BUSINESS & COMMERCIAL LAW

If you are a sole trader, or a small to medium business, we can assist you with useful, cost-effective legal solutions. Our lawyers will not charge for their initial time to discuss your needs and provide you with a costs estimate for the legal work required. Whether you are commencing a new business, growing or restructuring an existing business, or wanting to conduct an evaluation of your current business structure, Elvin Lawyers can help.

Take your business to the next level.

Business structure

Regardless of whether your business is a franchise, partnership, trust or company, checking that you have the right business structure in place mitigates potential risks for your business, and provides taxation advantages. We can advise you on the best structure(s).

 

Business contracts

We can confidently adapt contractual terms and conditions to be in the best interests of your business, both for the present and looking to the future. We also ensure that we always meet and exceed due diligence standards.

Some of the contracts we can prepare and/or review for your business include:

  • The purchase or sale of a business

  • Partnership agreements

  • Employment Agreements

  • Shareholders Agreements

  • Franchise agreements

  • Supply and service agreements

  • Distribution agreements

  • Commercial leases

Purchase or
Sale of 
Business
Resolve Commercial 
Disputes
Draft Contracts &
Agreements
Prepare or Review Commercial
Leases
 

DEBT RECOVERY 

As part of safeguarding the cash flow of your business, it must be able to collect most of its “bad debt”. Typically, we refer to “bad debt” as debt that is outstanding for longer than 90 days. One way to protect your business against bad debt early on is to review your contracts, trade agreements, and terms of trade. We can support you to ensure your terms are clear and processes solid so as to circumvent lengthy and expensive litigation proceedings in the future. In line with our firm’s approach, we are well versed in the costs of court litigation and can advise you realistically on whether it is viable to proceed to Court.

Letter of
Demand
Garnishee
Orders
Commercial 
Disputes
Recover Bad
Debt

The Debt Recovery Process

The first step in recovering debts owed to your business is to send a Letter of Demand to the debtor. For this letter to be legally admissible, it must include: precise details of the debt, a request that payment be made by a certain final payment date (typically 14 days), and notice that debt recovery options will be pursued in the event that payment has not been received by this date.

Issuing Proceedings

In the event that payment is not made after the Letter of Demand has been received and before the final payment date, then the second stage in debt recovery is to issue court proceedings. The court proceedings are typically initiated with the filing of a Complaint which sets out the factual scenario in what is usually referred to as a Statement of Claim. The sum and nature of the debt will determine which Court handles your matter and what the requirements of the accompanying paperwork are. You should seek legal advice at this step.

 

From here, it is the defendant’s response to your Complaint / Statement of Claim that will decide your next move. Most businesses’ claims for debt recovery under $100,000 will be determined in the Magistrates’ Court of Victoria. In the Magistrates’ Court of Victoria, the defendant has 21 days from when they received the Complaint in which to file a Defence with the Court. If, within this 21 day period, they do not file a Defence, do not pay you, and do not enter into a payment instalment plan with you, then you can get a Court Judgment / Order against them without even having to go to a Court Hearing (an “Order in Default of Defence”).

Enforcement options

Once you have a Court Judgment / Order against them, the Court has a range of options available to proceed with actually collecting your money. These include:

  • Seizing property – where the debtors goods are seized and sold at auction

  • Selling Real Estate

  • Summons – where the debtor has to attend a public Court examination to explain their assets and liabilities

  • Garnishee Order – where a percentage of their wages are given to you

  • Bankruptcy/winding up proceedings

 
 

PROPERTY, BUILDING, & CONSTRUCTION LAW

Resolve Building 
Disputes
Review and Advise on Building Contracts
Lodge a Caveat
Solicitor's Certificates for Loans & Guarantees

Whether you are a property owner or a builder, property law and regulations can be difficult to navigate. You may need advice to refinance your mortgage, lend money to a child to buy a property, or guarantee a loan for a trusted loved one. Or, perhaps you are involved in a dispute resulting from commercial or residential building and construction. Through working closely with architects, civil engineers, and claims consultants, we aim to effectively speed up the resolution process of your dispute.

Conveyancing - As of 6 January 2020, Elvin Lawyers is no longer providing conveyancing services.

How are we

DIFFERENT?

What do our

CLIENTS SAY?

Our building and construction dispute resolution services include:

  • Payment claims and debt recovery

  • Dispute resolution and/or Court appearances including litigation

  • Representation at VCAT

  • Professional liability claims / insurance claims

  • Prepare Notices of Remedy

  • Prepare Letter of Demand to recover unpaid progress payments

Our transactional property law services include:

  • Provide solicitors' certificates of independent legal advice on mortgages, loan, and guarantees

  • Review and advise on building contracts

  • Review, advise, transfer, and prepare commercial or retail leases

  • Advise on caveatable interests

  • Lodge a caveat

  • Advise on and lodge adverse possession claims

Elvin Lawyers © 2020