Business Lawyers In Pakenham
Protecting your business to secure a prosperous future
Whether you are planning on buying or selling a business, starting a business from scratch or simply seeking legal advice, our experienced business law lawyers can help. We understand the economic landscape and that businesses’ needs can quickly change. Our agile team can assist you in understanding possible opportunities and risks and navigate you through complex business laws.
We pride ourselves on providing clear and concise advice, thoroughly understanding your business’s needs and circumstances and providing a legal outcome you can build upon and take your business to the next level.
Comprehensive expertise across all areas of business law
At Duffy & Simon, our business law specialists deliver end-to-end legal guidance across every stage of your commercial journey. Our experience and foresight can help businesses operate with confidence and long-term security.
- Legal advice on business structures — The foundation of every successful enterprise begins with the proper structure. Our lawyers provide tailored business structure legal advice to help you choose which one best aligns with your goals. We consider liability exposure and future growth to build a structure that protects your assets and supports sustainable expansion.
- Buying/selling a business — Whether you’re acquiring or exiting an enterprise, the process demands careful legal oversight. We handle negotiations, contracts, due diligence and settlements in order to identify risks early and protect your interests. With decades of experience in buying and selling businesses, our team delivers clarity and precision every step of the way.
- Franchise — Our experienced franchise lawyers in Victoria can advise both franchisors and franchisees on agreements, disclosure obligations and compliance matters. We aim to create mutually beneficial, legally sound arrangements that protect your investment while fostering business growth.
- Compliance and governance — Strong governance is critical to a business’s reputation and longevity. We assist in meeting legislative requirements, managing regulatory risks and drafting governance frameworks that uphold integrity and transparency within your organisation.
- Business succession planning — Our lawyers specialise in business succession planning that secures your legacy. We work closely with you to create strategies that address leadership transition, asset protection and continuity, allowing your business to thrive across generations.
Start your next business chapter with confidence
With over 130 years of combined experience, we have successfully worked with family businesses, small to medium businesses, large corporations and individuals in the Pakenham, Berwick, Beaconsfield area, as well as the greater Melbourne and West Gippsland region.
We look forward to discussing your business aspirations with you. Get in touch on 03 5941 1622.
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Frequently Asked Questions
What is a Shareholder’s Agreement, and do I need one?
When running a business, it is important to understand the obligations and entitlements of all of the business owners. A Shareholder’s Agreement sets out what each shareholder’s rights and obligations are, both to each other and also to the company.
It will detail what is expected when things are going well, but also what will occur when one party wishes to exit the business or where there is a dispute amongst the owners. Without a Shareholder’s Agreement, it is difficult to establish these issues, and will make any future sale or dispute more complicated and more expensive to resolve.
What Business Structures are available to operate my Business?
When commencing a business or looking to purchase an existing business, it is important to turn your mind to the type of business structure that best suits your needs. The selection of a business structure usually centres around two issues: tax advantages and asset protection/limitation of liability advantages.
There are a number of business structure options that are available, however, the suitability of these structures will depend on a thorough examination of your personal circumstances, asset position and intention with respect to the business.
Typically, the options available are sole trader, partnership, company in its own capacity or as trustee for a discretionary or unit trust, or a combination of each of these. Duffy & Simon is able to assist you in selecting the most appropriate business structure for your needs, and to advise you on the risks and benefits that attach to each available structure.
What are my obligations as a Director? Can I be personally liable?
Historically, adopting a company structure provided security for directors against becoming personally liable for the actions of the company. However, over time, these protections have been reduced, and company directors can be personally liable for numerous issues that arise through the actions of the company in which their position is held.
Directors carry obligations at law to perform their role in a certain way and to a certain standard. This includes the requirement to avoid a conflict of interest, a requirement to perform the role with due care and skill, and the requirement to ensure that the company does not trade whilst it is insolvent.
A failure to comply with these requirements can create personal liability for directors. Often, in terms of companies through which small businesses are operated, these personal liabilities form the basis upon which liquidators seek to recover money on behalf of creditors of the company when that company has been wound up due to outstanding debts.
It is important from the outset that each director understands their responsibilities at law, and the implications that can flow to them personally where they fall short of the standards required. Duffy & Simon can assist you to understand these requirements, and assess allegations that you have fallen short of those standards.
What should I know before buying or selling a business?
The process involves extensive due diligence, legal documentation and negotiation. Buyers need to rigorously assess financial records, leases, licences, employee contracts and liabilities before committing. On the other hand, sellers must prepare accurate disclosure documents to prevent post-sale disputes. Key contracts include sale agreements, non-compete clauses and asset transfer documentation.
Engaging experienced lawyers in buying or selling a business ensures compliance with the Australian Consumer Law and Fair Work Act while protecting both parties’ commercial interests.
What are the legal steps to franchising my business?
Franchising requires a thorough understanding of the Franchising Code of Conduct under the Competition and Consumer Act 2010. In essence, franchisors must provide a compliant disclosure document, franchise agreement and a cooling-off period.
Working with a franchise lawyer in Victoria can help you develop transparent agreements, protect intellectual property and establish operational frameworks. Proper documentation not only builds trust with franchisees but also minimises legal exposure in the long term.
How can I prepare for business succession or handover?
Effective business succession planning is an elaborate process that involves identifying future leaders, defining ownership transfer methods and structuring exit strategies. It’s essential to consider business valuation, superannuation and family trust implications early.
A legally drafted business succession plan provides clarity during transitions, reduces disputes and preserves business continuity. We recommend partnering with experienced lawyers to ensure all documentation, from wills to shareholder agreements, complies with Australian corporate and estate laws while protecting your long-term legacy.
