Business and Commercial

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We provide tailored and commercially effective advice, focusing on business needs and priorities. We work closely with our clients to determine exactly what they need to achieve the best possible outcome for them and their business. 

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We work with businesses of all sizes to help them protect their interests and develop their commercial strength. We have particular expertise in the sale of a business, commercial property agreements and disputes, commercial and retail leases, as well as litigation and dispute resolution. Our extensive experience working in commercial matters enables us to resolve issues quickly and effectively.

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Contracts

We assist our clients on all aspects of business contracts including:

• Forming contracts
• Determining the scope and content of contracts
• Avoiding contractual obligations
• Performance and termination of contracts
• Remedies for breach of contract.

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Directors

We have extensive experience in relation to corporate governance issues such as directors’ duties, risks, and liability to shareholders. Our client base includes a number of small and medium corporate enterprises, as well as their directors and officers. We provide practical legal advice to assist our clients in protecting their business interests, as well as aiding directors (and officers) to protect their personal assets.

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Shareholders

We recognise that at the core of a shareholders' dispute is a fight for control (and the benefits that this control may provide to each shareholder). There are a number of remedies available to shareholders who believe unfair or improper conduct should be dealt with. Many disputes between shareholders are best handled by one or more parties being “bought out”. Often the best way to do this is through negotiation. However, there are times when a negotiated solution cannot be achieved. For example, each of the parties believes that it is the other party who should exit. When this occurs, we have the experience and expertise to initiate the necessary legal proceedings.

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Winding up

We assist our clients with closing or winding-up their business, from de-registering with ASIC to assisting with other legal obligations. We also advise on the procedure for the bankruptcy of individuals, assisting in the preparation of bankruptcy notices, statutory demands, and administration of bankruptcies and liquidations.

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Insolvency

We provide advice and representation across all aspects of corporate and personal insolvency law. We assist stakeholders to comply with their legal obligations in various insolvency administrations, such as liquidation, receivership, voluntary administration or bankruptcy. In circumstances where there are simply insufficient assets available to meet the various competing claims on them, we work to maximise our clients' commercial interests. We strive to provide pragmatic and relevant advice in relation to any options our clients may have. We can determine where our clients stand so we can achieve the best possible outcome for them.

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Partnership disputes

Partnership disputes (much like all disputes) are time-consuming and expensive for all parties involved. Partnership disputes give rise to unique issues, and raise many questions about the interpretation of the particular partnership agreement and the Partnership Act 1895.We can assist in resolving these disputes, by finding an amicable, innovative solution, while protecting the rights of our clients in their partnership.

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Leasing

Irwin Legal represents commercial clients in all aspects of lease disputes regarding retail or commercial leases. Tony has authored and published an annotated commentary on retail shops law in Western Australia, allowing us to provide our clients with a high level of expertise and comprehensive advice.

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Contact Us

To discuss a property-related enquiry with one of our solicitors, please contact our firm on (08) 9221 8337 or enquiry@irwinlegal.com.au.