Business Consulting

Not for everything — and we'll tell you honestly when something doesn't need one. But a handful of decisions carry real legal weight: your structure, the contracts you sign, the terms you trade on, and how you handle staff and customers. Getting those right early is far cheaper than fixing a dispute later. Many small businesses use us occasionally rather than constantly, as a number to call when something with legal consequences comes up.

It depends on your goals, your appetite for risk and your tax position, so it's worth talking through. As a guide: a sole trader is simple and cheap to run but offers no separation between you and the business, so your personal assets are exposed. A company is a separate legal entity that limits your liability and can look more credible to customers and suppliers, but costs more to set up and run and brings director duties. A trust can offer flexibility and asset protection but is more complex. We work alongside your accountant so the legal and tax sides line up.

A contract is generally enforceable when there's agreement, consideration, an intention to be legally bound and reasonably certain terms — and many handshake and email deals do bind you, for better or worse. The bigger risks for small businesses are unclear terms, missing clauses (payment, termination, liability) and terms that fall foul of the unfair contract terms rules, which since late 2023 carry penalties for using or relying on an unfair term in a standard-form small business contract. We review or draft your agreements so they say what you mean and stand up if tested.

If you sell goods or services to consumers, the Australian Consumer Law applies regardless of what your terms say. It includes automatic consumer guarantees (goods must be of acceptable quality and fit for purpose; services must be carried out with due care), bans on misleading and deceptive conduct, and rules on warranties and refunds — you can't contract out of these. We help you understand your obligations and draft terms, policies and warranty documents that comply, so you avoid disputes with customers and the ACCC.

Usually it starts with a clear written reminder, then a formal letter of demand setting out what's owed and a deadline. If that doesn't work, options include the Magistrates' Court (for claims up to $100,000) or VCAT for certain matters. Strong paperwork — a signed agreement, invoices and a record of the work — makes recovery much easier, which is one reason we encourage good contracts up front. We can advise on the quickest, most cost-effective path and act for you if it needs to go further.

It's scaled to what you need. Many tasks — reviewing a contract, drafting trading terms, advising on a structure — can be quoted as a fixed fee so you know the cost before you commit. For ongoing advisory we can agree a sensible arrangement that suits a small business. Either way, costs are agreed up front, and we'll always tell you when a job is small enough to handle yourself.