SamarasLawyers

Supporting Your Business with Confidence and Clarity

Samaras Lawyers provides business and commercial law advice in Hurstville and across Sydney, assisting business owners, investors, and entrepreneurs at every stage of their commercial activities.

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Whether you are establishing a new business, purchasing an existing enterprise, negotiating commercial agreements, or planning for succession, we provide practical legal guidance tailored to your objectives and risk profile.

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Operating a business involves legal obligations and commercial considerations that require careful structuring and documentation. Our role is to assist clients in making informed decisions and managing legal risk effectively.

 

Buying or Selling a Business in NSW

Purchasing or selling a business requires careful review of contractual terms and due diligence. This process may involve reviewing financial information, lease arrangements, supplier contracts, intellectual property, and regulatory compliance.

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We assist clients with:

• Reviewing and negotiating business sale agreements

• Identifying key risks within transaction documents

• Coordinating settlement requirements

• Ensuring compliance with relevant legal obligations

 

Clear documentation and structured negotiation can significantly reduce risk in business transactions.

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Commercial Agreements and Contract Review

Well-drafted contracts are fundamental to protecting business interests. Ambiguous or incomplete agreements can create uncertainty and disputes.

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We assist with drafting, reviewing, and negotiating commercial agreements, including:

• Service agreements

• Supply and distribution agreements

• Shareholder agreements

• Partnership agreements

• Confidentiality agreements

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Understanding contractual obligations before signing is essential for risk management and operational stability.

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Commercial and Retail Leasing

Commercial leases often contain complex provisions relating to rent reviews, outgoings, maintenance obligations, assignment rights, and termination clauses.

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We assist both landlords and tenants with reviewing and negotiating commercial and retail lease agreements in NSW. Early review of lease documentation can help minimise financial exposure and reduce the likelihood of disputes.

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Business Succession and Exit Planning

Long-term business planning may involve preparing for succession or exit. This can include reviewing shareholder agreements, restructuring ownership interests, or coordinating with estate planning strategies.

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We assist business owners in planning for transition to help ensure continuity and minimise disruption to operations.

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Choosing the Right Business Structure

Selecting an appropriate business structure is a critical early decision. The structure adopted can affect liability exposure, taxation treatment, asset protection, and long-term planning.

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Common business structures in NSW include:

• Sole trader arrangements

• Partnerships

• Companies

• Trust structures

 

We assist clients in understanding the legal implications of each structure and work collaboratively with accountants and advisers where appropriate to ensure alignment with broader financial and commercial goals.

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Managing Commercial Risk

Proactive legal advice can reduce the likelihood of disputes and operational interruptions. Identifying risks within contracts, structuring arrangements appropriately, and maintaining clear documentation can significantly reduce exposure.

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We work with clients to implement practical risk management strategies tailored to their industry and commercial objectives.

 

Shareholder and Partnership Agreements

Clear agreements between business owners are essential to prevent misunderstandings and disputes. Shareholder and partnership agreements commonly address matters such as decision-making authority, profit distribution, dispute resolution mechanisms, and exit arrangements.

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Well-structured agreements can provide clarity regarding ownership rights and responsibilities and assist in managing changes in circumstances over time. We assist clients with preparing and reviewing shareholder and partnership agreements tailored to their business structure.

 

Director Duties and Corporate Responsibilities

Directors of companies in Australia have statutory and fiduciary obligations under corporate law. These duties include acting in good faith, exercising care and diligence, and avoiding conflicts of interest.

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Understanding these responsibilities is important to minimise personal exposure and ensure compliance. We provide guidance to company directors regarding governance obligations and corporate compliance matters.

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Intellectual Property and Business Protection

Businesses often rely on intellectual property such as business names, branding, proprietary systems, and confidential information. Protecting these assets may involve appropriate contractual protections, confidentiality agreements, and clearly drafted ownership provisions in commercial agreements.

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We assist clients in structuring agreements that help safeguard business interests and reduce exposure to misuse or unauthorised disclosure.

 

Business Transactions and Risk Allocation

Commercial transactions often involve allocation of risk through contractual mechanisms such as warranties, indemnities, limitation of liability clauses, and termination provisions.

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Careful drafting and negotiation of these terms can significantly affect commercial outcomes. We assist clients in understanding risk allocation within agreements and negotiating terms that align with their commercial objectives.

 

Ongoing Legal Support for Businesses

Businesses frequently require ongoing legal support as operations evolve. This may include reviewing updated agreements, responding to regulatory changes, or addressing emerging risks.

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We work with clients to provide responsive legal assistance as their businesses grow and adapt to changing commercial environments.

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Dispute Resolution and Commercial Conflicts

While many commercial matters can be resolved through careful planning and documentation, disputes may arise between business partners, shareholders, suppliers, or customers.

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Early legal guidance can assist in identifying options for negotiation, mediation, or formal dispute resolution where necessary.

 

Addressing commercial disagreements promptly can help minimise disruption to operations and preserve business relationships.

We provide advice regarding contractual disputes and commercial conflicts, focusing on practical and proportionate solutions aligned with business objectives.

 

Coordinating Commercial, Property and Tax Matters

Many business transactions involve overlapping legal considerations, including property law and tax implications. Purchasing a business, entering into a commercial lease, or restructuring ownership may require coordination across multiple legal areas.

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Samaras Lawyers can provide integrated advice that considers commercial, property, and taxation issues in a structured and practical manner.

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Why Choose Samaras Lawyers for Business Matters?

We understand that business decisions must balance legal compliance with commercial realities. Our approach is to provide clear, commercially focused advice that supports informed decision-making.

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Based in Hurstville, Samaras Lawyers assists clients across Sydney with business and commercial law matters across a wide range of industries.

 

Supporting Businesses in Hurstville and Across Sydney

Based in Hurstville, we assist local business owners, investors, and entrepreneurs throughout Sydney and NSW. Our focus is on delivering practical advice that supports sustainable business growth while managing legal risk.

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Frequently Asked Questions – Business Law in NSW

Do I need a lawyer to buy a business?

Legal guidance can assist with reviewing agreements, identifying potential risks, and ensuring compliance with relevant obligations.

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What is the best business structure?

The appropriate structure depends on your financial, taxation, and risk considerations. Advice should be tailored to your circumstances.

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Should I have a commercial lease reviewed before signing?

Yes. Lease terms can significantly affect your financial commitments and operational flexibility.

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What should be included in a shareholder agreement?

A shareholder agreement sets out rights, responsibilities, and dispute resolution mechanisms between company owners.

 

What should I look for when reviewing a business sale agreement?
Key considerations often include warranties, liabilities, employee arrangements, lease terms, and settlement conditions.

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Can a lawyer assist with negotiating contract terms?
Yes. Legal advice can assist in identifying risks and negotiating terms to better align with your commercial objectives.

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Do I need a shareholder agreement if I have a company constitution?
A shareholder agreement can address matters not covered in a company constitution, including dispute resolution and exit arrangements.