Business Law

If you have a legal matter relating to your business or company, Walsh & Blair Lawyers can provide you with the highest quality of legal advice and support.

Operating a business in regional NSW presents unique opportunities and challenges that require experienced legal guidance. Whether you’re launching a startup in Wagga Wagga, purchasing an established business, or navigating complex commercial transactions, having trusted business lawyers on your side protects your interests and positions your enterprise for long-term success.

At Walsh & Blair Lawyers, we’ve been supporting local businesses throughout the Riverina region for over a century. Our business law solicitors understand the realities of running small to medium enterprises in regional Australia, from agricultural businesses and hospitality venues to retail operations and professional services. We provide practical, cost-effective legal advice that helps you make informed decisions without unnecessary complexity or expense.

Our solicitors comprehensively understand the laws established to protect the rights of both employees and employers, and offer assistance in a range of areas including:

Running a business involves numerous legal considerations that can significantly impact your success and profitability. Many business owners underestimate the complexity of business law compliance, which can lead to costly mistakes, disputes, or regulatory penalties.

Common Business Law Challenges We Help You Avoid:

Structural Issues: Choosing the wrong business structure can expose you to unnecessary personal liability or create tax inefficiencies. Our business lawyers help you select and establish the optimal structure – whether sole trader, partnership, company, or trust – based on your specific circumstances and growth plans.

Contract Problems: Poorly drafted contracts with suppliers, customers, employees, or partners can leave you exposed to significant financial losses. We review and prepare comprehensive agreements that protect your interests and clearly define each party’s obligations.

Employment Compliance: Employment law is complex, with detailed obligations around awards, superannuation, leave entitlements, and termination procedures. Non-compliance can result in substantial penalties and employee claims. We ensure your employment practices meet all legal requirements.

Debt Recovery: Unpaid invoices directly impact your cash flow and business viability. Our commercial lawyers provide effective debt recovery services, from formal demands through to court proceedings and judgment enforcement.

Employing staff brings significant legal obligations under workplace laws, modern awards, and the Fair Work Act. Our business lawyers help you navigate employment relationships while minimising legal risks.

Employment Contracts and Compliance

All employees should have written employment contracts documenting:

• Position, duties, and reporting relationships
• Salary, allowances, and benefit entitlements
• Hours of work and overtime provisions
• Leave entitlements and notice periods
• Confidentiality and restraint of trade clauses
• Probationary period terms

We prepare employment contracts compliant with the Fair Work Act and applicable modern awards, ensuring both parties understand their rights and obligations.

Award Coverage and Fair Work Compliance

Most employees are covered by modern awards setting minimum pay rates, penalty rates, and leave entitlements. We identify applicable awards for your industry and ensure your employment practices comply with all requirements. Non-compliance can result in significant underpayment liabilities and penalties.

Performance Management and Termination

Terminating employment requires careful handling to avoid unfair dismissal claims. We advise on:

• Performance improvement processes and warnings
• Valid reasons for termination and consultation obligations
• Notice periods and payment in lieu
• Redundancy entitlements and procedures
• Settlement agreements and deeds of release

Small business fair dismissal rules provide some protection for businesses with fewer than 15 employees, but proper process remains essential.

Workplace Policies

Comprehensive workplace policies establish expected conduct and protect against claims. Such policies include:

• Code of conduct and behaviour expectations
• Bullying and harassment prevention
• Discrimination and equal opportunity
• Confidentiality and intellectual property
• Work health and safety procedures
• Social media and communications policies

Unpaid debts can significantly impact your business cash flow and viability. Our commercial lawyers provide effective debt recovery services to recover outstanding amounts.

Debt Collection Process

Our systematic approach maximises recovery while minimising costs:

• Letters of Demand: Formal demands setting out debt details and payment deadlines
• Negotiation: Discussion of payment arrangements where appropriate
• Court Proceedings: Commencing legal action in Local, District, or Supreme Court
• Judgment Enforcement: Garnishee orders, writs of execution, and bankruptcy proceedings

Many debts are recovered through formal demand letters, avoiding the need for costly court proceedings.

Commercial Dispute Resolution

Business disputes arise in various contexts requiring prompt legal advice:

• Contract disputes with suppliers or customers
• Partnership and shareholder disputes
• Franchise and licensing disagreements
• Lease disputes with landlords
• Intellectual property matters
• Trade practices and competition issues

We explore all resolution options including negotiation, mediation, and where necessary, litigation to protect your business interests.

When should I seek legal advice for my business?

Seek legal advice when starting a business, entering significant contracts, buying or selling a business, facing employment disputes, dealing with unpaid debts, or experiencing partnership disputes. Early advice prevents problems from escalating and is more cost-effective than addressing serious disputes later.

What’s the difference between asset sale and share sale?

Asset sales involve purchasing specific business assets and assuming nominated liabilities, providing greater control over which liabilities you assume. Share sales involve acquiring the company including all assets and liabilities, requiring more extensive due diligence. Your lawyer and accountant should work together to structure transactions optimally.

Do I need a partnership agreement if I’m in business with family?

Yes, absolutely. Family partnerships often fail without proper documentation because assumptions about contributions, profits, and decision-making differ between partners. Partnership agreements document roles, capital contributions, profit sharing, decision-making, exit strategies, and dispute resolution, preventing family disputes that can destroy both business and personal relationships.

What are my obligations when employing staff?

Key obligations include paying at least minimum award rates, providing leave entitlements, paying superannuation, providing payslips, ensuring workplace health and safety, preventing discrimination and harassment, withholding PAYG tax, and carrying WorkCover insurance. Non-compliance can result in significant penalties.

How can I protect my business name and brand?

Business name registration with ASIC doesn’t provide exclusive rights. Trademark registration provides exclusive rights to use your trademark for specified goods/services across Australia.

What happens if I can’t pay my business debts?

Options depend on business structure. Sole traders have personal liability for all debts. Companies have limited liability (except for personal guarantees), with options including voluntary administration, DOCA, or liquidation. Directors must avoid insolvent trading. Early advice provides more options and potentially avoids personal liability exposure.

For over a century, Walsh & Blair Lawyers has been supporting local businesses throughout the Riverina region. We understand the unique challenges facing businesses in regional NSW and provide legal services tailored to the local business environment.

Understanding Regional Business Realities

Operating a business in Wagga Wagga presents specific considerations:

• Agricultural Businesses: Seasonal cash flow, farm partnerships, water rights, rural transactions
• Hospitality and Tourism: Liquor licensing, commercial leases, casual workforce management
• Professional Services: Partnership agreements, practice sales, employment contracts
• Retail Operations: Commercial leases, employment law, supplier contracts

Local Business Networks

Our long-standing presence means established relationships with local accountants, business brokers, banking providers, insurance brokers, and business advisors. We work collaboratively with your other advisors to provide coordinated support.

Accessible Local Legal Services

Unlike city firms, we provide in-person meetings at Wagga Wagga, Cootamundra, or Tumbarumba offices are understanding of local challenges, provide a responsive service, and long-term relationships supporting your business throughout its lifecycle.

Over a Century of Business Law Experience

Our business law solicitors bring comprehensive business knowledge handling all aspects from startup advice to complex transactions. We provide practical commercial advice aligned with business realities, prompt responsive service when decisions can’t wait, clear communication in plain language, and cost-effective solutions with transparent pricing.

Building Long-Term Business Relationships

The best business lawyer relationships are long-term partnerships. When we understand your business, industry, and objectives, we provide better advice tailored to your specific circumstances. Many clients have worked with us throughout their entire business journey, from initial startup through growth phases to eventual exit or succession.