Sydun & Co Solicitors

Legal Things You Need to Know Before Starting a New Business in Australia


If you’re considering embarking on the exciting journey of starting a new business in Australia, it’s crucial to navigate the complex world of legal things.

Business law, or corporate law in Australia protects your interests as a business owner and ensures the smooth operation of your business. It can get a little complex at times, and this is where the expertise of experienced business solicitors from reputable law firms can be extremely beneficial. 

In today’s article, we’ll talk about essential legal considerations to keep in mind while starting your entrepreneurial endeavour.

What are business solicitors?

Business solicitors are legal professionals specialising in the intricacies of business law. They can be your invaluable partners and legal guides whether you’re starting, running, or planning to grow your business. 

They provide expert advice on several legal matters, ensuring your business complies with all relevant laws and regulations.

A corporate law firm like Sydun & Co. can guide you through any challenging and often exhausting legal processes. They specifically work to protect your interests, so you have the added piece of mind knowing that your business is in safe hands.

What should I consider obtaining for my start-up business?

  • Corporate Structure 

One of the initial things you need to take care of during your business planning is figuring out its corporate structure. Your business can be a sole trader, partnership, company, or trust. Each structure has its legal implications, affecting taxation, liability, and more.

  • Trademark

Protecting your brand is crucial. Registering a trademark ensures that no one else can use your brand name, logo, or tagline without your permission. Don’t miss this step!

  • Contracts

Solid contracts are the foundation of business operations. Ensure that all your agreements, including supply agreements, leases and employment contracts to name a few, are clear, comprehensive, and legally sound.

  • Insurances

Business insurance is vital to protect your assets and mitigate risks. Consult with business solicitors from top corporate law firms to determine the right insurance policies for your specific needs.

  • Company Policies

Draft clear company policies to govern employee conduct, including issues like workplace safety, harassment, and privacy. These policies should comply with Australian employment laws.

What are the key things to consider for my company’s employment agreement?

When hiring employees, it’s essential to have a well-crafted employment agreement in place. Your employment agreements should cover the following:

  • Job description and responsibilities
  • Salary, benefits, and leave policies
  • Termination and notice procedures
  • Confidentiality and non-compete clauses
  • Compliance with the Fair Work Act and other employment laws

What are the key things I should cover in an e-commerce business terms and conditions?

If your business involves e-commerce, your website’s terms and conditions should address key legal aspects:

  • Terms of sale
  • Refund and return policies
  • Privacy and data protection
  • Intellectual property rights
  • Dispute resolution procedures
  • Disclaimers

These terms should be accessible and transparent to all website visitors.  

How do I get a customer to pay me when they dispute my bill? Should I go to court?

Billing disputes can be challenging. Before rushing to court, consider alternative dispute resolution methods like negotiation, mediation, or arbitration. 

Court should be a last resort, as it can be time-consuming, expensive and stressful. A business solicitor from a well-established corporate law firm in Sydney can help you navigate disputes and delicate situations effectively.

Legal aspects to consider if I plan to sell my small business.

If you plan to sell your small business, it’s essential to consider these legal aspects:

  • A valuation of your business
  • Asset and liability transfers
  • Contracts and obligations transfer
  • Due diligence by potential buyers
  • Complying with all legal requirements for business sales
  • Capital Gains Tax liability

All these legal components can make the process smooth and eliminate the chances of mistakes. Always seek professional advice because corporate mistakes might sometimes lead to legal disputes that can cost you some serious bucks. 

Frequently Asked Questions

  • Is it necessary to hire a business solicitor?

While it’s not mandatory to hire a business solicitor, these days, it is highly advisable. Business Solicitors have a wealth of knowledge in Australian business law. They can offer you invaluable guidance in navigating the legal intricacies involved in establishing and running a business. 

Their expertise can help you avoid legal pitfalls. These professionals ensure that your business operates legally.

What are the costs associated with trademark registration in Australia?

The cost of registering a trademark in Australia varies. Your final cost will depend upon the whether you wish to use common or generic words, the complexity of the trademark and the number of classes you need to register it in. 

It’s recommended to consult with a business solicitor or trademark attorney for an accurate cost estimate. They can also guide you on the trademark registration process.

Can I draft my own contracts and legal documents for my business?

You can certainly draft your own contracts and legal documents. But it’s crucial to ensure that they are legally sound, comprehensive and that you have everything covered.

Many business owners work with legal professionals during document creation to avoid potential legal issues in the future. Business solicitors are experienced in drafting business contracts. They create contracts that protect your interests, comply with Australian commercial law and give great piece of mind, too.

How can I protect business intellectual property in Australia?

Protecting intellectual property is vital for businesses. In Australia, you can protect your intellectual property through various methods. These include trademark registration, copyright, registration of patents and the use of Non-Disclosure Agreements for concepts and ideas. 

Consulting with a business solicitor or intellectual property attorney in Sydney can help you determine the most optimal approach for safeguarding your intellectual assets.

What is ‘alternative dispute resolution’, and when can I use it?

Alternative dispute resolution (ADR) represents different methods of resolving legal conflicts outside of the courtroom. ADR can include negotiation, mediation, and arbitration. 

It is often a more cost-effective and less time-consuming approach to resolve disputes, including billing disagreements or contract disputes. It’s advisable to consider ADR before pursuing a legal battle in court. It offers faster and more amicable resolutions.

When should I review and update my business contracts and legal documents?

Business contracts and legal documents should be regularly reviewed. They should be updated consistently to reflect changes in your business, Australian laws, or the business environment. 

It’s a good practice to get your business documents reviewed by a business solicitor annually. You can also get them reviewed and updated whenever significant modifications occur in your business operations, partnerships, or the legal landscape.

Wrapping up

Starting a new business in Australia is a path filled with potential and promise. However, your entrepreneurial venture should be guided by a solid understanding of the legal landscape. 

Business solicitors from corporate law firms like Sydun & Co. in Sydney can be your invaluable partners in this endeavour, for a  sound legal foundation is a cornerstone of any thriving business.

More To Explore