Legal Q&A

A common legal issue for small businesses is getting their business structure right. Sometimes its really easy to just start a business without thinking about the legal structure. One thing leads to another and you end up with a mess of who owns what. This has legal risks to you and your business and also immediate tax implications. Before starting a business, you should obtain advice from a lawyer and an accountant.

Assuming you want to continue trading while you make the transition as quickly as possible, I suggest the following steps:

1. Register the new name at ASIC; register domain
​2. Prepare new identity – logo, stationery etc
3. Create interim website – something that will suffice while ongoing development takes place
4. Select change-over date
5. Send out message to customers advising of change
6. Change signage
7. Reopen the following day

Hope this helps. On the other hand, if all you want to do is transfer the name and assets of one business to another, register the new name and talk to your accountant.

Depends on the specific agreement you have with them. Just because you served them doesn't give you the automatic right.

It is generally OK to list them, however displaying their logo may be a breach, so it is best to seek their written permission first.

If one drinks too many bottles of Big Mac, I'm sure they could very well be confused by the burger of the same name.

Bryan v Howard in the Family Court about using social media to serve documents which is now allowed under the Family Court Rules. Also recently researched for a client the legal issues surrounding the obtaining of information from facebook accounts to demonstrate mental illness to the Court

From the legal aspect

* failing to set up the structure of their business appropriately, that is not understanding that the debts of a sole trader and partnership are personal debts, not business debts. The only structure that provides protection is a company structure.

* contracts - not having well drafted contracts with clients and customers, that clearly set out the expectations on behalf of both parties.

*insurance - failing to take out insurance to protect the business and their income

*permits - failing to obtain the right permits and licences to operate the business.

It is very important that you remind online retailing is still covered by Australian Consumer Law and you have the same responsibilities as a retailer with a physical location. You still have to give refunds and ensure the goods as safe for use.

The top law firms in Australia are often referred to as the "Big Six". These firms are considered Australia’s most prestigious law firms. They handle some of the largest mergers and acquisitions globally, not just in Australia.

Allens Arthur Robinson

Allens Arthur Robinson has been providing legal services for clients in Australia for more than 180 years and in Asia for the past 30 years, offering one of the most comprehensive legal networks in the region. By the way, Allens Arthur Robin forged an alliance recently with Linklaters LLP, a London-based firm with 2200 lawyers.

Ashurst Australia (formerly Blake Dawson)

In March 2012, Ashurst and Blake Dawson combined forces to form one global team under the Ashurst brand. Ashurst Australia has 24 offices in 14 countries. With over 400 partners and 1,700 lawyers in total, they offer the international insight of a global network combined with local market knowledge.

Clayton Utz

Clayton Utz is one of the largest full-service commercial law firms in Australia. They have accounts with many of the top 100 companies in Australia as well as leading multinationals in the region.

Herbert Smith Freehills

Freehills has recently merged with UK headquartered Herbert Smith law firm. It is the world's 3rd largest law firm by number of lawyers and 13th largest by revenues in 2011-12.

King & Wood Mallesons (formerly Mallesons Stephen Jaques)

King & Wood and Mallesons Stephen Jaques have come together recently to create a new legal powerhouse in the whole of Asia. The firm operates across Australia and Asia with expertise in mergers and acquisitions, banking and finance, competition and anti-trust, dispute resolution and litigation, tax, construction and environment.

Minter Ellison