Business & Commercial Law

Commercial Law covers such issues as preparation of standard business terms and conditions, contracts, partnership agreements, trusts, sale and purchase of land, businesses and companies, domestic and commercial leases and franchises. Before entering into one of the above you may need to consider some of the following:

Whether financial records are accurate and what can be done to get them prepared, e.g. detailed information about debts & loans.
Is the business in a leased premise? If it is will the landlord agree to transfer the lease?
Is the business name, goodwill and any trademarks or other intellectual property part of the sale?
Does the seller have an obligation to maintain the goodwill until the transfer of the business?
Is training of the buyer included in the sale?
Will there be a restraint of trade agreement, e.g. the vendor agrees not to open a similar business within a certain geographical area or restrictions on the right to assist a competitor?
What selling expenses are involved?

Bankruptcy

Bankruptcy is brought about by a person's inability to pay their debts. The general effect of bankruptcy is to allow the bankrupt person to make a new start. When bankrupt you can be forced to sell personal possessions and will not be able to obtain any credit. There are two types of bankruptcy:

Voluntary Bankruptcy. You can go bankrupt yourself for any amount of money that you cannot pay. There is generally no court hearing if bankruptcy is voluntary.
Forced Bankruptcy. A creditor can apply to send you bankrupt if you owe that creditor or several creditors more than $2,000.The creditor must apply to the Federal Court for a bankruptcy order, called a Sequestration Order. The court can dismiss a bankruptcy petition if it believes at the hearing that you are willing and able to pay your debts.

Contracts

Belperio Clark is experienced in creating contracts that will give you peace of mind.

Debt Collection

When you have exhausted the normal means of collecting debts we can help you with the legal procedures to recover your debt. It may be as simple as a letter written to the debtor on your behalf or it may require a more intensive set of procedures.

Insolvency

Insolvency is a term for what is commonly know as company liquidations and bankruptcy. A company is considered to be insolvent when its liabilities exceed its assets and it has insufficient money to meet its debts. Who and how the business is then managed and what the rights of the owners, debtors and creditors are all areas to be considered in this area of our practice. We advise secured and unsecured creditors or companies or individuals. Of particular importance is our client's exposure to insolvent traders and the consequences that flow from this both personally and for their organisations. An important part of this process is to examine the true nature of the transaction(s) between the insolvent trader and our client. Various schemes of arrangement may be entered into by the insolvent trader. Irrespective of the nature of the relationship or transaction, where the shadow of insolvency is involved you will need to seek legal advice.

Internet Law

Internet Law is a new and exciting area of law that brings into question international agreements, copyright and even criminal law.

Intellectual Property

In intellectual property and technology matters, our expertise includes conducting intellectual property audits to assess assets and opportunities, advising on structuring and commercialisation options such as licensing and franchising. We advise on the protection of intellectual property assets, including registering trademarks and enforcing them. We assist clients with brand selection and protection, including domain name registration and domain name dispute resolution. We also advise on patents, copyright and registered designs . We are active in dispute resolution, including the issuing and defending of Court proceedings arising from patents, registered designs, copyright, trademarks, and trade practices. Our experience includes advising on intellectual property issues relating to the education sector, the food industry, franchises, the health sector, heaters, information technology, international trade, publishing, the mining sector, music, packaging, and the wine industry. Our specialist in this area is Eugene Reinboth

Lease & Franchise

Belperio Clark is constantly involved in the preparation of business leases and the creation of new franchises.

Litigation / Court Action

Not all disputes can be mediated or negotiated to settlement. Sometimes a court needs to impose a settlement. The court process can be complicated and confusing. Our lawyers can guide you through this process. Many underestimate the benefit of the early involvement of their lawyer when pursuing business opportunities and entering into transactions. We find that being proactive and seeking the advice of your lawyer before entering into a transaction can serve to clarify what can be complicated legal issues; potentially minimising the risk of litigation later.

Liquor Licensing

If you are interested in buying or establishing a Restaurant, Cafe, Hotel, Motel, Nightclub or possibly a tourist or convention establishment you will no doubt have to make an application for premises to be approved and a "licensed manager" to be accepted. Police / criminal records and your previous experiences and qualifications will be taken into account before this is granted. Belperio Clark can help you organise and produce the documents required and represent you in the application.

Property Transfer

In South Australia property transfer is often seen as the domain of a "Land Broker". We can offer you a very effective service both in cost and assurance that your matter is fully considered for all of its legal issues.

Contact us to arrange an appointment with one of our lawyers. If our areas of practice do not seem to list or encompass your problem, we will quickly find out whether we can help you.

Intellectual Property