Cogent Legal Lawyers assists clients in the Melbourne Region with questions or disputes in Commercial Law

Commercial law may be defined as working within the rules and regulations that operate on you as a business. A few examples include the Corporations Act 2001 (Cth), the Retail Leases Act 2003 (Vic), the Fairwork Act 2009 (Cth), and the Taxation Administration Act 1953 (Cth), the Trademarks Act 1995 (Cth).

An area of focus as a commercial firm is the drafting and enforcement of Terms of Trade and other Business to Business Contracts. This includes the drafting (writing) of contracts such as sub-contractor agreements, contractor agreements, distribution agreements, and confidential non-disclosure agreements. Below are several areas of practise in Commercial Law:

Company Secretary

Commercial law may be defined as working within the rules and regulations that operate on you as a business. A few examples include the Corporations Act 2001 (Cth), the Retail Leases Act 2003 (Vic), the Fairwork Act 2009 (Cth), and the Taxation Administration Act 1953 (Cth), the Trademarks Act 1995 (Cth).

An area of focus as a commercial firm is the drafting and enforcement of Terms of Trade and other Business to Business Contracts. This includes the drafting (writing) of contracts such as sub-contractor agreements, contractor agreements, distribution agreements, and confidential non-disclosure agreements.

Read more about Company Secretary here.


Commercial Litigation

Commercial Litigation occurs when a breakdown between parties under commercial law results in litigation. Cogent Legal will then assist with the drafting statement of claims in the Magistrates’ Court of Writ in the County or Supreme Court if you are the plaintiff.  If you are the defendant, we will assist you in drafting and filing an appropriate defence based on your instruction and our knowledge.

Read more about court matters or suing another party here.


Commercial Leases and Retail Leases and disputes

Leases form the backbone of many business as without the location, the business may not operate. Cogent Legal assists in both the drafting of leases as well as advice for new businesses that are considering a retail or commercial lease.

Read more about Retail and Commercial Lease Advice


Sale of Business and drafting of Contract of Sale of Business

Cogent Legal assists in both the sale and purchase businesses, including small businesses and the contract and s52 requirements of a business sale under $450,000.


Drafting Loan Agreements

Employee loan agreements, loan agreements between private individuals, loan agreements between companies and loan agreements between family members all require appropriate thought and consideration to the specific situation and parties involved.


Trademark or Intellectual Property

Ask Cogent Legal for advice if you believe someone else is using your good name, image or goodwill with their business. We provide advice on questions concerning Trademark Law or the tort of Passing Off.

Read more about Trademark, Intellectual Property or Brand Protection


Dispute Resolution


Partnership Agreements and Shareholder Agreements

Whether you are a Partnership as under the Partnership Act 1958 (Vic) or a shareholder of a Proprietary Company, then we will assist you in crafting an appropriate agreement to protect your interests as well as the health of the relationship by drafting an agreement that will encompass many possibilities and help prevent conflict and potential litigation (which may destroy the underlying business).


Employment Law and representation with the Fair Work Ombudsman

From unfair dismissal provisions to general protections claims, contact Cogent Legal provides advice to employers and employees on Fair Work Claims.

For employers, a well drafted employment agreement may prevent employment claims from arising in the first place; ask us to assist you with employment agreements.

Please contact us now to have a free initial discussion.


Franchise Law

We will assist you with navigation of the Franchise Act and Regulations in creation of a new franchise and franchise agreement. Additionally, we represent franchisors and franchisees in franchise disputes. See the related article here.