of the inconsistency. The NES relate to the following matters:

  • maximum weekly hours; and
  • requests for flexible working arrangements; and
  • parental leave and related entitlements; and
  • annual leave; and
  • personal/carer’s leave, compassionate leave and unpaid family and domestic violence leave; and
  • community service leave; and
  • long service leave; and
  • public holidays; and
  • notice of termination and redundancy pay.

Similarly, if you are covered by a modern award or enterprise agreement, then any individual contract between you and your employer will be read subject to the terms of the award or agreement.

Whatever the situation, we can help you to understand, negotiate and enforce your contractual rights and obligations.

Contracts Disputes

We offer dispute resolution services and business litigation covering a wide range of problems including breach of contract, building and property disputes, debt recovery, partnership disputes and corporations’ law.

Whilst our key objective is to keep our clients out of court, litigation is sometimes appropriate.

Debt Recovery

We offer dispute resolution services and business litigation covering a wide range of problems including breach of contract, building and property disputes, debt recovery, partnership disputes and corporations’ law.

Whilst our key objective is to keep our clients out of court, litigation is sometimes appropriate.

Personal Property Securities Act 2009

The Personal Property Securities Act 2009 (Cth) (‘PPSA‘) came into effect on 30 January 2012 and radically changed the laws affecting interests in Personal Property.

The PPSA created a new national scheme for the registration of Security Interests over Personal Property. The Register is known as the Personal Property Securities Register and is commonly referred to as the PPSR.

Overview

The PPSA affects almost every business that supplies goods (whether by sale or lease) or extends credit with security. If used effectively the PPSA creates rights and protections for businesses that did not exist previously. However, businesses that ignore the PPSA and fail to register a Security Interest on the PPSR face a real risk of suffering significant losses in ways that would not have occurred prior to 30 January 2012.

In broad terms, businesses seeking to protect themselves against a customer’s insolvency by taking security over a debtor’s Personal Property will now need to Register a Security Interest on the PPSR.

Scroll to Top