Commercial Law
Garland Waddington has had over 30 years of success in promptly delivering commercial law solutions that meet the needs of our clients and their businesses.
We are committed to maintaining strong, ongoing professional relationships with our clients to ensure that they continue to achieve their objectives.
We provide our clients with high level legal knowledge and skills, together with unambiguous, strategic and effective legal advice.
Our experience includes advising on a wide range of commercial transactions, including business contracts, shareholder, joint venture and partnership agreements, leases, franchising agreements, development documentation and strata title and body corporate matters - and dealing with disputes.
Structuring Advice
Structuring your business and personal affairs appropriately is an essential ingredient in planning for success.
Whether you conduct a business using a corporate structure, or protect your assets using a discretionary trust, or enter into a joint venture, the correct and tax effective structuring of your affairs is a vital element, requiring consideration at the earliest possible stage.
Not being properly structured may mean that you are risking paying more tax than need be the case, or that your assets are subject to more of the risks we all encounter in business and day to day life than need be.
Don't wait until you are facing some crisis to consider whether the structure you are utilizing is optimal, discuss your intentions before undertaking any commercial arrangement.
Our advice is easy to understand and practical.
Trusts and Companies
We have extensive experience in the creation of trusts and incorporation of companies and regularly give advice regarding all forms of trusts and companies including regarding trustees' and directors' duties and beneficiaries and shareholders rights, and associated tax implications.
Leases
Leases (whether of retail, commercial or industrial premises) involve a balancing of the respective rights and risks of landlords and tenants. They comprise a complex bundle of rights and obligations and may regulate the relationship between the parties for many years. They should never be treated lightly, or assumed to be on 'standard terms' or signed without careful consideration.
Garland Waddington have a wealth of experience in advising both landlords and tenants and in the preparation of lease documentation (whether in respect of offices, shops and industrial estates and whether large complexes or stand alone premises).
Leases can be complex so it is always worth obtaining knowledgeable legal and practical advice, not just on the terms of leases as presented, but on what can be included, and regarding the practical difficulties and opportunities they present. We can help you to fully understand the implications and obligations, in order to avoid costly problems.
Body Corporate Law
We have the experience and knowledge to provide you with optimal outcomes in relation to Body Corporate legal issues. Garland Waddington understand that for bodies corporate to work efficiently it is essential for the committee and lot owners to properly understand and consider the legal duties of the body corporate, and ensure that the rules for occupiers conduct are current and in keeping with the interests of unit owners and tenants.
Garland Waddington can:
- prepare and amend the legal documents for the body corporate (including Community Management Statements, Building Management Statements and bylaws);
- advise the Body Corporate on its duties;
- assist in disputes with bodies corporate, lot owners or third-party service providers; and
- advise on due diligence and transactions such as if a third-party service provider (for example an on-site caretaker and letting manager), is seeking to obtain, extend or transfer management rights.
Shareholder, Partnership, Unitholder and Joint Venture Agreements
We have extensive experience in the structuring of business enterprises, utilizing companies, trusts, partnerships and other structures.
We can advise you and can draft appropriate agreements expressing and protecting the rights of the parties.
We understand the intricacies of the business structures, and can advise you about the potential benefits and pitfalls of alternative structures, and how to achieve your long-term goals.
Franchising
We provide advice to prospective and existing franchisees and franchisors ensuring that they:
- make informed decisions;
- comply with the provisions of the Franchising Code; and
- secure the benefits of the franchise model.