Business Contracts, Agreements & Advice

Contract law applies to almost every business decision and transaction made today – from negotiating and agreeing Terms of Trade, through to credit arrangements on the payment of invoices. 
 
In business, it is particularly important to have the right advice on hand before entering into a contract or you and your organisation could face significant and far-reaching consequences. At Coleman Greig we have extensive experience in preparing and advising on all forms of commercial agreements. We can prepare contracts for your business that will ensure your rights are protected, negotiate favourable terms on your behalf with suppliers and distributors, and successfully represent your business in the event of a breach of contract.
 
We can help you with:
  • Commercial contracts – drafting, reviewing and enforcing 
  • Distribution and Licensing Agreements 
  • Agency Agreements 
  • Credit Applications 
  • Trading Conditions 
  • Agreements for the Sale/Supply of goods or services
  • Advising on commercial arrangements 

For more information, or to make an appointment at one of our offices, please select from the below.

Business Contracts, Agreements & Advice - Our Clients

Coleman Greig’s team of experienced commercial lawyers provides quality advice and representation to a diverse range of clients. Our commercial clients include family businesses and private and publicly owned companies including subsidiaries of multi-national organisations. 
 
Our experience and expertise crosses numerous industry sectors including manufacturing, franchising, building and construction, retail, services, not-for-profit, finance and government. Over the years our team has developed an in-depth understanding of the issues facing all businesses in general, as well as the particular issues that arise in different industries. 
 
As a client, you can be sure that we understand your business, your operating environment and the commercial issues you face.
 
….(Coleman Greig provide the) same level of expertise and experience as you would get at a top tier CBD-based firm but are more accessible and it is much easier to get a quick turnaround at a very reasonable price.”
Stephen Millar, Vice President, Brady Corporation.

Publications

  • Getting your Business Ready for Sale - 14 May 2019
    Peter Stewart, Rebecca Hegarty
    A business owner might look towards selling their business for a variety of reasons. The choice might be triggered by an expression of interest, or simply a decision based on the ripeness of the market.  Sometimes, the sale is forced on a business owner due to circumstances outside their control or having come out of a dispute between business partners.  To get the most value for your business, it is important to conduct due diligence in order to ensure that it is ready for sale. This article outlines Coleman Greig's top 5 tips for getting your business 'sale ready'.
  • Franchising Vs Licensing Your Business – Considering Your Options - 22 Mar 2018
    Peter Stewart
    Are you ready to grow your business, but you’re not sure whether to look towards licensing or franchising? Peter Stewart takes a look at the pros and cons of both options.
  • Indemnity clauses: a cautionary tale for businesses - 14 Nov 2017
    Mario Rashid-Ring
    The recent NSW Court of Appeal Decision, CSR Limited v Adecco (Australia) Pty Ltd, illustrates the risks of an ambiguously drafted indemnity clause, as well as the circumstances in which a Court may determine if an indemnity clause continues to operate after the formal expiration of a fixed term contract.
  • Industry recognition for expertise and impact - 6 Sep 2017
    Warrick McLean
    Coleman Greig is thrilled with the recent recognition of two of its Principals, Malcolm Gittoes-Caesar and Caroline Hutchinson, in industry awards.
  • Coleman Greig joins international network of law firms - 8 May 2017
    Caroline Hutchinson, Peter Stewart
    Coleman Greig is excited to announce that we have become the only Australian law firm to become a member of First Law International (FLI), a global network of over 75 independent full-service, high quality law firms.
  • Update: Standards Australia put AS 11000 on hold - 8 May 2017
    Raymond Frangi
    As of 4 April, Standards Australia has announced that key proposed changes to the Australian Standards General Conditions of Contract for building contracts were "not supported by the full spectrum of interests."
  • What do you mean I’m not covered? I have insurance! - 21 Feb 2017
    Caroline Hutchinson, Mario Rashid-Ring
    All too often, a business is left without insurance cover because the liability may fall under an indemnity so what are indemnity clauses and why do they matter?
  • Tick tock, tick tock: Extension of Time claims fall foul to strict time bars! - 12 Dec 2016
    Nick Kallipolitis
    The decision in CMA Assets Pty Ltd v John Holland Pty Ltd [No 6] [2015] WASC 217, has reinforced the position that contractors MUST comply with the terms of a contract – for example, time and notice provisions - otherwise they risk losing fundamental rights and claims available in the contract such as Extension of Time claims (EOT).
  • Unfair terms for standard form contracts are now in force - 17 Nov 2016
    Laura Bazouni
    Breach of the new unfair terms for standard form contract provisions could not only land you in Court as a Defendant but you could also be on the receiving end of an ACCC enquiry.
  • A new frontier for Security of Payments - 12 Sep 2016
    Nick Kallipolitis
    The Supreme Court of NSW recently expanded the ability of a respondent to challenge an adjudication determination, in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd.
  • Impact of the Unfair Contract Terms Legislation on Standard Form Construction Contracts - 12 Sep 2016
    Raymond Frangi
    The new small business unfair contract term legislation on 12 November 2016,1 has raised questions on whether provisions in standard form construction contracts may be caught under the legislation.
  • Is your franchise ready for the new unfair contract regime? - 4 Aug 2016
    Peter Stewart
    Many of you will have heard about the impending new unfair contract regime which will be implemented later this year, from 12 November. Here's what you need to know from a franchising perspective.
  • Shareholder agreements – why should we have one? - 30 Nov 2015
    Peter Stewart
    If you and your fellow shareholders are never going to argue, if you’ll always agree on how your shares should be valued, if you have a common view about how to fund your business and a shared view about how a shareholder should act in relation to the business when they cease to be a shareholder, then you most probably don’t need a shareholder agreement. For those of us who are mortal, however, putting a shareholder agreement in place in the good times, when each shareholder is in agreement, is a prudent approach to managing the shareholder relationship.
  • Small businesses to benefit under proposed changes to the Australian Consumer Law - 30 Nov 2015
    Nick Kallipolitis
    The Federal Government has committed to extending the unfair contract terms legislation to cover small businesses which is intended to come into force in 2016. Find out what impact this will have on your business.
  • Termination for Convenience in Construction Contracts - 29 Oct 2015
    Raymond Frangi
    Depending on whether you are a contractor or principal, a Termination for Convenience (TFC) clause can have both positive and negative effects so it's important to consider the potential implications before entering into a contract.
  • The Devil is in the Details – two questions you need to consider when entering a contract - 24 Aug 2015
    Caroline Hutchinson
    When it comes to the law, every contract must contain certain basic elements to be valid. Unfortunately, it’s easy to ignore these details, and if things go wrong, you can be one small step away from battling it out in court. The following questions are key when considering forming any contract: Who are the parties to the agreement and, who is getting what and for how much?
  • Are your Contract Terms Unfair? It might be Time for a Review - 27 Jul 2015
    Peter Stewart
    A proposed change to legislation put forward for discussion before the Commonwealth Government on 24 June 2015 could affect the terms that you include in many of your usual business agreements. The change, if enacted, is intended to tackle the potential for small businesses to be disadvantaged by unfair contract terms which are enforced in common business agreements. This would see amendments to the current provisions Australia Securities and Investment Commission Act 2001 (ASIC Act) and the Competition and Consumer Act 2010 (CCA).
  • Plain English Guide to Family Business Succession Planning - 1 Jul 2015
    The issue of succession planning for family businesses is critical. In fact, research shows that only 30% of family businesses survive in the second generation, and 15% survive in the third generation. Given the number of family businesses in Australia, the failure rates are serious and it is important that families address the issues within their family companies.
  • Beware! Recent Developments to Security of Payment Act NSW Claims - 18 Jun 2015
    Nick Kallipolitis
    There are a couple of important lessons to learn from the recent case of Patrick Stevedores Operations No.2 Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd [2014], where the Supreme Court explored two very important features of the Security of Payments Act (SOPA) legislation in NSW.