Business Law

There are a number of legal requirements to consider when conducting a business in Australia. Whether you are starting, running, growing or exiting a business, we are able to assist you and work with you as a team. We understand that lawyers may sometimes get in the way of business, but our solution-based approach will ensure that you achieve your goal in the most efficient and effective way. Our commercial acumen will also help you to identify potential risks and plan strategies to manage and minimise those risks.

‘We care for your business just like our own. Only when you grow, we can grow.’

Our expertise in business law includes:-


When starting your own business, it is important to consider the best formation and structure for you. By choosing the right business structure, you can run your business to suit your needs, where you will be able to reduce time and cost expenditures and as a result, become more profitable. Whether you want to operate as a sole trader or through a complex trust structure for assets protection, we are able to assist you.

Our experienced team can provide advice on formation and structuring of:-

  • Company
  • Partnership
  • Joint Venture
  • Discretionary & Family Trust


Buying or selling a business is a significant decision but Tan & Tan can assist you to achieve the best outcome for your interests.

There are a number of factors that should be considered when purchasing or selling a business. For example, buyers should ensure that the business has registered ownership of its intellectual properties and that the proposed business structure is the most appropriate for them. They may also need to verify that any existing lease or licensing agreements are transferable and of sufficient length. Sellers should become aware of any GST or capital gains tax that is applicable and negotiate with the buyer on any length of assistance periods.

Tan & Tan will advise you on all of these considerations and guide you through every step of the sale or purchase. Our experienced team can provide efficient solutions to your legal needs, including:-

  • Advice on the proposed purchase structure (eg sole trader, partnership or company)
  • Prepare or Review Contract of Sale
  • Negotiate on terms of the contract
  • Liaise with finance providers
  • Transfer of any existing leases or equipments
  • Licensing eg liquor licensing
  • and many more…


Franchising is where the owner of the business (franchisor) allows another business (franchisee) to operate under their name and brand, and sell their products or services for a specified period.

Franchising could be rewarding for business owners who are looking to expand their business, while buying a franchise could be a good alternative to starting a new business. However, it is important that the right legal processes are followed. Franchising is regulated by the Franchising Code of Conduct and franchisees will be bound to run the business according to the terms of the franchise agreement.

We can help you with all facets of franchising at any stages ;-

    • Preparation for Franchising your business
      • Advise on setting up business
      • Preparation of the business structure and policies
      • Advise and Protection of your intellectual property
      • Setting up the proper structure and contracts


    • Selling your franchise
      • Advising and Preparation of Franchise agreements
      • Drafting of all legal documents such as service agreement
      • Stewardship of the sale process


  • Buying a franchise
    • Advise on the Franchise agreement
    • Setting up your company and trust if required
    • Preparation of your company structure and policies
    • Advice on licenses and permits


  • Preparing and reviewing Franchise agreements
  • Franchising Code of Conduct
  • Resolving franchise disputes
  • Franchising penalties and infringements

Drafting a concise and effective agreement can protect your rights in a commercial transaction. No matter what your focus is, we will help you to achieve your goal by advising on the most suitable strategy through careful planning, drafting and negotiations.

We have considerable experience with commercial matters. Our lawyers can provide advice on and prepare:

  • Joint Venture Agreements
  • Partnership Agreements
  • Licence Agreements
  • Supply Agreements
  • Franchising Agreements
  • Employment Contracts, policies and procedures
  • Business Succession Agreements
  • Confidentiality and Non-Disclosure Agreements

Please feel free to contact us for a consultation, so that we can better assess and service your needs.