Our expert commercial lawyers are dedicated to delivering business focused advice to achieve the best possible result for our corporate and commercial clients

Why Should You Choose Matthews Folbigg?

Our firm has been providing quality legal advice for nearly 60 years. We are one of the largest law firms outside the Sydney CBD and we exist to make a difference for our clients. We take pride in our work and in the role we play in helping our clients to succeed by finding solutions, resolving disputes, minimising risk, seizing opportunities and creating and protecting enterprise value and personal wealth. We offer a full range of commercial law services through a large team of experienced and practical lawyers and our clients benefit from FREE legal updates and access to informative webcasts.

What We Do

Amongst the vast range of services we provide:

Commercial Contracts – We can prepare or review your commercial documents and advise you on the risks and opportunities they pose.

Corporate Governance – Directors, officers and shareholders should all be aware of their rights and responsibilities under the Corporations Act, the company constitution and various other laws and regulations.

Franchising – Whether you are a franchisor or a franchisee, our commercial law team at Matthews Folbigg can provide you with the legal guidance you require.

Intellectual Property – Intellectual property is an increasingly important area of the law and our dedicated lawyers are ready to assist you.

Sale/Purchase of Business – Buying or selling a business involves a number of complex legal and commercial issues.

Sale/Purchase of Shares – A sale or purchase of business involves the sale and transfer of the assets of a business to a new owner, whereas a share sale or purchase  involves a change in ownership of the company which owns the assets. A share deal also involves more risk and our lawyers can assist with the necessary due diligence.

Structuring Advice – The choice of entity in which to conduct a business can have profound legal and taxation consequences. Our commercial law team are ready to advise you on the appropriate structure for your business.

Terms of Trade – Terms of trade are essential for any business which sells goods or services.

Employment Law – Our employment lawyers advise directors, managers and businesses generally across a broad spectrum of issues including work health and safety, discrimination, bullying & harassment, HR strategy, compliance and dismissals.

Litigation & Dispute Resolution – Our litigation and dispute resolution team provides a comprehensive range of alternative dispute resolution and litigation services and have extensive experience in handling large and complex pieces of litigation.

Debt Recovery – We provide a full range of debt recovery services.

Insolvency & Restructuring – Matthews Folbigg is the only law firm in western Sydney which offers a specialist personal and corporate insolvency and restructuring service.

Environmental Law – We assist clients to navigate the complexities of the environmental law and planning law framework.

Property & Strata law – Whether your business buys, sells or leases retail, industrial or commercial property, we can assist.

Want to Know More?

If you would like to know more about how we help our clients to succeed and why companies across Australia in many different industries choose to work with us, all you need to do is contact us and without obligation we will explain why we are able to offer the best value legal advice you will ever receive and the tailored assistance we can provide.

Or call us today on 1800 300 308

Matthews Folbigg commercial and business lawyers are committed to:

  • giving each commercial client direct access to the person that does their work;
  • helping each commercial client control their legal costs where appropriate; and
  • being aggressive in the execution of our commercial client’s work.

Through the consistent delivery of outstanding work from our expert commercial lawyers for over 50 years, Matthews Folbigg has achieved market prominence and leadership with companies operating their businesses in Parramatta and Greater Western Sydney.

Commercial Law

More Information

Our commercial law team have been advising and assisting businesses for over 50 years to navigate risks and pursue opportunities with a focus on providing legal guidance with a practical and business-orientated mindset.

Complemented by our employment, property, intellectual property, environmental, estate planning, debt recovery and litigation teams, we have the depth of personnel and experience to support you and your business from end to end.

The commercial contracts we draft, review, advise on and negotiate for clients are extensive in nature and can often be complex, thus it is vital that contracting parties properly understand and document the important legal rights and obligations they wish to create in order to best protect their interests and assets including in respect of:

  • agency and distribution agreements
  • business ownership agreements
  • intellectual property licensing and transfer agreements
  • confidentiality/restrictive covenant deeds
  • franchising agreements
  • sale and purchase of shares/units in a unit trust/business assets agreements
  • employment and independent contractor agreements
  • ·terms of trade, director guarantees and credit applications
  • supply and rental agreements
  • property leases, agreements for lease, licenses, incentive deeds, contracts for sale/purchase and options
  • liquor licensing
  • memorandums of understanding/heads of agreement
  • trust deeds
  • loan, security and mortgage agreements
  • deeds of release/terms of settlement

We advise directors and shareholders about their statutory, contractual and regulatory rights and obligations, and their exposure to personal risk and loss and the legal options available to endeavour to minimise same including those relating to:

  • director duties and disclosure requirements
  • shareholder rights and remedies
  • rules for the conduct of shareholder and director meetings
  • dealing with conflicts of interest
  • related party transactions
  • personal/accessorial liability and penalties
  • deeds of access, insurance and indemnity for officeholders
  • Constitution and Corporations Act requirements
  • director/shareholder disputes
  • ASIC regulatory compliance
  • establishing corporate governance guidelines

We assist both franchisors and franchisees to understand this unique business model and the ongoing business relationship and associated legal rights and obligations that exist between them including in respect of:

  • buying or selling a franchise
  • developing a new franchise
  • franchise agreements and disclosure documents
  • franchising laws and the franchising code of conduct
  • dealing with disputes
  • collateral agreements including licenses, leases and distribution agreements
  • franchise system establishment and ongoing documentation and compliance
  • business structuring advice and the establishment of your business structure
  • management agreements

Intellectual property comprises valuable assets that every business should be protecting as far as legally possible, and our dedicated lawyers can provide a range of assistance including in respect of:

  • advice regarding the different types of intellectual property and how to register and protect same
  • due diligence investigations to check ownership, registration/renewal status and encumbrances
  • cross-referencing names against already existing domain names, business names, company names, and registered intellectual property
  • trade mark registrations and dealing with opposition challenges
  • enforcement of intellectual property rights including to seek injunctions and damages
  • defending intellectual property infringement claims
  • dealing with disputes
  • issuing/responding to notices of alleged breach
  • confidentiality/non-disclosure agreements
  • protection of ideas and know-how
  • intellectual property licensing and transfer agreements
  • dealing with moral rights
  • waiver and release agreements

Business ownership agreements are important documents as they cater for tailor-made arrangements between business partners whilst in business and when exiting and include:

  • shareholder agreements
  • unitholder agreements
  • partnership agreements
  • joint venture agreements
  • accession agreements (to admit new owners)
  • related documentation such as company Constitutions and trust deeds
  • succession planning considerations
  • deeds of access, insurance and indemnity for officeholders
  • business structuring advice and the establishment of your business structure

Whether you are buying or selling an established business/selected assets or buying or selling shares in a company or units in a unit trust we can provide you with the necessary advice and assistance including in respect of:

  • drafting, reviewing, advising on and negotiating the heads of agreement and the buy/sell agreement
  • drafting, reviewing, advising on and negotiating related documentation (including the terms of any relevant business ownership agreements and any contractual prohibitions/restrictions on buying/selling)
  • addressing key terms including conditions precedent, staged payments, restraints, intellectual property, warranties and limitations of liability
  • due diligence investigations
  • confidentiality/non-disclosure agreements
  • interdependency agreements (such as buying land)
  • dealing with third parties such as secured creditors and landlords
  • assignments of key contracts including those with suppliers, customers and landlords
  • advising on employment entitlements and claims
  • regulatory considerations such as the need for any competition or foreign investment approvals