Supporting Business Owners: Start-Up, Growth and Disputes

Co-Authored by Tiffany Craig

KEY TAKEAWAYS:

• Businesses require legal support through their entire lifecycle:  from start-up, growth, and maintenance to disputes.
• Filing legal forms, reviewing and drafting contracts, and representing the business in a dispute are some of the key roles lawyers play in supporting business owners.
• Coutts Lawyers & Conveyancers has extensive knowledge and experience in providing support to business owners through all stages. Contact us today if you require assistance!

In its latest release, the Australian Bureau of Statistics (“ABS”) counted 2,662,998 active businesses in Australia with a staggering 97.2% being a small business with no more than 20 employees, 2.6% being a medium business with no more than 200 employees, and only 0.2% being a large business with more than 200 employees (Counts of Australian Businesses, including Entries and Exits, August 2024). No matter the size, nature, structure or goals of a business, owners will often need legal assistance to support the start-up, growth, and maintenance of their business and its interests.

How can Coutts help?

At Coutts, we have a team that specialises in supporting business owners through all stages of their business and are able to assist with a variety of business needs.

Start-Up

Starting up a business can be an exciting but daunting time. From the beginning, important decisions need to be made as to what business structure will suit you and your business best. Different structures have different legal requirements, so it is important to get advice as to which structure suits your needs best and get clarity as to your potential obligations and/or liabilities. Once determined, Coutts’ Commercial Law Team can assist with the legal forms to be completed and advise of the next steps to be taken.

Growth and Maintenance

Once a business has been established, legal advice is still a necessary step to assist the growth and maintenance of the business. This often includes the review of contracts with clients, suppliers, and other third parties to ensure:

• The agreement and the obligations of the parties are clear.
• All relevant terms and conditions are specific and included, and
• Necessary protections, such as indemnity and guarantee clauses, are included.

In addition to reviewing contracts, Coutts can assist with the drafting of a variety of documents and agreements, including but not limited to:

• Employment Contracts
• Commercial Leases
• Sale of Business Agreements
• Franchise Agreements
• Supply of Goods and Services Agreements
• Privacy Policies
• Terms of Trade

Litigation and Dispute Resolution

Unfortunately, there can be times during the life of a business when disputes may arise. These can be internal, be pursued against third-party debtors, or a claim may be brought against the business itself. The dispute may lead to a negotiated agreement, mediation, or proceed to Court. Coutts has an experienced Litigation and Dispute Resolution Team who can provide advice and work with you to achieve a commercial outcome in the dispute, including but not limited to:

• Assisting with the recovery of owed and unpaid monies through debt recovery processes or the Building and Construction Industry Security of Payment Act 1999 (NSW) (for businesses in the building and construction industry)
• Advising in Directors and Shareholders disputes in various capacities
• Assisting with Australian Consumer Claims against the business in respect to the supply of goods and/or services

The legal support you need

Businesses require extensive legal support throughout their lifecycle. Getting legal advice ensures a business is compliant with relevant laws and regulations, is not subjected to demanding or unfair contractual terms, and is adequately informed and represented in the event of a dispute.

The Commercial Law and Litigation, and Dispute Resolution Teams at Coutts Lawyers & Conveyancers have extensive experience in all aspects of business advice and disputes. If you require assistance with or have a query about your business, contact us today.

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