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At MALLIK REES we take care of business
We have advised businesses and executives since 1919. Whether you are purchasing a business, starting from scratch, or have been around for years, we can advise you on all the legal aspects not only of entering business but also, and most importantly, staying there.
GOING INTO BUSINESS
When setting up a business, a broad range of legal issues must be considered. Ensuring that your legal advice identifies and deals with them correctly the first time will save you money and inconvenience in the long run. In assisting client's with their business ideas, we emphasise careful planning around the following issues.
Leasing
The location of your business can be vital to your success. A properly drawn lease is essential to ensure you don't have to change this important aspect of your business at a later date.
Business Structure
We advise as to the most cost effective and tax effective structure for your business, be it a sole trader, partnership, limited liability company or franchise. The structure that suits your needs will, of course, vary according to circumstance.
Each of these structures has particular complications and we can assist by providing advice tailored to your needs. For example, in relation to potential partnerships, we draw up all necessary partnership agreements and advise you as to the rights and responsibilities that come with a partnership. If a limited liability structure is more appropriate, we will draw up all incorporation documents and also advise you generally as to matters to be aware of in limited liability companies. Franchising, in particular, can be very complicated. We can advise you on the Franchising Agreement generally, as well as your obligations and rights under the Agreement. Your future can depend on this Franchise Agreement and it would be wise to obtain legal advice.
Insurance Needs
Insurance has become a very important issue in recent times. We will advise you on what type of insurance we believe you should obtain to ensure protection of your assets.
Government Regulations
We can advise on Government Regulations that might apply to your business including assisting in obtaining necessary Permits, Licenses and Consents.
Debtor Control and Debt Recovery
Finally, and very importantly, the most common cause of business failure is the lack of appropriate debtor control and debt recovery methods. We can assist you throughout the operation of your business by advising on guarantees or other security to ensure that your business has every chance of success. We can also commence legal proceedings to recover debts on your behalf.
BUSINESS CHECK UP
We all know that a regular check up is essential to maintaining good health. At MALLIK REES we believe that a regular check up is also essential for maintaining the health of your business. Our experienced team of lawyers can conduct a business check up and advise on how to get the most from your investments. The check up involves a number of questions:
Is your Business name registered? Your business identity is essential to your business, we can help you ensure that all your legal rights in this area are secure.
Is your legal structure appropriate to you and your business? As indicated in the discussion regarding GOING INTO BUSINESS, legal consequences can flow from different structures. We advise you on the right structure for your business needs.
What are the pitfalls of your Lease and what conditions of your Lease aren't being complied with? Your Lease can be the most important asset of a business. Wwe will direct you to the points you should concentrate on when negotiating your next Lease.
Do you have appropriate insurance? What type of risk are you and your business exposed to? What protection is required for the Owners of your Business and Directors of your Company? If a problem arises, the answers to these questions could mean the difference for your ongoing survival.
What are your debtor control procedures? What Securities or Guarantees are necessary to ensure payment? What can you do about bad debts?
What fraud control protection do you have?
Do your Banking procedures comply with statutory requirements?
Do you have a productive employer/employee relationship? What are your statutory obligations to your employees? What are your rights as employers?
What consumer laws are applicable to your business? What credit laws are applicable to your business? Are these laws being complied with?
Do you have burdensome contractual obligations? What are your rights and obligations under your equipment purchase or supply Contracts? What are your liabilities? What are the early pay out penalties? What are the risks to the owners of the business under such Contracts?
Do you have a business plan? Do you know where you are going? Have you considered where you want your business to be in five years time? How are you going to get there?
With our experienced, professional team this check up will help grow your business by reminding you of these important issues, without allowing you to be distracted by them.
ENTERPRISE AGREEMENTS
Since their introduction in 1996, considerable advances have been made by Industry and Commerce in the use of Enterprise Agreements and Workplace Agreements in place of both State and Federal Awards. These are company specific agreements that are negotiated directly between employers and employees.
Enterprise and Workplace Agreements can substitute for all or part of an award and can apply to selected parts or the whole of your work force. They have a number of benefits for employers, such as providing new opportunities to develop cost saving strategies, encouraging productivity, helping to maintain and/or create a positive management/employee relationship, enabling formulation and implementation of performance criteria, and allowing the tailoring of award working conditions to your particular business enterprises.
As part of our ongoing commitment to legal solutions for business, MALLIK REES can advise you on the legal criteria for a valid enterprise agreement and negotiate, or assist in negotiations, with unions or employees. Enterprise Agreements require the approval of the Commissioner for Enterprise Agreements, the Industrial Registrar and the Employment Advocate. MALLIK REES will assist you in the preparation of the requisite documentation with the obvious goal of securing all necessary approvals. Throughout the process we will actively liaise with your other advisers where their special skills are required so as to ensure the highest quality outcome.
HOSPITALITY
MALLIK REES offer a broad range of services to the hospitality industry. These include advice on the variation or extension of trading hours, grant and/or transfer of various licences, and advice on how to handle objections to the grant of a licence. We provide advice on the following licences:
- Hoteliers Licence;
- Restaurant On-Licence;
- Function On-Licence;
- Public Hall On-Licence;
- Caterers On-Licence;
- Vigneron Off-Licence; and
- Retailers Off-Licence.
The Registered Clubs Act 1976 (as amended) also prescribes very specific requirements. MALLIK REES offers advice and accept instructions in:
- applications for Certificate of Registration;
- amalgamation of Registered Clubs;
- removal of Clubs to other existing premises;
- objections to applications by Clubs for variations to premises, rules or conditions of Certificates of Registration;
- defence of prosecution of Clubs/Club Officers; and
- applications to cancel Certificate of Registration.
In addition to these specific services, we provide general advice on GOING INTO BUSINESS and the BUSINESS CHECK UP. These services can assist with the Purchase (or sale) of a business (including restaurant, fast food outlet, hotel, tavern, motel, or tourist facility) as well as the reinvigoration of existing businesses.
We can also advise you regarding Enterprise Agreements and Australian Workplace Agreements, see ENTERPRISE AGREEMENTS. We will both negotiate drafts that take into account the specific needs of the Hospitality industry and assist with getting final documentation approved, thus enabling you to take advantage of the flexible working arrangements available under the new Industrial Laws.
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