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Business Structure Lawyers

Melbourne | FREE Review

Is Your Business Structure Costing You in Tax and Risk? Get a FREE structure review. Find out if you're set up correctly for growth, tax, and succession.

Problem

The Wrong Structure Costs You Thousands

The Wrong Structure Costs You Thousands

Most businesses start with whatever structure was quickest:

  • Sole trader (easy to start, but unlimited personal liability)
  • Basic company (owner operator, no planning)
  • Family trust set up years ago (outdated, doesn't fit current business)

Then the business grows. And the structure becomes a problem:

  • Tax inefficient (paying more tax than necessary)
  • Asset exposure (personal assets at risk from business liabilities)
  • No succession plan (what happens if you die or want to exit?)
  • Can't raise capital (structure doesn't allow investors)
  • Partnership disputes (no clear agreements on control or exits)

Getting the structure right early prevents expensive problems later.

Services in This Area

What We Help With

Joint Ventures & Partnerships

Starting a business with partners? You need agreements BEFORE problems arise.

We draft:

  • Partnership agreements
  • Joint venture agreements
  • Shareholders agreements
  • Buy-sell provisions (what happens if partner dies or wants out)

Prevent disputes before they happen.

Family Trusts & Discretionary Trusts

Trusts provide tax benefits and asset protection—but only if structured correctly.

  • Setting up new trusts
  • Reviewing existing trust deeds
  • Succession planning for trusts
  • Distribution strategies

Get trust advice from lawyers who understand tax and asset protection.

Business Succession Planning

What happens to your business when you retire, die, or want to sell?

  • Transfer of ownership and control
  • Tax-effective succession
  • Buy-sell agreements funded by insurance
  • Family succession vs sale to third party

Don't leave succession to chance.

Corporate Compliance (ASIC, ASX)

Companies must comply with ASIC reporting and governance requirements.

We help with:

  • Annual compliance reviews
  • ASIC filings and registers
  • Response to ASIC notices
  • Director duties and liability protection
  • ASX listing compliance (if applicable)

Prevent fines, penalties, and director liability.

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our process

Which Business Structure Is Right for You?

1

Sole Trader

  • Pros: Simple, low cost, full control
  • Cons: Unlimited personal liability, high tax, no succession
  • Best for: Small side businesses, testing ideas
2

Company

  • Pros: Limited liability, tax rate 25-30%, perpetual succession
  • Cons: More compliance, ASIC reporting, director duties
  • Best for: Growing businesses, hiring staff, raising capital
3

Trust

  • Pros: Tax flexibility, asset protection, income splitting
  • Cons: Complex, can't trade losses, trustee liability
  • Best for: Family businesses, asset protection, tax planning
4

Partnership

  • Pros: Simple, shared responsibility, income splitting
  • Cons: Unlimited liability, disputes without agreement
  • Best for: Professional services, joint ventures (with good agreements)

Not sure? We assess your situation and recommend the best structure.

Partnership / JV Agreements Deep Dive

Why Partnership Agreements Matter

We're mates. We trust each other. We don't need a written agreement.

We're mates. We trust each other. We don't need a written agreement.

Famous last words.Every failed partnership starts with trust and no agreement.

  • One partner wants out
  • Profits aren't being split fairly
  • One partner isn't pulling their weight
  • Major business decision—partners disagree
  • One partner dies—family claims ownership
Without an agreement, you have no rules. Just disputes and lawyers.

Without an agreement, you have no rules. Just disputes and lawyers.

What a good partnership agreement covers:

  • Ownership percentages (who owns what)
  • Profit/loss split (how money is distributed)
  • Decision-making (who decides what, unanimous vs majority)
  • Capital contributions (who puts in money, when, how much)
  • Roles and responsibilities (who does what)
  • Exit provisions (how does a partner leave? Forced buyout price?)
  • Dispute resolution (mediation, arbitration, court)
  • Death or incapacity (what happens if partner dies? Buy-sell with insurance?)

We draft agreements that prevent disputes and provide clear exit pathways.

Compliance for Companies

ASIC Compliance: What You Must Do

Annual obligations:

  • Annual review and payment of ASIC fee
  • Update of company registers (members, directors, shareholders)
  • Maintenance of financial records
  • Director declarations and consents
Annual obligations:

Ongoing obligations:

  • Notify ASIC of changes (directors, address, share structure)
  • Hold AGMs (if required)
  • Lodge financial reports (if required for your company size)
  • Maintain minute books
Ongoing obligations:

Penalties for non-compliance:

  • Company deregistration
  • Director penalties
  • Fines up to $13,320 for serious breaches
  • Personal liability for directors
  • We provide compliance audits and ongoing support to keep you compliant.
Penalties for non-compliance:
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Frequently Asked Questions

Get Your Business Structure Right

FREE structure review.

We'll assess your current structure and identify:

  • Tax inefficiencies
  • Asset protection gaps
  • Succession risks
  • Compliance issues
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