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Commercial Law

Providing strategic legal advice on business structures, disputes, leasing, asset protection, and commercial growth matters in Fremantle, Perth Western Australia.

Our Commercial Law experience is significant. We provide the following services to our clients:

  • Shareholder Agreements drafting and review
  • Shareholder and partner disputes
  • Commercial Leasing
  • Intellectual Property protection
  • Protection of business assets
  • Pathways to commercialisation
  • Loan Agreements
  • Business Terms and Conditions
  • Business Sale Agreements
  • Confidentiality Agreements
  • Employment Law

All commercial law matters are supervised by Matthew Morgan who, for over 25 years, has acted for clients in a wide range of commercial activities including:

  • Hospitality and tourism
  • Resource Services
  • Defence Industry
  • Infrastructure
  • Manufacturing
  • Property Development

We also can assist foreign businesses who wish to commence trading in Australia by offering jurisdictional specific commercial law advice. Introductions with our network of contacts in accounting, taxation, finance and banking fields can also be made to assist in getting businesses started in Australia.

If you would like to know more about how our commercial law services can assist you, please contact us.

Commercial Law

All Areas of Law
  • FAQ

Frequently
Asked Questions

Do I need a lawyer to draft or review a contract?

Yes—especially for anything important.

Many disputes arise from:

  • Ambiguous wording
  • Missing clauses
  • Unfair risk allocation

A lawyer ensures:

  • The contract is enforceable under Australian law
  • Your risk is properly managed
  • Key issues (termination, liability, payment) are covered

A $1,000 review can prevent a $100,000 dispute.

What should be included in a commercial contract?

A solid contract should include:

  • Scope of work
  • Payment terms
  • Timeframes and deliverables
  • Liability limitations
  • Dispute resolution process
  • Termination rights

If any of these are vague or missing, you’re exposed.

What is the best business structure in Western Australia?

It depends on your goals, but common options are:

  • Sole trader → simple, but full personal liability
  • Company (Pty Ltd) → limited liability, more protection
  • Trust structure → tax planning and asset protection

Most growing businesses in Perth operate through a company + trust structure.

What happens if a contract is breached?

If someone breaches a contract, you may be entitled to:

  • Damages (financial compensation)
  • Termination of the contract
  • Specific performance (forcing them to comply)

The outcome depends on the wording of the contract and the severity of the breach.

What is a shareholder agreement and do I need one?

A shareholder agreement governs:

  • Ownership rights
  • Decision-making
  • Exit strategies
  • Dispute resolution

Without one, you’re relying on default Corporations Act rules - which are often not enough.

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