Commercial Law – McNamara Law

1300 285 888

Legal insight, business instinct.

Your Success
Our Commitment

Commercial Law lawyers that get you and your business. We have a solid reputation for providing high-quality legal advice and solutions across diverse industries.

McNamara Law are experienced with all areas of corporate and business law ranging from the sale and purchase of businesses, corporations law, directors duties, company structures, franchising, trust deeds and commercial leasing.

We are committed to guiding you to make the best possible decisions for your current or future business to optimise your capabilities with the least amount of stress. Our Commercial lawyers ensure accurate and efficient guidance leading to the prompt completion of your matters. This is supported by our lawyer’s collective knowledge of 30 years’ experience in commercial matters within the Ipswich and surrounding areas.

If you are just starting your first business, or have a well-established business, be assured we can handle your commercial law matters today!

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How We Help

Whether you’re a serial entrepreneur, purchasing an existing business or a tradesperson setting out on your own, starting out in business is an exciting time. No body starts out with the intention of losing their personal assets or having messy legal disputes with their business partners; unfortunately this is often the result. An early investment in a good quality legal advice can pay unknown dividends for your business.

At McNamara Law we work with your accountant and other advisers to gain an understanding of your business as well as your personal circumstances and goals, to create a structure and plan that will give you the best chance of success.

The key things to consider when setting up a business structure are:

asset protection
tax effectiveness
control
complexity

Every business, and every person involved in a business, has a unique set of factors so there is no ‘typical’ structure that will suit every business. These factors will include:

size of the business
potential professional or public liability
number of people investing in the business (stakeholders)
stakeholder’s relationship with each other
stakeholder’s personal assets
stakeholder’s other business interests
stakeholder’s age and family

The type and complexity of the structure will be determined by considering all the relevant factors, and may include one or more of the following:

company
discretionary trust (individual trustee)
discretionary trust (corporate trustee)
hybrid unit trust
partnership (individuals)
partnership (trusts)
sole trader
self-managed super fund
partnership/ shareholder/unit holder agreements

McNamara Law will provide you with exceptional personalised advice on the most effective structure for your business. We also consider estate and succession planning issues, including provisions for ending your ownership of the business.

We aim for ‘win-win’ outcomes so that your business can grow while preserving your personal and business relationship with the other party. If it becomes necessary to apply legal force in order to yield the desired result, McNamara Law are here to assist you to negotiate without being formally represented, negotiating on behalf of you the client, or commencing or defending litigation.

When you become involved in a dispute it is critical to have prompt reliable advice you can rely on and to aggressively prosecute your case when negotiations fail. Our most successful clients seek our advice early and often, whenever a potential dispute rears its head. This enables McNamara Law to resolve matters promptly and for minimum expense.

We at McNamara Law are enthusiastic litigators in circumstances which demand it. For you, this time is rarely a profitable or an enjoyable experience and therefore our team will endeavour to exhaust all avenues wherever possible before litigation comes into play.

Negotiated or mediated solutions will be most cost effective in the majority of circumstances, however where it becomes apparent that a commercial outcome will not be realised without litigation we will not hesitate prosecute your claim in the courts. McNamara Law work closely with a number of experienced Barristers who we regularly instruct to represent our clients in the Queensland Supreme Court.

Frequently asked questions

Q: What are the most common business disputes?

A: The most common business disputes are:

contractual disputes;
shareholder or partnership disputes; or
professional negligence e.g. discriminatory behaviour, employment breaches, conflict between managers and staff

If in this situation contact McNamara Law immediately to find out where you stand on 135 282.

Q: Does it cost much to litigate?

A: People underestimate the costs of litigation, the complexities of their case and the financial and emotional toll it pays on business and personal lives. Our experienced team at McNamara Law ensure that you are informed of all outlays and the progression of your case at all times.

Buying or selling a business can be an exciting and stressful time. You need a cool and experienced professional to ensure your interests are protected, and that your business is structured in a way that will serve you into the future.

When buying or selling a business it is essential that you consult a lawyer before signing a contract. Our experienced team at McNamara Law will review the contract to ensure that it gives effect to your intentions, and raise issues which you may not have given consideration.

The right advice at the earliest opportunity can save you money, give you the best chance of success and provide you peace of mind.

Business purchases will typically involve advising clients with respect to the following:

confidentiality agreements
heads of agreement
structuring
negotiating and drafting contract terms
due diligence enquiries
review of lease agreement
assignment of lease
employees
licencing
transfer duty (stamp duty)

Our team will work collaboratively with your other keys advisors (accountant, insurer etc.) to make sure your vision becomes a reality. Being a long standing, local Ipswich and the Lockyer Valley firm we have strong relationships with all local professionals.

Frequently asked questions

Q: Sale of Shares or Sale of Business Assets?

A: If the business is owned by a sole proprietor or a partnership, the business will be purchased by way of an asset sale.

If the business structure is by way of a company, the business may be purchased as an asset or share sale.

Whether to buy the business assets or shares depends on a number of factors, and when considering this, it is crucial to seek financial and legal advice, so book an appointment with us on 135828.

Q: Explanation of a Contract

A: Once you have reached an agreement, normally the seller’s lawyer will draw up the contract for your review.

It is important to have your lawyer review the contract to ensure that it accurately reflects the agreement between you and the seller.

If there has been something left out, or it contains something that was not agreed, your lawyer can negotiate the appropriate changes. Once the contract is signed, it will be extremely difficult, if not impossible, to make changes later on.

Whether you are the lessor (landlord) or the lessee (tenant) it is imperative that your lease protects your interests, if this is not the case you may experience severe repercussions to your business or personal life.

At McNamara Law we work with to gain an understanding of your business as well as your personal circumstances and goals, to ensure your lease will give you and/or your business the best chance of success.

Whether lessor or lessee, we will be able to advise you on:

reviewing and drafting of lease
negotiating terms of lease
permitted use of premises
legislative requirements
assignments and subletting
repair and maintenance provisions
fit out obligations; and
leasing issues such as insurance requirements, natural disaster implications, change of ownership etc.

I Want To

Make a will

Contest an estate

Manage my superannuation

Buy a house

Sell a house

Obtain compensation

CLIENT TESTIMONIALS

“Since 1923 McNamara Law have been looking after all the legal needs of the people and businesses in the Ipswich and the Lockyer Valley. The success of our ﬁrm has been built on providing comprehensive and eﬀective legal advice to individuals and businesses in the respective”

Please pass on my gratitude to Joshua for his honesty and spending time to look at my matter. What he has done may not have been much to him but carries a lot of weight with folk like myself who were brought up in 'Old School' values! I won't hesitate to recommend Joshua to represent any of my neighbours or friends. Thanks again and Kindest Regards!

I must say Michele it is refreshing to come across someone on the other side who is so helpful. McNamara Law certainly have an excellent ambassador in you.

I would like to take this opportunity in thanking each and every one of you for the professional manner in which my father's estate was managed. It certainly was greatly appreciated.

Dear Ruth, On behalf of myself, Shane and Kym I would like to thank you for all you have done for us. Even now I don't think we quite believe it was sorted out. Thank You again to yourself and Karen.

Thank you for representing me through the last couple of months in this fight with work cover. I appreciate your professionalism and personal touch. I think that you are an asset to McNamara Law. I will be recommending McNamara Law to anyone I meet seeking legal help. Thank you again for your hard work and without hyperbole your actions have literally been life-changing for myself.

On behalf of Sue, me and the kids, thanks Jeremy for getting us through a very difficult time in our lives. The crew there were always helpful and made us all feel like we were a part of the “Macca” family.

Rebekah, I can’t thank you enough for how much you’ve helped. I know it’s what you do every day but how much It impacts grieving people is incredible. You are so good at your job. Amazing actually!!! You are helping us deal with grieving more than you know. You are a true champion. Mum said Thanks so much xx she kept crying at the relief it has given her. Thanks again xx

Excellent service and communication through the entire process. Very friendly helpful staff who gave us very good legal advice and guidance. Highly recommend to anyone.

Approachable, marvellous attention to detail, prompt response to requests and above all, a simple approach to all aspects of the matters in hand.

Fantastic service and attitude from all members of the team!

Dear Joshua and staff, I would like to thank you for all your hard work involved with helping me with my work related issue. I could not fault you or your staff in any way. It was very good to deal with people who are courteous and pleasant in their work environment. Once again, many thanks.

Dear Josh, just wanting to thank you again for your hard work to get this positive result today. I thought our luck had nearly run out, but your hard work has given us hope again to keeping Jessie’s dream alive. So once again I thank you

McNamara Law provided superb yet sensitive service on the finalisation of my father’s estate. A somewhat difficult time was made much easier by the prompt, informative and helpful assistance from all those that we came in contact with the firm. Thanks to McNamara Law and especially Bekky for her assistance!

Get In Touch

Contact us to discuss your situation and best course of action. We understand your time is valuable and oﬀer consultations via Zoom, Skype, Microsoft Teams or phone call. Let McNamara Law help you ﬁnd your legal solution today!

Ipswich (07) 3816 9555

Springﬁeld (07) 3470 3600

Gatton (07) 5462 1566

We anticipate, mitigate and protect

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