Business and Commercial

We provide tailored and commercially effective advice, focusing on your business needs and priorities. By working closely with you, we can determine exactly what you need to achieve the best possible outcome for you and your business.

Contracts

We assist our clients with all aspects of business contracts, including:

Forming contracts
Determining the scope and content of contracts
Avoiding contractual obligations
Performance and termination of contracts
Remedies for breach of contract

Directors

We have extensive experience with corporate governance issues such as directors’ duties, risks, and liability to shareholders. Our client base includes a number of small and medium corporate enterprises, as well as their directors and officers. We provide practical legal advice to assist our clients in protecting their business interests, as well as aiding directors and officers to protect their personal assets.

Shareholders

We recognise that at the core of a shareholders' dispute is a fight for control and the benefits that this control may provide to each shareholder.

There are a number of remedies available to shareholders who believe unfair or improper conduct should be dealt with. Many disputes between shareholders are best handled by one or more parties being “bought out”. Often the best way to do this is through negotiation.

However, there are times when a negotiated solution cannot be achieved. For example, each of the parties believes that it is the other party who should exit. When this occurs, we have the experience and expertise to initiate the necessary legal proceedings.

Winding Up

We assist our clients with closing or winding-up their business, from de-registering with ASIC to assisting with other legal obligations. We also advise on the procedure for the bankruptcy of individuals, assisting in the preparation of bankruptcy notices, statutory demands, and administration of bankruptcies and liquidations.

Insolvency

We provide our clients with advice and representation across all aspects of corporate and personal insolvency law. We assist stakeholders to comply with their legal obligations in various insolvency administrations (i.e. a liquidation, receivership, voluntary administration or bankruptcy). In circumstances where there are simply insufficient assets available to meet the various competing claims on them, we work to maximise our clients' commercial interests.

We strive to provide pragmatic and relevant advice in relation to any options that our clients have. We can determine where our clients stand so we can achieve the best possible outcome for them.

Partnership Disputes

Partnership disputes (much like all disputes) are time-consuming and expensive for all parties involved. Partnership disputes give rise to unique issues, and raise many questions about the interpretation of the particular partnership agreement and the Partnership Act 1895. We can assist in resolving these disputes, by finding an amicable, innovative solution, while protecting our clients' rights in the partnership.

Leasing

We represent commercial clients in all aspects of lease disputes regarding retail or commercial leases. Tony has authored and published an annotated commentary on retail shops law in Western Australia, allowing us to provide our clients with a high level of expertise and comprehensive advice.

Contact Us

To discuss a property-related enquiry with one of our solicitors, please contact our firm on (08) 9221 8337 or enquiry@irwinlegal.com.au.