Commercial Law

Structure and Formation

We can advise and assist you develop and establish your business, business trusts and corporate structure, acquire or dispose of shares and advise on the duties of directors and trustees. We have many years experience in advising on and drafting and customizing shareholder agreements and company rules and constitutions and trust deeds.

Litigation

Whether you are involved in a winding up application, caught up in a directors' or shareholders' dispute, seeking to have forensic techniques applied in the pursuit of missing or stolen assets or are pursuing remedies for breach of directors' duties, breach of trust or fraud, we have the knowledge and experience to act for you. Our Darwin lawyers are experienced in litigation matters.

When borrowing or obtaining a loan, you will often need to provide security such as a personal guarantee, a PPSR charge over assets, or a mortgage over property. As you will need to know the costs of borrowing, your obligations and the consequences of breach, it is essential that when negotiating or considering any suite of loan and security documentation, that you get the best advice so that the risk to you and your assets may be minimized.

At Jude Lawyers, we act for both borrowers and lenders, investors and developers. We can assist in assessing, negotiating and drafting the suite of loan and security documentation and checking and registering your interests to ensure that any lending, investing or borrowing is capable of being maintained to achieve your goals while being within the parameters of the level of risk acceptable to you. If you're in Darwin and require a commercial lawyer, we can help.

Commercial Areas in which we practice

• Acquisitions, Dispositions, Tenders & Probity
• Administrative & Government Law
• Building & Construction
• Commercial Disputes
• Contract
• Corporations Law
• Debt Recovery
• Employment & Industrial Relations
• Freedom of Information & Privacy
• Information Technology & Intellectual Property
• Insolvency, Bankruptcy & Company Wind Ups
• Insurance
• Taxation
• Trade Practices
• Trusts & Complex Wills

Commercial and retail leases are required as part of most businesses and form a significant regular cost. In the NT, while most commercial and retail leases are subject to the Business Tenancies (Fair Dealings) Act, leases on pastoral, mining and Aboriginal land are subject to different laws and legislation that may be confusing and complex. Where there are restrictions on leasing or the assignment or transfer of a lease, it may be appropriate to licence the property. At Jude Lawyers we can advise on all manner of leasing and licensing issues and work with you to negotiate and draft the best achievable terms. Our Darwin solicitors can assist with leasing and licensing matters.

With our focus on you achieving your goals, we advise on all forms of commercial agreements, contracts, deeds and trusts and can help you minimize risk, avoid problems, negotiate, and represent you to resolve disputes should they arise. Our lawyers are experienced in drafting and assessing legal instruments and have provided advice to both government and the private and corporate sectors. Buying, selling, importing, exporting, leasing, lending, hiring, securing - we will explain your rights, obligations, costs, time lines, contingencies and where there is a problem, provide possible commercial solutions with minimal risk. Looking for law firms in Darwin? Contact us today.

In most cases, commercial disputes may be resolved through negotiation and compromise. Where however action needs to be taken, our highly skilled and responsive lawyers are always ready to appropriately escalate matters and commence legal action. In litigation, we are a battle hardened team. From the local tribunals to the Australian High Court, we have the knowledge and experience to represent you. Our team of Darwin NT lawyers are ready to assist you.

The concept of what constitutes a binding contract is quite simple at its basic form. It may be created between two parties simply by one party making an offer that is accepted by the other party. The offer needs to require consideration by both parties. That is, a promise to do something in exchange for something to be done by the other party.

Although the concept of a contract may seem simple, in practice it is often a complex arrangement involving many elements and variables that may affect whether a contract is binding, enforceable, voidable, void ab initio, or unenforceable. This arises from the fact that a Contract may be made orally or in writing. It may also be entirely oral or entirely in writing or partly oral and partly in writing. Its terms may not always be fully expressed between the parties and may include implied terms depending on circumstances or have compulsory terms deemed to apply in circumstances subject to legislation. Whether a contract is binding may depend on the conduct of the parties at the time of negotiating and entering the contract. Whether or not the parties to the contract and equal bargaining power. Was the contract made under duress, were there false representations made, did one party engage in misleading, deceptive and/or unconscionable conduct to compel the other party to agree to unfair terms or to enter into an unsuitable contract to its detriment?

At Jude lawyers, we can advise you on the complexities of your contract and the obligations of each party in the contract. We will ensure that the contract you enter is enforceable, fair for you and contains precisely what you had envisaged and agreed with the other party. We will discuss with you any clause that may be problematic, offer information as to how it may be amended and where required, insert protections and procedures to avoid serious conflict. We can even manage or monitor the proper performance of each party to the contract and deal with any variations which need to be taken into account to enable adjustments between the parties.

Where litigation is unavoidable, we can assist you to enforce your contract and seek compensation for loss and damage if such is to occur as a result of the other party’s failure, performance or breach. Where you seek to be free from a contract, we will advise you as to whether you may rescind the contract or avoid its terms where possible or if unavoidable, terminate the contract in a managed way or best possible way minimising your liability. Ring us for a consultation.