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Commercial/business Services

At Eden King Lawyers, we offer the following services to our clients:

  1. Advice & litigation
  2. Dispute resolution
  3. Banking and Finance services
  4. Debt recovery
  5. Insolvency and bankruptcy services
  6. Conveyancing
  7. Leases and property law
  8. Franchising
  9. Construction services

Leases and Property Law

Things to consider before entering into a Commercial Lease

  1. Rent payable, including considerations for annual market rate increases;
  2. Rent review, including considerations for overall return on investment over a certain number of years;
  3. Outgoings, including council rates, water rates, enclosure permit costs, land tax, all risk policy and insurance, GST;
  4. Expenditures, including water, gas, electricity, telephone, heat and other utilities that are provided to the premises;
  5. Bond or bank guarantee, including cash bond or bank guarantee for the amount specified in the Lease as security;
  6. Goods and services tax (GST), including any taxable supply, and any GST payable in addition to the costs of the supply;
  7. Legal costs, including reasonable legal costs and disbursements to negotiate and preparing and registration of the lease;
  8. The intended use, state of repair and suitability of the property, including making enquiries with the relevant Council that the intended use is permitted without consent;
  9. Maintenance, repairs, alterations and additions requirements and restrictions, including keeping the premises and all fixtures and fittings in a state of good repair, fair wear and tear and damage caused by flood, fire and storm.
  10. Policy and insurance applicable to the premises to cover against any claim for damage to the premises or injury to person occasioned from the premises and during the running of the business;
  11. Guarantor to guarantee that they will be jointly and severally liable to the due payable of all money payable including damages to the premises and outstanding rents and payments; and
  12. Default and termination, standard lease provides the party in default with 30 days to rectify any breach, including removing any fixtures, fittings, machinery and goods from premises.

Advice & Litigation

How do I start a Litigation Claim?

You may be able to start a Litigation Claim if you satisfy the following:

Step 1: You have suffered a loss (financial loss/injury) due to the act or omission of another party?

Step 2: That party’s act or omission had caused your loss directly/indirectly.

Step 3: The person is unwilling and/or not prepared to compensate your loss.

If you satisfy the above, Eden King Lawyers can review the facts of your case and advise you on potential claims you may have against the other party that resulted in your loss. A

We understand litigation matters are stressful, time consuming and expensive, thus we always aim to provide you with strategic and cost-effective advice to resolve the matter at an early stage without the need to commence legal proceedings.

However, if you decide to proceed to legal proceedings we have the knowledge and expertise to prepare for the proceedings and to attend court.

Our Litigation services

  1. Debt recovery
  2. Commercial disputes
  3. Professional Negligence
  4. Contract disputes
  5. Defamation
  6. Insolvency
  7. Bankruptcy
  8. Trade practices
  9. Corporations disputes
  10. Dispute resolution
  11. Property disputes
  12. Equitable disputes

Banking and Finance services

Things to consider when buying a business or franchise

  1. Financial records of the business - including profit and loss, balance sheet, and  business activity statements etc to assess the financial viability and return on investment. 
  2. Structure of the business - such as company, partnership, sole trader, or trust:

    Company:
    you can own and operate the business as a director, and shareholder. You will be regulated by the Corporations Act 2001(Cth), and be responsible for trading, tax, record-keeping and reporting to ASIC.

    Partnership: you can own and operate the business with another owner or owners, and the parties be in a partnership meaning each partner is jointly and severally responsible for all the liabilities and debts of the business.

    Sole trader: you can own and operate your own business through your individual name, and you will be responsible for all business liabilities and debts.

    Trust: a trustee is appointed to own and operate the business for the benefit of the beneficiaries of the trust, and the beneficiaries may not be personally liable for the business debts.
  1. Plant fitting fixtures, such as what plant, equipment and machinery’s are included with the business and the Contract of Sale, and depreciation value over time.
  2. Stock - including consideration as to whether the trading stock is included in the purchase price or in addition to the purchase price or are you obligated to purchase the stock.
  3. Premises consider the type of real estate contract and/or lease you may be subject to that are interdependent from the sale of the business. Important factors to consider include, rent, option to renew, outgoings and contributions, terms and conditions, relevant Council consents are available for the particular premises, and suitable for the intended usage.
  4. Contacts and details – ensure all plant, equipment and machinery registration details are transferred to your business and title. Also, ensure all email, phones, and domain details are transferred at settlement.
  5. Business name – ensure the Contract of Sale includes conditions for the transfer and registration of any business names and titles.
  6. Existing employees – when employing existing staff members ensure to get their full details, including full name and contact details, salary, employment status and position, any leave and holiday entitlements, and any employment contracts.
  7. Restraints of trade – consider the geographical location of your business and any potential competitors.
  8. Goods and Services Tax (GST) – check with your accountant to see if you are required to be registered for GST depending on the type of business.