Clear and commercially focused small business advice to help Australian business owners manage legal risk, resolve problems and make informed decisions.
Maguire Legal advises small businesses, directors and management teams on contracts, employment, business structures, regulatory compliance, commercial disputes and the legal issues that arise through day-to-day operations.
Whether you are establishing a business, reviewing an important agreement, managing an employee issue or responding to a dispute, we provide practical legal advice focused on what your business should do next.
Speak with a lawyer about your small business legal needs.
Legal Advice for Small Businesses
Running a small business often requires important decisions to be made quickly and without the support of an internal legal or human resources team.
A poorly drafted contract, unresolved workplace issue or informal ownership arrangement can create significant financial and operational consequences. Delaying legal advice may also reduce the options available once a dispute or compliance concern has escalated.
Our small business advice helps owners and managers understand their legal position, identify practical options and take steps proportionate to the business’s size, resources and objectives.
How We Assist Small Businesses
The structure selected for a business may affect ownership, control, personal liability, decision-making and future succession.
We provide small business advice on:
- company structures;
- partnerships;
- trusts and corporate trustees;
- sole trader arrangements;
- joint ventures;
- ownership structures;
- shareholder arrangements;
- business registrations;
- establishment documents;
- corporate governance; and
- restructuring existing operations.
Where appropriate, we work alongside the business’s accountants and tax advisers to ensure the proposed legal structure supports its commercial objectives.
Clear contracts help small businesses manage expectations, allocate responsibility and respond when another party does not perform as agreed.
We prepare and review:
- customer agreements;
- service agreements;
- supplier agreements;
- consultancy agreements;
- contractor agreements;
- distribution agreements;
- confidentiality agreements;
- licence agreements;
- terms and conditions;
- purchase orders;
- contract variations; and
- settlement agreements.
We explain the effect of the proposed terms and identify clauses that may expose the business to unnecessary financial, legal or operational risk.nting the client during the mediation and documenting any resolution reached.d terms and identify provisions that should be clarified, negotiated or amended.
Before signing an agreement, a small business should understand both its immediate obligations and the consequences if the arrangement does not proceed as expected.
Our contract reviews may address:
- pricing and payment obligations;
- scope of goods or services;
- performance standards;
- warranties;
- indemnities;
- limitations of liability;
- insurance requirements;
- intellectual property;
- confidentiality;
- restraints;
- renewal provisions;
- termination rights;
- personal guarantees; and
- dispute resolution procedures.
We provide practical small business advice about which terms should be accepted, clarified or negotiated..
Small businesses must manage employment obligations carefully, even where they do not have a dedicated human resources function.
We advise on:
- employment contracts;
- modern award coverage;
- wages and employee entitlements;
- workplace policies;
- performance management;
- misconduct;
- disciplinary processes;
- workplace complaints;
- bullying and harassment;
- workplace investigations;
- flexible work requests;
- parental leave;
- restructures and redundancies;
- termination of employment; and
- Fair Work Commission claims.
We help employers manage workplace matters practically while reducing the risk of procedural errors and legal claims.f the arbitration clause and whether arbitration is appropriate for the dispute.
The distinction between an employee and an independent contractor can have significant consequences for a small business.
We assist with:
- contractor agreements;
- employee and contractor classification;
- scope of services;
- payment arrangements;
- intellectual property ownership;
- confidentiality;
- insurance obligations;
- delegation and subcontracting;
- termination rights;
- sham contracting risks; and
- changes to existing working arrangements.
The written agreement should accurately reflect how the relationship will operate in practice.
Business owners should agree on how the business will be managed before a dispute or unexpected event occurs.
We prepare and review agreements dealing with:
- ownership interests;
- management responsibilities;
- decision-making authority;
- voting rights;
- financial contributions;
- distribution of profits;
- admission of new owners;
- transfer of shares or interests;
- restraints and confidentiality;
- illness, incapacity or death;
- deadlock procedures;
- dispute resolution;
- compulsory exits; and
- the sale of the business.
Clear ownership arrangements can reduce uncertainty and provide a process for managing future change. likely costs, the prospects of recovery and the broader impact of litigation on the business.
Buying or selling a small business requires careful consideration of what is being transferred and which obligations will continue after completion.
We assist with:
- heads of agreement;
- confidentiality agreements;
- business sale agreements;
- share sale agreements;
- asset sale agreements;
- legal due diligence;
- warranties and indemnities;
- purchase price adjustments;
- employee transfer issues;
- assignment of contracts;
- lease arrangements;
- restraints of trade;
- completion documents; and
- post-completion obligations.
We help clients identify material risks and negotiate terms that reflect the intended commercial outcome.the debtor’s position and whether recovery is commercially proportionate.
A lease can be one of a small business’s most significant and long-term commitments.
We provide small business advice on:
- proposed commercial and retail leases;
- lease renewals;
- permitted use;
- rent and rent reviews;
- outgoings;
- security deposits and guarantees;
- fit-out obligations;
- repairs and maintenance;
- assignment and subletting;
- relocation or redevelopment clauses;
- make-good obligations;
- default;
- termination; and
- disputes with landlords or tenants.
The lease should be reviewed before it is signed or significant expenditure is committed to the premises.
Terms and conditions can help a business establish clear rules for supplying its goods or services.
We prepare terms addressing:
- quotations and acceptance;
- pricing;
- deposits;
- payment timeframes;
- late payment;
- delivery;
- cancellations;
- refunds;
- customer responsibilities;
- intellectual property;
- warranties;
- limitations of liability;
- dispute resolution; and
- termination of services.
The terms should reflect how the business operates rather than relying on generic documents that may not suit its services or customers.
Small businesses may collect personal information through employees, customers, websites, online platforms and service-delivery processes.
We advise on:
- privacy policies;
- collection notices;
- customer and employee information;
- website data practices;
- third-party service providers;
- direct marketing;
- confidentiality;
- information-access requests;
- information security obligations;
- data incidents; and
- contractual privacy provisions.
We help businesses identify their obligations and establish practical information-handling arrangements.
A business’s brand, systems, content and confidential information may be among its most valuable assets.
We advise on:
- ownership of intellectual property;
- intellectual property clauses;
- copyright;
- trade marks;
- confidential information;
- non-disclosure agreements;
- contractor-created material;
- employee-created material;
- licensing arrangements;
- use of third-party content;
- unauthorised disclosure; and
- protection following the end of a relationship.
Ownership and permitted use should be addressed clearly when engaging employees, contractors, designers, consultants or technology providers.
Unpaid accounts can place significant pressure on a small business’s cash flow.
We assist with:
- reviewing contracts and invoices;
- assessing whether a debt is disputed;
- preparing letters of demand;
- responding to payment objections;
- negotiating payment arrangements;
- settlement documentation;
- debt recovery proceedings;
- enforcement options; and
- reviewing credit and payment terms.
Before formal action is commenced, we consider the available evidence, likely costs and commercial prospects of recovery.
A commercial dispute can affect cash flow, management time, business relationships and the organisation’s reputation. Where a matter cannot be resolved through negotiation, formal proceedings may be necessary to protect the business’s interests.
We advise and represent small businesses in matters involving:
- breach of contract;
- unpaid invoices and debt recovery;
- defective or incomplete services;
- supplier and customer disputes;
- business sale disputes;
- shareholder and partnership disputes;
- confidentiality and intellectual property;
- restraints of trade;
- misleading representations;
- commercial and retail lease disputes;
- failed business arrangements;
- preparation and response to letters of demand;
- commencement and defence of proceedings;
- pleadings and evidence;
- interlocutory applications;
- mediation and settlement conferences;
- hearings; and
- enforcement.
Where possible, we focus on resolving disputes early through correspondence, negotiation, mediation or a documented settlement. Where litigation is required, our advice considers the legal merits alongside likely costs, recovery prospects, management time and the broader impact of proceedings on the business.
Small businesses often require legal guidance across several areas rather than assistance with one isolated transaction. Maguire Legal Subscribe provides exactly this. On demand legal advice at an annual fixed fee.
Ongoing support may include:
- reviewing contracts before signing;
- preparing business documents;
- responding to employee issues;
- managing complaints;
- advising on customer or supplier disputes;
- interpreting existing agreements;
- reviewing correspondence;
- supporting negotiations;
- identifying legal risks; and
- advising management before significant decisions are implemented.
Regular access to small business advice can help issues be addressed early, before they develop into formal disputes, claims or regulatory action.
Why Small Businesses Choose Us
Practical Small Business Advice
We explain the legal position clearly and provide practical recommendations that business owners and managers can implement.
Broad Business Experience
Our experience across commercial law, employment law, business and corporate law, dispute resolution and litigation allows us to address overlapping legal issues.
Early Risk Identification
We identify contractual, workplace, ownership and compliance risks before they develop into larger and more costly problems.
Commercially Focused Solutions
We consider cost, timing, business relationships and operational priorities alongside the strict legal position.
Speak With a Lawyer for Small Business Advice
Early small business advice can help preserve your options, avoid preventable mistakes and support informed decision-making.
Obtain advice before signing a significant agreement, dismissing an employee, entering a new business relationship or escalating a commercial dispute.
Contact Maguire Legal to discuss your small business legal needs.
The information on this page is general information only and does not constitute legal advice. Legal advice should be obtained for your particular circumstances.