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.
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).
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
Supply and service agreements
Draft Contracts &
Prepare or Review Commercial
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.
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.
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”).
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
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.
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