Doing business does not have to be a risky business.
Practical legal advice for Victorian business owners, from setting up your company to selling your business.
Big decisions, explained in plain English.
Buying a business, taking on a lease or bringing in a partner are some of the biggest decisions you will make. The paperwork that comes with them is usually written by the other side.
We read it with you, tell you what it means for your business, and fix what needs fixing before you sign.
You deal with your own lawyer from the first call to the last signature.
Get in touch hereHow we help
Buying or selling a business
Whether you are buying your first business or selling one you have built, we look after the legal side from offer to handover.
- Reviewing or preparing the contract of sale, including the stock, equipment, goodwill and restraint terms
- Legal due diligence on the lease, key contracts, licences and permits
- Transferring or assigning the premises lease
- Employee entitlements and what transfers with the business
- Settlement, adjustments and the handover of the business
Corporate and business structures
The right structure protects your assets, suits your tax position and makes the next step easier, whether that is growth, a new investor or a sale. We work alongside your accountant.
- Setting up companies, including constitutions and director appointments
- Family, discretionary and unit trusts, and corporate trustees
- Holding company and group structures
- Restructuring an existing business as it grows or changes hands
- Succession planning, so the business is looked after alongside your Will
Contracts and terms of trade
Clear contracts prevent most disputes before they start, and make sure you can enforce your rights when you need to.
- Terms and conditions for your customers, including online terms
- Supplier, service, consulting and distribution agreements
- Confidentiality agreements
- Reviewing contracts before you sign them
- Checking standard form contracts against the unfair contract terms laws
Commercial and retail leases
A lease is one of the biggest commitments a business makes. We act for tenants and landlords.
- Reviewing and negotiating a new lease before you sign
- Preparing leases and retail disclosure statements for landlords
- Renewals, options, variations and surrenders
- Assigning a lease when a business is sold
- Make-good obligations at the end of a lease
Employing people
Getting employment right from day one saves a great deal of trouble later.
- Employment contracts and workplace policies
- Working out which award and minimum entitlements apply
- Managing performance and ending employment fairly
Guarantees and finance
Lenders often ask a director or family member to guarantee a business loan. Before anyone signs, they should understand exactly what they are taking on.
- Independent advice to guarantors
- Solicitor’s certificates for lenders
- Reviewing loan and security documents
Who we work with
Founders and business owners
People starting a company, bringing in partners or investors, or running a family business who want a lawyer they can call before a problem becomes expensive.
Buyers and sellers
People buying their first business, selling one they have built, or bringing in a new owner.
Landlords and tenants
Owners of commercial property and the businesses that lease it, on new leases, renewals and everything in between.
Three steps, no surprises
Talk to a lawyer
Tell us what is happening and what you want to achieve. We will ask a few questions and explain what is involved.
A clear scope and fee
Before any work starts, you will know what we will do and what it will cost. No surprises.
Your own lawyer
One lawyer looks after your matter from start to finish, with our support team behind them.
Frequently asked questions
Do I need a lawyer to buy a business?
It is not compulsory, but it is strongly recommended. A business sale contract decides what you are actually buying, what happens to the lease and the staff, and what you can do if the business is not what it seemed. A lawyer checks those terms and the documents behind them before you are locked in.
I have been offered a retail lease. What should I receive before I sign?
In Victoria, a landlord of retail premises must give you a disclosure statement and a copy of the proposed lease at least 7 days before the lease is entered into. The disclosure statement sets out the rent, outgoings and other key costs. For negotiations starting on or after 1 July 2026, you should also receive the Victorian Small Business Commission’s updated information brochure for tenants. Have the lease and the statement reviewed before you sign either.
Should I use a company or a trust?
It depends on your assets, your tax position, who else is involved and what you plan to do with the business. We work with your accountant so the legal structure and the tax advice line up.
What should a shareholders agreement cover?
It should set out how decisions are made, what happens if the owners disagree, and what happens when a shareholder wants to leave, dies or can no longer work. It should also cover how shares are valued and transferred, and any restraints on competing with the business. Agreeing this at the start is far easier than sorting it out in the middle of a dispute.
What are unfair contract terms, and do they affect my business?
If your business uses standard form contracts with consumers or small businesses, an unfair term in them can be void, and since November 2023 using or relying on one can attract significant penalties. Your own terms should be reviewed so they are enforceable when you need them.
Why do you ask for identification and source of funds?
From 1 July 2026, law firms must identify their clients and understand where funds come from for certain services, including buying and selling businesses and setting up companies and trusts. Having your documents ready keeps your matter moving.
Business insights
A few words from our clients
Read all 526 reviews on Google“The best in business! We received full support and transparency from start to finish. Mavis, Sarah and the whole team from W Legal thank you for your support! Super highly recommended”
“Very professional and helpful will definitely be using them again”
“Mavis was nothing short of brilliant. She is articulate, precise and knows exactly what she is talking about. We felt in very safe hands with her advice and knowledge. Everything went smoothly with the sale of our place - we would recommend her highly to anyone looking for a strong lawyer who knows her stuff.”
“Very happy with the prompt accurate information and financial transactions from W Legal. Will be using their services again for sure.”