Commercial Law

Business Structures & Company Contracts

A Company? A Partnership? A Family Trust? These are weighty decisions that must be carefully considered. Our solicitors will explain the implications of each option and can advise you on the appropriate business structure to avoid disputes and protect all parties.

Conducting a business of any size is simplified and made more profitable if transactions are implemented under the terms of an agreed contract. We are experienced in all facets of Contract Law.

Do you sell goods on credit?  If so and you do not obtain security by registration under the new Personal Property Securities Act 2009 (Cth) you may lose your rights in and to those goods.

Sale or Purchase of Businesses or Shares

If you are selling or purchasing a business or are purchasing shares in a company we can attend to issues such as town planning, health department permits, agreements with employees, assignments of leases, intellectual property issues, purchase of stock and assets and restraints of trade.

You can be confident that our extensive experience will assist you in dealing with all matters involved in establishing, purchasing or selling a business. If buying the shares in a company, we will ensure that you are adequately protected by warranties and that you are aware of the risks and advantages of purchasing or selling shares in a company.

Employment Law

We will guide you in employment law matters particularly relating to issues that may have arisen since the introduction of the Fair Work Act, National Employment Standards and Modern Awards. We can provide unambiguous agreements which agreements can prevent your key staff from setting up in opposition to your business, deal with succession planning and cover issues such as salary and working conditions.

Having regard to the nature of our firm, we are constantly representing both sides of the employment divide, the employer and the employee. We protect and enforce the rights of the employee within the framework of the existing laws. Our advice to the businesses or corporations we represent ensures that they take all steps possible to minimise any potential claims by their employees.

Business start-ups

Starting up a business requires much planning, thought and the gathering of information. We can assist you with this process by providing you with documentation, advice, alerting you to your legal obligations as a director, shareholder and partner, preparing the correct documentation to record the arrangement between partners or shareholders, provide you with your Australian Business Number, refer you to appropriate accountants if required and assist you in protecting any copyright, patent or brands (trademarks) which you may wish to protect in your start up business.

We are also able to advise on and prepare applications for credit and terms and conditions of trade.

The companies we work with and for benefit from our breadth and depth of knowledge and experience. As you grow locally and internationally, engage employees, merge, seek to protect your intellectual property  and encounter litigation or government investigation (or have to comply with changing regulations in your particular field) we can assist you.


If you are exploring the possibility of purchasing a franchise or plan to establish your own franchised business we can guide you through the required legal and practical processes.

Commercial and Retail Leases

Leases vary greatly in complexity and it is important that you understand the obligations contained in any lease agreement either as lessor or lessee. For example, major shopping centre leases can contain clauses which make compliance difficult and you need to be aware of these at the outset – not when it could be too late!

We will guide you in order that you understand all the implications of any lease agreement whether you are the lessor or lessee.

We advise on and prepare commercial and domestic leases and prepare leases which are subject to the Retail Leases Act 2003.

Intellectual Property

We assist our clients in obtaining trademark, patent and licence registrations and with regard to copyright matters. We also act in disputes in this area including opposing trademark applications and assist our clients who are required to take action to protect their names and businesses against passing off and false and misleading conduct.

Liquor Licensing and Gaming Applications

Applying for a Liquor Licence or in the gaming business? We have the experience required to gain the outcomes you require.

Succession Planning

Succession planning plays an increasingly important role in the long term success of a business. We will assist you to build and develop the strengths of your people within a structure that benefits both the company and the talent within your business.

International Law Services

Batten Sacks is proud of its connections locally, nationally and overseas. We have established excellent working relationships with other firms and service providers in the various Australian States and overseas particularly in South Africa and Israel.

We have the ability to refer you to our connections to support and assist you in dealing with these providers, more particularly should you have litigation in or international transactions or trade in overseas jurisdictions particularly South Africa and Israel. If you visit South Africa or Israel and require an office or office facilities to conduct your business there we can be of assistance.