Starting a business raises legal questions as well as practical ones. This is what tends to come up, and what to have ready.
Structure, name and registrations
business.gov.au’s guide to starting a business runs from deciding a structure and a business name through registering: an ABN, a business name, a company where that applies, taxes, and licences and permits. Its legal essentials page lists the tax registrations that can follow — ABN, GST, a TFN and PAYG withholding. Structure comes early in that guide because much else follows from it.
Agreements you already have
An agreement may create obligations even without a signed document. Keep records of what was agreed, including emails and messages, and ask for advice about the terms and whether they are enforceable in your circumstances.
Premises
A lease can be a significant commitment for a new business. Before signing, know how long it runs, what happens at the end, who repairs what, and what leaving early involves.
Licences, permits and the rules of trading
Which licences and permits you need depends on what you do and where — the guide has a step for that. It also covers fair trading and the Australian Consumer Law, privacy, and how you may market and price.
If anyone will work for you
Before hiring, check the wages, work health and safety and workers compensation requirements that apply to your business. Clarify whether each person will be an employee or a contractor; the label used in an agreement is not a substitute for checking the arrangement.
The name and the brand
Registering a business name is not the same act as protecting a brand. The guide treats trade marks separately; checking a trade mark before you launch covers where to search.
What to bring to advice
What you will sell and to whom. Who else is involved and what has been agreed. Anything already signed, paid or registered. Whether there are premises and whether anyone will be employed. And the date you are working towards, if there is one.
business.gov.au’s own advice is to consult a legal expert or business adviser about which laws apply. Practitioners are listed in the directory, and what to check before you instruct a lawyer covers the checks worth making first. The guides explain how the directory is put together.
General information, not legal advice. It does not take your circumstances into account and does not create a lawyer and client relationship. Lawyers of Sydney is operated by Jameson Law; listings describe individual practitioners and firms, and a listing is not a recommendation.