MDL's Commercial Team brings extensive expertise in delivering practical solutions for small to medium-sized businesses efficiently and effectively. We are committed to providing results-focused advice, customised to meet each client's unique needs.
Years of experience
Focused expertise
Locally owned firm
McCarthy Durie Lawyers
Typically replies instantly
You
Does this sound like you?
McCarthy Durie Lawyers
Typically replies instantly
You
What We Do
Maximise the value of your business when you exit by having a clear succession plan in place well before you need it.
Whether buying into or setting up a franchise, we ensure you understand the regulations and protect your interests.
Protect the ideas, brands, and innovations that drive your business with comprehensive IP advice and registration.
Strategic advice on all aspects of insolvency, working with you and your advisers to achieve the best possible outcome.
Dealing with this right now?
We can talk through your situation and explain your options. No obligation, no jargon.
Our Process
We take the time to understand your business, your goals, and the challenges you are facing.
We review your current arrangements and identify areas that need attention or improvement.
We provide clear, actionable advice tailored to your specific commercial circumstances.
We draft agreements, register IP, or restructure arrangements to protect your interests going forward.
In Detail
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 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 at the right time.
Franchising is an increasingly popular way for budding entrepreneurs to enter into small business. It is also a proven concept upon which existing business owners can base their strategies for business growth and expansion.
In Australia, Franchising is heavily regulated. If you are contemplating acquiring a franchised business, whether an existing franchise or a greenfields site, it is very important to get sound legal and professional advice.
MDL offers expert strategic advice on all aspects of insolvency, working closely with you and your professional advisers to achieve the best possible outcomes.
MDL has extensive experience in providing Intellectual Property (IP) advice and assistance to protect the interests of you and your business.
Well-drafted contracts are the foundation of any successful business relationship. We prepare and review a wide range of commercial agreements including:
A shareholder agreement is one of the most important documents for any business with multiple owners. It governs the relationship between shareholders and protects everyone's interests.
Choosing the right business structure is critical for asset protection, tax efficiency, and future growth. We advise on the advantages and disadvantages of each structure including:
We also assist with restructuring existing businesses to better suit changing circumstances or growth plans.
Whether you are a landlord or tenant, getting the right advice before signing a commercial lease can save significant time and money. We assist with:
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 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 at the right time.
MDL offers expert strategic advice on all aspects of insolvency, working closely with you and your professional advisers to achieve the best possible outcomes.
Well-drafted contracts are the foundation of any successful business relationship. We prepare and review a wide range of commercial agreements including:
Choosing the right business structure is critical for asset protection, tax efficiency, and future growth. We advise on the advantages and disadvantages of each structure including:
We also assist with restructuring existing businesses to better suit changing circumstances or growth plans.
Franchising is an increasingly popular way for budding entrepreneurs to enter into small business. It is also a proven concept upon which existing business owners can base their strategies for business growth and expansion.
In Australia, Franchising is heavily regulated. If you are contemplating acquiring a franchised business, whether an existing franchise or a greenfields site, it is very important to get sound legal and professional advice.
MDL has extensive experience in providing Intellectual Property (IP) advice and assistance to protect the interests of you and your business.
A shareholder agreement is one of the most important documents for any business with multiple owners. It governs the relationship between shareholders and protects everyone's interests.
Whether you are a landlord or tenant, getting the right advice before signing a commercial lease can save significant time and money. We assist with:
Our Team
Associate | Property & Commercial
Senior Associate | Property & Commercial
Solicitor | Property & Commercial
Partner & Redlands Conveyancing Team Leader
Partner | Property & Commercial
Partner | Property & Commercial
Partner | Property & Commercial
Special Counsel | Body Corporate and Strata Titles
Associate | Property & Commercial
Partner | Mortgages & Securities
Latest Insights
Background: The CEO of MDL, Shane, was approached by a friend during his weekly tennis fixtures who mentioned he had received a quote ranging from $23k to $33k for a Binding Financial Agreement review. Based on his experience, Shane found these figu
Read more
By Drazen Kozaric In the realm of legal transactions in Australia, deeds hold a special place. They are solemn instruments that go beyond the simplicity of ordinary contracts, requiring specific formalities to ensure their validity and enforceabilit
Read more
In a recent publication, ASIC unveiled its second report on the Reportable Situations Regime (Regime), titled "Insights from the reportable situations regime: July 2022 to June 2023" (REP 775). This report sheds light on the trends and observations g
Read moreFAQ
There is no single right answer. Sole trader, partnership, company and trust structures each have different implications for asset protection, tax, succession and cost. The right choice depends on your industry, risk profile, growth plans and how income is to be distributed. We work alongside your accountant to recommend a structure that fits your circumstances.
Yes. A shareholders agreement sets out how decisions are made, how disputes are resolved, what happens if a shareholder wants to exit, and how shares are valued. Relationships with friends and family can change once a business is under pressure, and putting an agreement in place at the start protects everyone involved.
Franchising in Australia is heavily regulated by the Franchising Code of Conduct. Before signing, you should carefully review the disclosure document, the franchise agreement, the operations manual, financial performance information, and any restraint clauses. Independent legal and accounting advice is essential, and there is a mandatory cooling-off period after signing.
Registering a business name only reserves the name on the ASIC register, it does not give you exclusive rights to use it. To properly protect your brand, you generally need to register a trade mark with IP Australia in the classes that cover your goods and services. We assist with trade mark searches, applications and enforcement against infringers.
Earlier than most owners think, ideally several years before you intend to exit. Succession planning involves identifying successors, structuring the transfer for tax efficiency, documenting key processes and contracts, and making the business attractive to a buyer or family member. Many owners sell well below value simply because they did not plan early enough.
Directors must avoid trading while the company is insolvent. Personal liability can attach for debts incurred when there were reasonable grounds to suspect insolvency. There are safe harbour protections available if a director is taking proper steps to turn the business around. If you have concerns about solvency, getting advice early is critical.
Online Enquiry
Have a question about business & commercial law? Fill out the form below and one of our experienced lawyers will get back to you, typically within one business day.
You do not need to have all the answers. Get in touch and we will help you understand where you stand and what to do next.
