Areas of Practice

Commercial And Business Law

Our commercial and business law practitioners are highly skilled and experienced in assisting clients with a diverse range of legal services. Whether your business is an existing large corporation or you are just starting out, we can assist you with your legal and statutory compliance requirements.We firmly believe that our success is directly correlated to that of our clients. As such, we work exceptionally hard on resolving their legal issues, so they can keep flourishing at what they do best. We provide our clients with effusive support with all their commercial law needs from purchasing a business to restructuring; and everything in between.

 

Our firm can provide advice and support regarding various business structures including sole-traders, partnerships, incorporated entities and family trusts. Through our extensive experience in drafting, negotiating and advising on a wide range of commercial contracts and transactional matters we're able to provide our clients with the high quality legal services and legal documentation that they have come to expect. Below is a list of commercial and business law matters which we can assist you with. This list is extensive but not exhaustive.

 

  • Sale or purchase of a business
  • Risk assessment
  • Director's duties compliance
  • Shareholder agreements
  • Partnership agreements
  • Sale or purchase of assets
  • Supplier agreements
  • Work health and safety compliance
  • Employment issues
  • Banking and finance
  • Contractual disputes
  • Various business contracts and agreements

 

Whilst we practice in Insolvency and Bankruptcy Law we are also able to assist you before that point with practical and strategic advice. This includes dealings with creditors, banks, receivers, administrators and liquidators.

 

Our significant experience with litigious and non-litigious contractual disputes has shown us what can go wrong and has consequently refined our skills in identifying problematic contractual terms and providing creative solutions. We know that a well considered contract will prevent costly contractual disputes. As such, we work with our clients to put the hard work into getting the contract right so they can avoid the hard work of litigating a contractual dispute.

 

Rather than facing the corporate and business world alone our clients are backed by a team of hard working, knowledgeable practitioners who genuinely care about their business and their robust growth and success. If you need legal advice or representation, please contact us.

 

 

Litigation

We demand the best for our clients.

 

The best result for our clients is not necessarily to be involved in a long and expensive court case, even if they win. We understand that being involved with any litigation is a commercial or business decision which needs a costs-benefit assessment.

 

We work with our clients from day one to identify the client’s expectations and desired outcome and then work passionately to achieve that result.

 

It's an unfortunate aspect of life that you may be required to initiate legal proceedings merely to recover that to which you are legally entitled. However, if you are compelled to litigate, you need to have the comfort of engaging competent and experienced litigators. That's where we come in.

 

We know that some people are willing to take a gamble on litigating a limp claim in the hope of forcing a cash settlement. With our commercial skills and experience, we diligently defend our clients in a cost effective manner. We will present their strongest position whilst simultaneously seeking a swift conclusion to the proceedings, in order to avoid unnecessary costs and fees.

 

We understand that our clients want to make informed decisions. As such, we'll keep you informed of all the costs, current and future. Armed with this information you will be able to assess what's right for you, whether it be to make or accept any settlement offer or to litigate through to a hearing.

 

We practice in the Federal Courts and all New South Wales Courts and Tribunals. Our lawyers have experience acting for individuals and businesses in a large range of commercial and business disputes including trade practices, debt recovery, corporate law, commercial contracts, employment disputes, insolvency and bankruptcy.

 

If you need legal advice or representation, please contact us.

 

Employment Law

Employment and Industrial Relations Law in Australia is a complicated system and can be difficult to navigate for both employers and employees. With our significant knowledge and experience in this specialised area of law we are able to provide you with sound advice.

 

Our employment law practitioners have considerable experience representing employees and employers in the Fair Work Commission, Federal Court of Australia and the Federal Circuit Court of Australia. As results focussed lawyers we have also been engaged in all forms of dispute resolution and recognise that in some circumstances it is much more favourable for our clients to settle a dispute and avoid the significant financial costs, time expenditure and uncertainty that can be inherent with litigation.

 

For most Australian employees, an employee's rights, entitlements and the terms and conditions of employment are commonly located within a combination of various statutes, the applicable Modern Award as well as their contract of employment and the employer's workplace policies. These instruments are often inconsistent and frequently conflict with each other. Our experience allows us to quickly assess and ascertain the correct entitlements, terms and conditions that apply to a particular employee.

 

We can also assist you to understand your health and safety duties, rights and responsibilities at work. In addition to the obvious financial costs, injuries in the workplace can cause high staff turnover and adversely impact productivity in a number of different ways. We can assist in ensuring your work practices and procedures are compliant with Work Health and Safety Legislation and provide you with legal advice and representation in the event of a claim.

 

Bullying, discrimination and other workplace claims are on the increase. We can assist your business in updating, preparing and implementing workplace policies and procedures and the performance of workplace investigations to minimise liability and manage your risks and exposure.

 

If you need legal advice or representation, please contact us.

 

Government assistance and information

The Fair Work Ombudsman investigates workplace complaints but also provides a plethora of information on its website regarding workplace rights and obligations, pay rates, modern awards and much more. Visit the Ombudsman's website at: www.fairwork.gov.au

 

The Fair Work Commission is Australia's national workplace relations tribunal. In addition to determining unfair dismissal, bullying and other workplace claims the Fair Work Commission provides information and assistance to employers and employees. Visit the Commission's website at www.fwc.gov.au

 

If you want information about anti-discrimination laws and the regulative bodies that deal with complaints of discrimination you may wish to visit the Anti-Discrimination Board of New South Wales at www.antidiscrimination.lawlink.nsw.gov.au or the Australian Human Rights Commission at www.humanrights.gov.au

 

If your employer has gone into liquidation or become bankrupt and you are owed employment entitlements you may be able to obtain assistance from the Australian Federal Government under the Fair Entitlements Guarantee scheme (replaced GEERS). For more information visit: hhttp://employment.gov.au/fair-entitlements-guarantee-feg

 

Insolvency Law

Insolvency law relates specifically to financial difficulties, ranging from mere cash flow difficulties through to full blown insolvency, such as liquidations and bankruptcies. Insolvency can be defined as an inability to pay debts as and when they fall due. Therefore, cash flow insolvency involves a lack of liquidity to pay debts as they fall due. Balance sheet insolvency involves having negative net assets - where liabilities exceed assets.

 

We understand that businesses or individuals may sometimes find themselves in a position where they are effectively insolvent or might become insolvent. We also understand that the broad issues surrounding such a position are stressful, complicated and serious.

 

We have extensive relationships with Liquidators/Administrator/Receivers and Trustees on both a local and national level. These relationships and our vast working knowledge of both the Corporations Act and the Bankruptcy Act are what afford us the experience and skills to provide you with assistance and advice in this area.

 

We put our alliances and working knowledge to the test to provide our clients with a legal solution for the insolvency issues they face. The areas of Insolvency Law in which we can provide advice are listed below. This list is extensive but not exhaustive.

  • Debt recovery proceedings
  • Making Winding Up Applications
  • Setting aside a Statutory Demand or Bankruptcy Notice
  • Defending a Winding Up application or Bankruptcy Petition
  • 'Claw backs' and void transactions
  • Preparing a Deed Of Company Arrangement [DOCA]
  • Advice on breach of Directors' Duties
  • Advice and litigation on Insolvent Trading
  • Advice on the validity of Guarantees
  • Adjudicating Proofs of Debt Rights of Creditors

 

If you need legal advice or representation, please contact us.

 

Helpful websites for insolvency law issues

If your employer has gone broke, you may be owed employment entitlements. You may be able to obtain assistance (not legal advice) from the Australian Federal Government under the Fair Entitlements Guarantee scheme (replaced GEERS). For more information visit: http://employment.gov.au/fair-entitlements-guarantee-feg

 

Other helpful websites for Insolvency Law circumstances consist of the following:

ASIC | Australian Financial Security Authority | Australian Taxation Office

Conveyancing and Property Law - Residential, Commercial and Retail

At Gavin Parsons and Associates we combine our significant property and conveyancing experience with streamlined processes and modern innovative technology to ensure that your real property transactions are conducted both efficiently and cost effectively.

Residential and other non-commercial property acquisitions and sales

We regularly assist clients with the purchase and sale of residential properties and take great satisfaction in ensuring that we make these transactions proceed as smoothly as possible. However, our firm also has considerable experience dealing with a broad range of other related legal services, including:

 

  • Buying and selling homes
  • Title transfers
  • Advising on loan and mortgage documents including guarantor advice
  • Tenants-in-common agreements
  • Joint Venture projects
  • Unregistered lots, subdivisions and partitions
  • Home building and construction matters
  • Structuring entities
  • Caveats, mortgages and equitable charges
  • Disputes and litigation

Commercial, retail and/or industrial property acquisitions and sales

Our firm is recognised for providing prompt, effective solutions at cost effective prices on a wide range of non-residential property transactions, including:

 

  • Buying and selling commercial, retail and/ or industrial property
  • Put and call options
  • Retail and commercial leasing
  • Conditional contracts
  • Caveats and urgent Supreme Court applications
  • Taxation issues regarding stamp duty and GST
  • Planning issues, including Development Applications, Complying Development Certificates, land use and appeals
  • Subdivisions and partitions
  • Finance
  • Disputes and litigation

 

If you require advice on conveyancing and property law matters please do not hesitate to contact us. Our team are able to advise you on the wide range of residential and commercial issues that affect you and/or your business.

GPA's In-House stamping for the OSR

We also provide our clients with the services of assessment of duty and stamp documents, including payment of duty, to the New South Wales, Victoria or Queensland State Revenue offices as we are an authorised agent thereof.

 

These services are provided both efficiently and at a fixed cost, providing you with certainty regarding costs and saving you time as we can usually provide stamping in-house here at GPA on the day and therefore save our clients from lodging forms with the New South Wales, Victoria or Queensland State Revenue office and having to wait for the applicable government agency to process same.