General Commercial & Property

Get it done well, and efficiently. Do it whenever it suits you with our online solutions.

 

We can help with your commercial and property needs

  • Contracts: Negotiation, templates & review

  • Property and Leasing

  • Partnership agreements

  • Trademarks and IP

  • Protecting confidential information; NDAs

  • Debt collection and debt management

  • Bankruptcy and Insolvency

  • ASBFEO Dispute Resolution Panel

  • Use our online Forms, or go bespoke:

    • Register a new Company

    • Create a Discretionary Trust

    • Create a Hybrid Trust

Start your business
Grow what you have built
Get your structure right
Due diligence on your contracts
Engage staff and suppliers
Acquire premises
Protect your IP

Contact us now to discuss:

  • Start a business, register your business name, get an ABN, trademark your IP

  • Hire and fire staff; worker and family visas

  • Commercial and industrial leases, purchasing premises, and property due diligence.

  • Shareholder Agreements, company constitutions, and division 7A agreements

  • Non-disclosure Agreements, intellectual property rights, and your contract templates.

  • Issues with the Australian Taxation Office

Our online forms mean you can work in your own time
Register a Company
Create a trust deed
Register a Trademark
Register for an ABN
Register for a Tax File Number
Family companies and trusts

Our commercial arrangement with Cleardocs means that you can save time and expense, by completing a comprehensive form whenever and wherever it suits you. And we can guide you through the form if you want us to.

Simple contact us and after you accept our Costs Agreement we will send you a link to an online form.

We will also follow up with ASIC and the ATO to make sure that the forms were completed right!

Personal service

Prefer personal service?

  • Our trained personnel can complete the required forms for you.

  • Chat to our senior lawyers about your specific needs. We partner with ACIS to create custom solutions that are tailored to you.

Company Basics
Register with ASIC and the ATO
“Off the shelf” structure
Bespoke structures
Family companies

If you know what a company is and the services you require, contact us today for the solutions you need.

Learn about creating a new company

  • The key elements of a company are:

  • A purpose. What are the activities that the company will undertake, through the people it engages? This will also help determine whether the cost and obligations associated with establishing a company is preferrable to other legal structures.

  • The shareholders. They may be individuals, other companies, and even trustees. The shareholders contribute capital. Capital are the funds and assets required for the Company to commence achieving its purpose.

  • One or more directors. They hold responsibility for the company’s affairs and its strategic direction.

  • A secretary. The Secretary is responsible for the company’s administrative records.

  • A constitution that entrenches the company’s purpose and sets out the basic rules for the company’s operation.

  • Capital. Ideally, money. Otherwise, the resources necessary to aheive its intended purpsoe.

Registering a company, at a minimum, requires that the proposed directors of the company have registered using GovID for a Director ID, and that all proposed directors and shareholders provide personal information.

The costs of establishing a company include ASIC’s registration fee, and professional fees for your advisors.

Learn about trusts
Discretionary trusts
Hybrid trusts
Family trusts

Do you know your discretionary trusts from your fixed trusts, and your family trusts from your unit trusts?

Trust requirements depend on the state or territory where the trust is registered. The general requirements include:

  • Property. Ideally income that produces income (like cash in investment accounts and real property) or in value (like art and gold).

  • A settlor, who is the original owner of the property.

  • An appointor, who determines who the initial trustee or trustees are.

  • A trustee, who may be one or more individuals or companies.

  • Beneficiaries – the people who ultimately benefit from the property and income of the trust.

  • Payment of stamp duty upon creation of the trust, in certain circumstances.

The term ‘distribution’ refers to income of the trust being distributed to one or more beneficiaries.

The purpose of the trust will determine its form:

  • A fixed trust, is a trust where the income of each beneficiary is determined under a formula.

  • A discretionary trust is a trust where the trustee chooses whether any beneficiary receives a dividend from time to time.

  • A hybrid trust borrows elements from each of fixed trusts and discretionary trusts.

  • Under a unit trust, each beneficiary is appointed one or more ‘units’. The units may be bought and sold, including to non-beneficiaries, subject to the rules of the trust. Unit trusts may be fixed or non-fixed (discretionary).

  • A family trust can be a tax-effective vehicle for families to provide for each other, when established in an appropriate way.

  • A blind trust and other special purpose vehicles can be established for specific circumstances. For a blind trust, the beneficiaries do not have visibility of how the trustee manages the trust or the trust property, and thereby permits beneficiaries to avoid conflicts of interest in the conduct their unrelated activities.

Contracts, Deeds, and Letters of Intent
Drafting, templates and review
Negotiations and variations

Our documents are tailored for you, and identify and manage risk as best can be achieved through contract. The documents will also be tailored for the process you use to have your clients sign your contracts.

We can also contribute to negotiations at all stages.

Property and Leasing
Transactions
Due diligence
Negotiations and variations

We offer many basic property and leasing services.

  • Draft and review leases and licences

  • Agreements to lease

  • Off-the-plan purchases, and agreements-to-lease

  • Construction contracts and disputes, including security of payment

Partnership agreements

Every business requires relationships to succeed.

In some circumstances, a partnership may be deemed by the conduct of each person.

If your relationship is a legal partnership, it is smart to document the arrangement to manage each partner’s legal risk.

Our other commercial legal services

Talk to us about:

  • Debt collection and management.

  • Bankruptcy and Insolvency

  • Registering your Trademarks

  • Protecting confidential information and IP, including Non-Disclosure Agreements

We are a member of the ASBFEO dispute resolution panel

The Australian Small Business and Family Enterprise Ombudsman is a small agency linked with the Commonwealth Department of the Treasury.

Apollo.Law is part of the Australian Small Business and Family Enterprise Ombudsman small business "Alternate Dispute Resolution" panel.

Learn more about the services provided by the ASBFEO via: Dispute support | ASBFEO