About

Commercial Lawyer in MacArthur

Commercial Law is a broad and complex area. It requires not only sound legal knowledge but also experience in, and an understanding of, commercial transactions and commercial enterprises. A commercial lawyer is a business adviser first and foremost and therefore any advice they provide not only needs to be legally accurate, it needs to be commercially sound as well.

An experienced and skilled Commercial Solicitor should therefore add value to your business.

Marsdens is well equipped to provide that advice and assistance in relation to any commercial matter and has done so over a number of years to clients ranging from ‘mums and dads’ to large public and private companies, government and the finance industry.

In particular, Marsdens Commercial Law Partner's Justin Thornton and Rahul Lachman are both Law Society Accredited Business Law Specialists and together they lead a committed team of solicitors who practice exclusively in Commercial Law.

 

Our expertise includes assisting in the following areas of commercial law:

  • Purchase and sale of companies and businesses.
  • Mergers, acquisitions and joint ventures.
  • Business structures and restructuring (including insolvency advice).
  • Corporate governance.
  • Intellectual Property.
  • Building and construction, manufacturing and distribution contracts.
  • Finance

 

Marsdens prides itself on providing accurate, practical and cost effective advice in these, and all other, areas of Commercial Law.

Team

Jim Marsden OAM

Jim Marsden OAM

Senior Partner

Jim is the Senior Partner of Marsdens Law Group and has been in that position for over ten years.Jim has spent the bulk of his professional career involved in Property and Commercial Law. He developed both Marsdens Property Group and Marsdens Commerc...
Justin Thornton

Justin Thornton

Partner

Accredited Specialist - Business Law

Justin is the Partner in charge of Marsdens’ Commercial Law  Department and has been with Marsdens for over 20 years. Justin is also an Accredited Specialist in Business Law.Justin acts for many large property developers as well as large, medium and ...
Rahul Lachman

Rahul Lachman

Partner

Accredited Specialist - Business Law

Rahul joined Marsdens in 2007 and is a Partner within our Commercial Department. He currently works with Justin Thornton who is also a Partner.Rahul practises in all areas of Commercial Law and provides advice to both local and foreign companies of a...
Domenico Mosca

Domenico Mosca

Partner

Dom is a Partner at the Marsdens Liverpool office.Dom has practised in Liverpool for approximately 35 years with an emphasis in Property and Commercial Law.His work is extensive ranging from a first home purchaser to large subdivisions and commercial...
Anthony Gordon

Anthony Gordon

Senior Associate

Anthony Gordon is a Senior Associate with Marsdens Law Group and Vice President of the Macarthur Law Society. Anthony practices in all areas of  Criminal Law, Property and Conveyancing, Family Law, Commercial and Estate Planning. Anthony also heads o...
Daniel Friend

Daniel Friend

Associate

Daniel joined Marsdens in 2009 and is an Associate in our Commercial Law Department working with Partner, Justin Thornton. He holds a Bachelor of Laws from the University of Western Sydney and Master of Laws from the University of New South Wales, sp...
Helen Jabbour

Helen Jabbour

Associate

Helen is an Associate in our Liverpool Office working alongside Partner Domenico Mosca focusing on the areas of Property and Commercial Law.She has extensive experience in acting for clients on the sale and purchase of residential and commercial prop...
Josef Ferraro

Josef Ferraro

Solicitor

Josef is a Solicitor practicing in the Commercial Law Department in our Campbelltown office and works alongside Partners Justin Thornton and Rahul Lachman across all areas of Commercial Law.Upon graduating from the University of Wollongong with a Bac...
Natasha Khamas

Natasha Khamas

Solicitor

Natasha is a Solicitor practicing in the Commercial Law Department in our Campbelltown office and works alongside Partners Justin Thornton and Rahul Lachman across all areas of Commercial Law.Upon graduating from Western Sydney University with a Bach...
Karan Singh

Karan Singh

Solicitor

Karan is a Solicitor practising in the Commercial Law Department in our Campbelltown office and works alongside Partners Justin Thornton and Rahul Lachman across all areas of Commercial and Business Law. Karan graduated from Western Sydney University...

FAQ

Do I need a solicitor to buy or sell a business?

You do not need a solicitor to buy or sell a business, however, buying or selling a business is a major transaction in which you need to properly consider a range of legal issues. A solicitor experienced in business transactions will therefore be able to advise you with those issues in order to protect your interests and ensure that the transaction proceeds smoothly.

Do I need a written Agreement if I lend someone money?

You do not need a written Agreement if you lend someone money, however, having a properly documented Loan Agreement will ensure that your agreement with the borrower is clear and is legally enforceable if the money is not repaid. You should also consider whether you obtain any security from the borrower for the loan amount to better secure the repayment of the money.

I am the Director of a Company, is there a possibility that I will be liable for some of the debts of the Company?

If you are the Director of a Company, the Corporations Act 2001 (Cth) does contain provisions that may result in you becoming personally liable for some or all of the debts of the Company. You should therefore consult with a solicitor to ensure that you are aware of the obligations imposed on you as a Director and also to discuss how you can protect yourself against potential liability.

What are the best types of business structures and how do I choose what is best for my business?

The most common types of business structures in Australia are:

  • sole trader;
  • company;
  • partnership and
  • trusts

If you are thinking of starting a business, you will need to look at the advantages and disadvantages of each different business structure in order to determine which structure is more appropriate. In that regard, there is no “standard” structure and you need to ensure that the structure of your business best fits your particular situation.

For established businesses it is important to ensure that the business structure you have in place is the most effective structure and is still the most beneficial structure given growth and the market of the business. If a restructure is required, there are a large number of issues that need to be considered and adverse consequences that can flow if a restructure is not undertaken correctly.

Marsdens’ has extensive knowledge of business structures and can provide advice and assistance with business structures and restructures.

What is the PPSA?

The Personal Property Securities Act (PPSA) governs most security interests in personal property. Under the PPSA, personal property generally includes all property (tangible and intangible) including goods or inventory, intellectual property, shares, debts and contractual rights.

Holders of a security interest in personal property must register that interest in the national online Personal Properties Securities Register to ensure that they have a priority claim to that property. Legal title is no longer enough, as this legislation has overturned fundamental personal property law concepts.

When do I need a DOCA?

If your company proposes to enter into voluntary administration, you may need to enter into a Deed of Company Arrangement (DOCA) which is a binding arrangement between a company and its creditors governing how the company's affairs will be dealt with as a result of the company entering voluntary administration.