Overview

What business lawyers actually do

Business lawyers are the generalists of commercial practice — the firm a small or medium business calls for whatever has come up this week, from a contract to a difficult employee to a customer who will not pay.

For most businesses this relationship is more valuable than any single piece of work. A lawyer who already knows how your business is structured gives faster and cheaper answers than one starting from scratch.

The work they handle

Business structures — sole trader, partnership, company, trust
Everyday contracts: clients, suppliers, contractors, employees
Buying or selling a small business
Debt recovery and disputes with customers or suppliers
Leases, licences and franchise agreements
Compliance questions — privacy, consumer law, industry regulation

Victoria

Where a matter like this is heard

Magistrates' Court of Victoria

Handles most criminal and traffic matters, intervention orders and smaller civil claims.

County Court of Victoria

Handles serious criminal trials, appeals and most personal injury claims.

Supreme Court of Victoria

Handles the most serious criminal matters, major commercial litigation and probate.

Victorian Civil and Administrative Tribunal (VCAT)

Handles tenancy, owners corporation, consumer, planning and guardianship matters.

Victoria licenses conveyancers separately from solicitors, so for a straightforward purchase you have a genuine choice between the two.
Personal injury in Victoria runs through dedicated schemes — the TAC for transport accidents and WorkSafe for workplace injuries — and firms tend to specialise in one or the other.

When to call a business lawyer

You are setting up and want the structure right from the start
You are taking on staff or contractors for the first time
A customer will not pay
You are signing anything with a term longer than a year
You are buying, selling or bringing in a partner

What it costs

Most small business work is hourly, with fixed fees common for standard documents. Many firms offer a fixed-fee starter package covering a structure, standard terms and an employment contract, which is usually better value than commissioning each piece separately.

How to choose

Look for a relationship, not a transaction

The value compounds. A lawyer who knows your business answers the next question in ten minutes rather than an hour.

Ask about businesses your size

Advice built for a listed company does not scale down well, and it is priced for someone else.

Get the structure right early

Restructuring later has tax and duty consequences that setting it up correctly avoids entirely.

Before you engage anyone

Check the practitioner holds a current practising certificate. In Victoria that is Victorian Legal Services Board and Commissioner, and the register is public.

Check the VIC register ↗

Common questions

Do I need a company or can I stay a sole trader?

It depends on liability, tax and who you deal with. A company separates your personal assets from the business but costs more to run. It is a question worth an hour of combined legal and accounting advice.

Can I write my own terms and conditions?

You can, and many do. The clauses that matter — liability limits, payment terms, termination, what happens to intellectual property — are the ones most often wrong or unenforceable in a self-drafted set.

What is the first legal thing a new business should do?

Get the structure and ownership documented, especially if there is more than one owner. Almost every expensive small business dispute traces back to that not being done.

How do I recover unpaid invoices?

Usually a letter of demand first, then a claim in the appropriate small claims or civil court. A lawyer can tell you quickly whether the amount justifies the process.

This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.

Other legal help in Melbourne

General Practice Solicitors in Melbourne261 Barristers in Melbourne5 Commercial Lawyers in Melbourne5 Family Lawyers in Melbourne3 Immigration Lawyers in Melbourne3 Employment Lawyers in Melbourne2 Building & Construction Lawyers in Melbourne1 Criminal Lawyers in Melbourne1 Litigation & Dispute Lawyers in Melbourne1 Mediators & Arbitrators in Melbourne1 Wills & Estates Lawyers in Melbourne1

Business Lawyers near Melbourne

West Melbourne, VIC6 Southbank, VIC5 Carlton, VIC25 North Melbourne, VIC4 Parkville, VIC3 Docklands, VIC2 Fitzroy, VIC9 South Melbourne, VIC16 Carlton North, VIC6 Port Melbourne, VIC5 Collingwood, VIC4 East Melbourne, VIC8

Business Lawyers in other states

New South Wales Victoria Queensland Western Australia South Australia Tasmania Australian Capital Territory Northern Territory