Commercial lawyersFor Business, IP & Disputes.

IP Australia’s fee is charged per class of goods or services. A standard online application currently starts at $250 per class if you use IP Australia’s picklist, or $400 per class without it. A registered trade mark generally lasts 10 years from its filing date and can be renewed.

The filing fee is only part of the equation. Choosing a mark that cannot be registered, or selecting the wrong goods, services or classes, can lead to additional costs, delays or a new application. We charge a fixed fee to conduct searches, advise on registrability and prepare the application, so you know the professional costs before we begin.

It depends on how your business works, and sometimes you may need both. Standard terms and conditions generally suit businesses dealing with many customers on substantially the same basis, such as an online store, subscription service or booking platform. A service agreement is often more appropriate for larger or bespoke engagements where the scope, timing, deliverables and fees are negotiated for each client.

In either case, the document should clearly address what you are providing, payment, intellectual property, liability, termination and what happens if something goes wrong. If you deal with consumers, the Australian Consumer Law may give them rights that cannot be excluded. Consumers and qualifying small businesses are also protected against unfair terms in standard-form contracts. We can advise on which documents fit your business and draft them in plain English.

An employee works as part of the business, while an independent contractor operates their own business and provides services to a client. The distinction depends on the overall working relationship, not simply what the agreement calls the person or whether they have an ABN. Factors include control over the work, hours, payment arrangements, ability to delegate, provision of equipment and responsibility for financial risk. Getting the classification wrong can result in claims for employee entitlements, superannuation, tax and penalties, so it is important to use the right agreement and ensure it reflects how the arrangement works in practice.

Intellectual property disputes can be complex, and the first step is confirming exactly what rights exist and who owns them. This may require reviewing registrations, contracts, employment or contractor arrangements, licences and evidence showing how the intellectual property was created. We also need to understand what has been copied and preserve relevant evidence. Once that work is complete, we can recommend an appropriate response, which may include a letter of demand, a takedown request, negotiation or court action. Taking the time to assess the position properly can avoid making unsupported allegations or weakening your claim.

Start by checking the contract, invoices and correspondence, including the payment date, any agreed interest, dispute-resolution requirements and whether you can suspend further work. A clear written reminder may resolve the issue. If it does not, the next step may be a formal letter of demand setting out the amount owed and a deadline for payment.

Some straightforward debts can be pursued without legal assistance. Other disputes require careful advice, particularly where the client challenges the work, disputes the amount owed or makes allegations in response. Depending on the type, value and significance of the claim, options may include mediation through the Victorian Small Business Commission or proceedings in VCAT, the Magistrates’ Court or another court.

For an undisputed debt of at least $4,000 owed by a company, a statutory demand may also be available. This is a serious insolvency procedure and should not be used as an ordinary debt-collection tool without advice. We can assess the dispute and help you choose a proportionate recovery strategy, taking into account the amount owed, the available evidence, enforcement costs and the debtor’s ability to pay.

A lawyer’s letter can affect your rights, obligations and negotiating position, so it is important to get it right. Before writing, we need to understand the history of the dispute, review the relevant contracts and correspondence, identify any deadlines and consider the strengths and risks of your position. We can then advise whether a letter is the best response, what it should say and what the next step will be if the other party does not cooperate. A carefully considered letter is usually more effective than a quick one that overlooks an important fact or makes the dispute harder to resolve.

It depends on the business structure you choose. If you form a company, you will usually need a shareholders’ agreement. If you operate as a partnership, you should have a partnership agreement. The agreement should cover each person’s contribution, roles, ownership, decision-making, payment, intellectual property, disputes and what happens if someone wants to leave, becomes unable to work or the business ends.

You may also need customer terms, supplier or contractor agreements and employment documents. Putting the arrangements in writing at the beginning helps protect both the business and the friendship. We can help you choose the right structure and prepare practical documents before you start trading.

Start by checking any shareholders’ agreement, partnership agreement, company constitution or other governing documents. These may set out how you can resign, sell your interest, value your share and deal with ongoing obligations. Resigning as a director or employee does not automatically transfer your shares or release you from personal guarantees. Getting advice early can help you negotiate a clean exit, document the terms properly and avoid disputes about money, clients or confidential information.