Commercial Law

The sale or purchase of a business is one of the most significant commercial transactions a business owner will undertake. Whether you are a vendor seeking to exit a business and maximise the return on your investment, or a purchaser seeking to acquire an established enterprise, the legal framework governing business transactions is complex and carries substantial financial risk.

Business transactions can be structured in a variety of ways — including asset sales, share sales, or hybrid structures — each of which carries different legal, tax, and commercial implications. The choice of structure, the terms of the business sale agreement, the scope of due diligence, and the protection of warranties and indemnities are all critical factors that require experienced legal guidance.

Common issues that arise in business sale transactions include disputes over the scope of assets included in the sale, the treatment of existing employees and their entitlements, undisclosed liabilities, restraint of trade provisions, and the accuracy of vendor representations and warranties. Obtaining experienced legal advice at the earliest stage of a business sale or acquisition is essential to protecting your interests and ensuring that the transaction proceeds efficiently and on terms favourable to you.

Our commercial law team provides end-to-end legal support for business sale and acquisition transactions, working closely with accountants, financial advisers, and business brokers to ensure a fully coordinated approach.

Business transactions require solicitors who understand both the legal framework and the commercial realities of buying and selling a business. Our team combines legal expertise with a practical, results-focused approach.

Commercial leasing creates legally binding, long-term obligations for both landlords and tenants. The terms of a commercial lease — including rent review mechanisms, make-good obligations, permitted use clauses, assignment rights, and option periods — can have a profound impact on the financial performance and operational flexibility of a business. Entering into or renewing a commercial lease without obtaining qualified legal advice is a risk that businesses of all sizes should avoid.

In Victoria, retail leases are governed by the Retail Leases Act 2003, which imposes mandatory disclosure obligations on landlords and provides certain protections for retail tenants. Commercial leases, by contrast, are largely governed by the individual agreement between the parties, making the quality of legal drafting and negotiation particularly important.

Whether you are a landlord seeking to protect your investment by ensuring your lease is properly drafted and enforceable, or a tenant seeking to negotiate favourable terms for a new or renewed lease, Westgate Lawyers & Consultants provides experienced commercial leasing advice tailored to your specific circumstances.

Our commercial leasing team provides practical, commercially focused advice for both landlords and tenants across all types of commercial and retail leasing matters.

Commercial leasing matters require a balance of legal expertise and commercial acumen. Our team provides advice that is both legally rigorous and practically useful, helping you to protect your interests and achieve your commercial objectives.

Commercial contracts are the foundation of virtually every business relationship. Whether you are entering into a supply agreement, a service contract, a distribution arrangement, a shareholder agreement, or a joint venture, the terms of your commercial contracts will define your rights, obligations, and exposure in the event that something goes wrong.

A well-drafted commercial contract protects your business by clearly defining the scope of work, payment terms, intellectual property rights, confidentiality obligations, limitation of liability, dispute resolution mechanisms, and termination rights. Conversely, a poorly drafted or inadequately reviewed contract can expose your business to significant financial and legal risk.

At Westgate Lawyers & Consultants, our commercial contracts team provides expert advice on all aspects of commercial contracting. We draft clear, comprehensive contracts that reflect your commercial intentions and protect your legal position, and we review and advise on contracts presented to you by counterparties — identifying unfavourable terms, ambiguities, and risks before you commit.

Our commercial contracts team provides tailored legal advice and drafting services across a broad range of commercial agreements, ensuring that your contracts are legally sound, commercially appropriate, and enforceable.

Commercial contracts require solicitors who understand both the legal requirements and the commercial context in which the contract will operate. Our team drafts clear, commercially sound contracts and provides advice that is practical and directly relevant to your business.

Commercial disputes are an unfortunate reality of business life. When contractual relationships break down, when counterparties fail to meet their obligations, or when misleading conduct causes loss, businesses need experienced legal representation to protect their interests and pursue or defend claims effectively.

Commercial disputes can take many forms, including breach of contract claims, disputes arising from business sales or acquisitions, partnership and shareholder disputes, misleading or deceptive conduct claims under the Australian Consumer Law, claims arising from defective goods or services, and enforcement of contractual rights including injunctions and specific performance.

Resolving commercial disputes efficiently requires a strategic approach — one that balances the desire for a favourable outcome with the practical realities of litigation costs and business disruption. At Westgate Lawyers & Consultants, we provide commercially minded dispute resolution advice, always exploring negotiated solutions and alternative dispute resolution before committing to litigation where that serves our clients' interests.

Our commercial dispute resolution team provides strategic advice and representation across the full spectrum of commercial disputes, from early-stage negotiation through to final hearing and enforcement.

Commercial disputes require solicitors who combine legal expertise with commercial judgement. Our team is committed to achieving the best possible outcome for our clients — efficiently and cost-effectively — whether that involves negotiated resolution or robust court representation.

Unpaid debts represent a significant challenge for businesses of all sizes. Whether you are owed money by a customer, a supplier, a former business partner, or a counterparty who has defaulted on a contractual obligation, the recovery of that debt may require legal intervention — and the sooner you act, the better your prospects of recovery.

Debt recovery in Australia involves a range of legal tools and procedures, including formal letters of demand, court proceedings, enforcement of judgments, statutory demands against companies, and bankruptcy proceedings against individuals. The most appropriate approach will depend on the nature and quantum of the debt, the identity and financial position of the debtor, and the circumstances surrounding the non-payment.

At Westgate Lawyers & Consultants, our debt recovery team provides efficient, cost-effective legal services to help businesses recover money owed to them. We take a strategic approach to every matter — assessing the most efficient path to recovery and managing the process from the initial letter of demand through to judgment enforcement where necessary.

Our debt recovery solicitors provide comprehensive legal support across the full debt recovery process, from initial demand through to enforcement and insolvency proceedings where required.

Debt recovery requires a firm, efficient, and strategic approach. Our team is committed to helping creditors recover what they are owed as quickly and cost-effectively as possible, while always assessing the most practical recovery strategy for your specific circumstances.