Ellery Brookman offers a wide range of commercial services. We understand that fast and competent service is crucial in the commercial sphere, where deals can be lost due to slow turnaround of documents or poor or ineffective communication with the other party.
We can assist you with any of the following:
(a) Reviewing of contracts with which you are presented in order to ensure the contract doesn't contain any commercially inappropriate or unreasonable provisions, and ensuring that you understand its legal effect;
(b) Negotiating required changes with the other party where you instruct us to do so, bearing in mind the strength of your particular negotiating position;
(c) Drafting contracts to say what you need them to say and ensuring your legal interests are protected to reduce your exposure to liability and litigation;
(d) Preparing or reviewing commercial leases and arranging renewal, extension, variation or surrender documents;
(e) Drafting or reviewing loan agreements and mortgages;
(f) Setting up business structures such as trusts, partnerships and companies;
(g) Preparing partnership and shareholder agreements to record the arrangements between business partners (including the crucial matters of division of profits and arrangements in the event that one party wishes to retire from the partnership);
(h) Preparation of buy/sell agreements to set out arrangements where one partner in a business dies or becomes totally and permanently incapacitated, including buy/sell agreements funded by life insurance (see "Wills and estate planning" on this website for further information on buy/sell agreements);
(i) For businesses, preparation of or review of your client contracts or your standard "terms and conditions"; and
(j) Registration of leases or lodging of caveats for lessees to protect their interest in leased property.
We will work closely with you and your other professional advisors including your financial advisor, accountant and insurance broker (in respect of the insurance and indemnity clauses of your contract).
We believe in doing things right the first time. A properly drafted document can save you thousands of dollars and many sleepless nights in the future, and we take pride in knowing that our documents are always drafted precisely and with consideration to the latest legal developments.
Recent amendments to superannuation legislation have opened the way for gearing in superannuation, which will see self-managed superannuation – previously a vehicle of use only for those nearing retirement – become an important estate planning vehicle for Generations X and Y.
If your accountant or financial advisor recommends the sale or transfer of commercial real property into your self-managed superannuation fund, we can assist you with the preparation of the required documentation and complete all aspects of the transaction for you at extremely competitive prices.