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Commercial and Business Lawyers
HOCW’s commercial and business lawyers provide practical legal advice for businesses at key points of change and decision-making. We assist with commercial arrangements, business structures, transactions, governance and succession planning, helping clients make informed decisions and protect the value they have built.
Our team acts for businesses across Melbourne, Mount Waverley, Victoria and interstate.
Common Reasons to Seek Commercial Law Advice
Clients seek our advice when establishing, operating, restructuring, buying, selling or planning the future of a business. We provide commercially focused guidance on the legal arrangements required to support these decisions.
We commonly assist where:
A new business is being established, and the appropriate structure needs to be determined
An existing business is being restructured to support growth, asset protection or tax planning
Shareholder, unitholder or partnership arrangements need to be formalised or reviewed
A contract or commercial agreement requires drafting, review or negotiation
Terms and conditions of trade, supply or service agreements need to be prepared or updated
Intellectual property, confidentiality or licensing arrangements need to be documented
A business is being bought, sold or transferred, including due diligence and transaction support
A business owner is planning for succession or exit
Practical legal guidance for every stage of business
Our advice is tailored to the transaction, structure or commercial issue at hand. We work closely with clients and their professional advisers to identify legal risks, document appropriate arrangements and support confident business decisions.
Strategic Business Structuring & Governance
Whether you are starting a business, restructuring a family enterprise or preparing for a sale, choosing the right structure is critical. We advise on companies (Pty Ltd), discretionary and unit trusts, and partnerships. We also put clear agreements in place, such as shareholder and unitholder agreements to help manage relationships between owners and avoid disputes.
Commercial Agreements & Contracts
Well-drafted contracts help prevent disputes before they arise. Our lawyers draft, review and negotiate agreements tailored to your business, including:
Supply, distribution, and service agreements
Intellectual Property (IP) licences and confidentiality agreements
Terms and conditions of trade
Loan agreements and security documents
Business Transactions & Succession
We support clients through the legal aspects of acquiring, selling or transferring a business, including due diligence, section 52 statements, and asset or share sales.
We also assist with succession planning, helping business owners’ step back or transition out while protecting what they have built.
Why businesses choose us for commercial law
Specialist Expertise: Our team includes LIV Accredited Specialists in Commercial Litigation and Insolvency. This back-end expertise allows us to draft front-end contracts that are better equipped to withstand challenges.
Local Focus, Broad Reach: While we are deeply embedded in the Melbourne and Mount Waverley business communities, we act for SMEs and family enterprises throughout Victoria and interstate.
Collaborative Approach: We work closely with your accountants and financial advisers to ensure your legal, tax, and commercial strategies are perfectly aligned.
If your commercial dispute has already escalated, our commercial litigation and insolvency lawyers in Melbourne can help.
Frequently Asked Questions About Commercial Law
A commercial lawyer helps you manage legal risk and make informed decisions at every stage of your business. HOCW helps you structure, document and manage your legal relationships so they support growth and protect value. We advise on how to set up and govern your business, how to put in place commercial agreements, and why meeting your regulatory obligations is essential for long‑term success.
You should engage a commercial lawyer when starting a new business, taking on investors, negotiating significant contracts, or buying and selling a business. Early advice helps you avoid costly mistakes and ensures clear arrangements are in place between owners and key stakeholders.
We advise on the appropriate structure for your business, whether that is operating as a sole trader, company, partnership or trust (including discretionary or unit trusts). We consider factors such as asset protection, risk and tax implications, and often work with your accountant to ensure the structure fits your goals.
It is highly advisable for important contracts with suppliers, customers, landlords or investors. We draft and negotiate agreements to ensure they reflect your understanding of the deal, comply with the law and manage risk in a way that suits your business.
Yes. We often work closely with accountants, financial advisers and other professionals on structuring, transactions and succession planning. This collaborative approach ensures your legal, tax and commercial strategies are considered and aligned to protect your business interests.
No. Our commercial law team is based in Melbourne and Mount Waverley, but we act for clients throughout Victoria and interstate.
Our Commercial Law team advises businesses, business owners and professionals on commercial transactions, contracts, corporate and advisory matters. The team is headed by Rachelle Eytan, who works with clients to provide practical, commercially focused legal advice.
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Related Services
Commercial Litigation & Insolvency
If you are involved in a business or contractual dispute, facing unpaid debts or financial distress, our Commercial Litigation & Insolvency team can help you assess your position, manage risk and work towards a resolution.
Property & Conveyancing (business property)
If your commercial arrangements involve buying, selling or leasing business premises, our Property & Conveyancing team can assist with contracts, due diligence and leasing to support your broader commercial objectives.
Wills, Estates & Succession Planning (business owners)
If you are a business owner or director and want to plan for succession, incapacity or death, our Wills & Estates team can help you integrate your business, trust and SMSF arrangements into a clear succession and estate plan.
Employment related disputes (select matters)
If you are facing specific employment‑related disputes as an employer or employee (such as contract or restraint issues), our Commercial Litigation and Insolvency team can advise you on your options to resolve the matter efficiently.