To ensure that you extract the maximum amount of value from your business when you exit, it is essential to have a succession plan. Most business owners end up selling their business well below value or shutting the doors simply because they did not have a succession plan in place.

At McCarthy Durie Lawyers we can walk you through all the steps of succession planning, from identifying the appropriate person or people to take over the business to creating legal structures that facilitate the transfer of the business to the right people at the right time.

Franchising is an increasingly popular way for budding entrepreneurs to enter into small business. Franchising is also a proven concept upon which existing business owners can base their strategies for business growth and expansion.

Franchising as a concept has its limitations though, and as with any business venture there are no guarantees of success.

In Australia, Franchising is heavily regulated. If you are contemplating acquiring a franchised business, whether that be an existing franchised business or a “greenfields” site, it is very important to get sound legal and professional advice and assistance with respect to your proposed acquisition. Equally, if you are selling an existing franchised business there are a number of critical steps that need to be followed to ensure the transaction reaches completion.

MDL offers expert strategic advice on all aspects of insolvency, working closely with you and your professional advisers to achieve the best possible outcomes.

Our insolvency specialists are actively involved at every stage, ensuring you stay informed with a strong focus on responsiveness and accessibility.

Support for Directors

We provide guidance on:

• Duties and responsibilities

• Debt collection and recoveries

• Directors Penalty Notices and ATO disputes

• Director obligations post-liquidation, voluntary administration, or receivership

• Defending insolvent trading claims and other breaches of duty

• Appointing a liquidator or administrator

• Company de-registration and re-registration

• Representation at public examinations and creditor meetings

Support for Companies

We assist with:

• Managing debtors and creditors

• Ensuring proper documentation, including terms and credit applications

• Personal Property and Securities Act compliance

• Setting aside statutory demands

• Defending winding-up applications

• Navigating liquidation, administration, or receivership processes

MDL has extensive experience in providing Intellectual Property (IP) advice and assistance to protect the interests of you and/or your business.

Notwithstanding that IP is often a significant asset to many businesses, our experience is that IP owners tend to place insufficient time, effort and expense protecting this form of asset. With trade being increasingly conducted through online services, it is more important than ever to secure your IP and put in place appropriate strategies to minimise others infringing on your IP rights.

At MDL we understand that IP takes many forms. We have the expertise to assist you in developing strategies for both IP protection and leverage strategies.

Areas in which we are able to assist include:

Applying for and seeking registration (both within Australia and overseas) of:

• Trademarks

• Innovative and Standard Patents

• Industrial and commercial Designs

Advice in relation to:

• Trademarks generally, including common law marks

• Patents

• Design rights

• Copyright

• Knowhow

• Trade Secrets

• Passing Off actions

• Infringements and enforcement

• Domain names

• IP Licencing

• Confidential Information

• Franchising

• IP watching services

• Structuring to protect IP

• Protection strategies to reduce risk of infringement by business competitors, past employees, business partners, contractors and other third parties.

Drafting Agreements including:

• Confidentiality Agreements

• Non Competition of Restraint Contracts;

• Licenses;

• Franchise Agreements;

• Contractors/Employee Agreements;

• Supplier/Distribution Agreements

We can also assist you by conducting IP Audits to identify what IP you own and by drafting IP Policies for best practice internal management of your IP resources.

McCarthy Durie Lawyers’ Property Development team brings extensive experience in delivering practical legal solutions for developers. We understand the complexities of property projects and provide results-driven advice tailored to your specific needs.

Our legal professionals are with you every step of the way, ensuring clear communication and prompt, effective guidance throughout your development journey.

Our expertise includes:

• Site acquisition and due diligence

• Town planning and council approvals

• Development agreements and joint ventures

• Building contracts and advice

• Titling issues (including strata, community, and other complex titling arrangements)

• Financing and funding arrangements

• Construction contracts

• Dispute resolution and litigation

• Leasing and sale of developed properties

• Various development types (High rise, flat land, residential, commercial, mixed-use, and industrial)

McCarthy Durie Lawyers provides expert, stress-free conveyancing solutions. Whether you’re buying, selling, or transferring property, our team ensures a smooth transaction from start to finish.

Our Conveyancing Services:

• Residential & Commercial Transactions: Seamless handling of purchases, sales, and leases.

• Off-the-Plan Purchases & House and Land Packages: Protecting your interests in developing properties.

• Strata & Community Title Transfers: Navigating complex title arrangements.

• Property Transfers: Family, estate, and related party transfers.

• Put & Call Options: Legal guidance on flexible property purchase agreements.

• SMSF Conveyancing: Ensuring compliance for self-managed super fund property transactions.

• Interstate Conveyancing: Expert handling of transactions across Australian states.

• Pre-Contract Advice & Settlement: Clear guidance before signing, with timely settlements.