Commercial & Property Law

Our team of property and business lawyers have extensive experience across a wide range of matters. Our broad range of expertise in these fields allows us to offer an informed, practical and comprehensive service tailored to our client’s particular needs.

As a client of Petherick Cottrell, you will be benefited by our wealth of knowledge and professional experience as we protect and actively advance your interests in all areas of law.

Why choose Petherick Cottrell as your lawyer?

  • The team at Petherick Cottrell is made up of lawyers who have significant experience in top tier law firms meaning we can provide top level, quality advice at local, competitive prices;

  • All of our lawyers are based in Mandurah, meaning you do not need to go to Perth (or pay Perth-level fees) for quality legal advice;

  • Our experience means that no matter is too hard or complex;

  • Our lawyers are friendly, approachable and professional. 

Commercial &
Property Law

Property Law

Property Law

Buying or selling a residential or commercial property is a big decision and a significant matter for most people. Petherick Cottrell offers you our many years of experience in property law across the Peel Region and have represented both buyers and sellers of property for all legal types of matters. This brings peace of mind to our clients.

Our solicitors can offer assistance with property law in the following ways:

  • Help you fully understand the issues involved in purchasing or selling property in Australia

  • Assistance with buying or selling at public auction/private treaty

  • Information about the costs involved (including stamp duty)

  • Advice for your Contract for Sale

  • Advice in regard to the ‘cooling off period’

  • Negotiating terms and conditions for the sale or purchase of property

  • Advice in regard to sale or purchase of vacant land, units, strata and community title, rural land and purchases ‘off the plan’

  • Advice for meeting lender requirements

  • Arrange title searches and land enquiries

  • Help you with settlement and exchange

  • Help with the legal requirements for subdivisions and property developments

  • Advice in regard to building contracts

  • Advice and negotiation in regard to neighbourhood disputes including dividing fence disputes

  • Representation in dispute resolution and at Court

Business Purchase/Sale

Petherick Cottrell’s business lawyers have the necessary skills and experience to advise you on the purchase or sale of a business.

 

We can assist you with business types including companies, partnerships, and trusts. Each party to a sale or purchase of a business transaction should be independently advised by a lawyer and an accountant.

 

Our experienced team can help with the following:

  • Business structures

  • Contracts

  • Lease terms

  • Put and Call options

  • Goodwill and valuation of business assets

  • Tax considerations

  • Liaison with financial institutions

  • Transfers of liquor licences and poker machine entitlements

  • Transfers of equipment licences

  • Franchising agreements

  • Arranging due diligence searches and inspections

  • Organising and attending settlement

Business Succession

Business Succession

A business succession plan outlines what will happen and who will take over your business when you leave, whether by choice or by circumstance. The aim is to provide the business with a smooth transition so that disruption is minimised. We understand that each business is different, but you will likely need to consider:

  • Ongoing income requirements

  • Future involvement in the company

  • Interested parties who will take over ownership/management

  • Personal family circumstances

  • Identifying and assessing potential successors

  • Minimising Capital Gains Tax, Stamp Duty and Income Tax for you and your family and remaining partners

  • Retirement income planning

  • Financial implications of business transfer

  • Contingency planning

  • Corporate structure issues

  • Business valuations

  • Exit strategy

 

These are complex issues, spanning legal, financial and management arenas. As a multidisciplinary law firm, we can help make sure you have covered all bases.

Building & Construction Law

Petherick Cottrell’s building and construction lawyers are industry experts with years of experience handling commercial, industrial, rural and domestic building disputes.

Our clients include builders, property developers, project managers, independent contractors and sub-contractors, building owners, property consultants and engineers among others. We work closely with architects and claims consultants to speed up the resolution process and can offer assistance with:

  • Pre-contractual drafting and contract review

  • Payment claims and debt recovery

  • Dispute resolution and/or Court appearances including litigation

  • Body corporate advice

  • Joint venture negotiation

  • Professional liability claims / insurance claims

  • Assistance interpreting and acting on the Home Building Act 1989

  • Risk management and building protection works

 

Petherick Cottrell can assist you with the entire building and construction process – from buying and selling property to settling disputes upon project completion.

Business & Commercial

Business & Commercial

Whether you are starting a business, buying a business, or selling a business, our team of business solicitors can help. We know Australian business laws through and through and have sound experience across many different industries. We offer practical legal solutions to individuals, small businesses and SMEs in the following areas:

  • Business structures. Partnerships, joint ventures, companies, trusts or franchise models.

  • Business contracts. Our commercial lawyers can prepare or review all types of legal contracts including purchase or sale of business, Put and Call Options, franchise agreements, supply agreements, service agreements, distribution agreements, partnership agreements, commercial contracts. We’ll make sure that the contract terms and conditions are suitable for your business now and into the future and ensure that due diligence standards are met.

  • Commercial disputes and commercial litigation. Breach of contract, building and property disputes, debt recovery, copyright infringement, partnership disputes and corporations law.

  • Corporations law. Shareholders agreements, corporate governance, documenting company administrations.

  • Franchises. Franchise agreement and franchisor disclosure documents.

  • Copyright, trademarks and patents. Intellectual property rights, registering designs, patents and trademarks.

  • Property and leasing. Landlords/tenant retail and commercial leasing. Sale or purchase of commercial properties.

  • Commercial law and small business legal advice. We offer small business legal help in a wide range of matters including trade practices law and consumer law.

  • Workplace and employment: We can draw up or review employment contracts and workplace agreements as well as assist with disputes and unfair dismissals. We can also assist with occupational health and safety issues.

  • Bankruptcy and insolvency. Debt recovery including initial Letters of Demand through to Statement of Claim and Court Judgment.

  • Taxation and finance. Drafting and reviewing mortgages, guarantees, charges and other securities documentation as well as advise in regard to GST, Capital Gains and Land Tax.

  • Business succession and asset protection. We can work with your business and family to devise a plan that keeps your hard won assets safe through unit, discretionary and family trusts, Wills and/or Powers of Attorney.

Commercial & Corporate Law

Commercial & Corporate Law

The team at Petherick Cottrell has a wealth of experience in this area and can assist your business in the following specialist areas of commercial and corporate law:

  • Business start-up legal advice

  • Business structures (including partnerships, trusts and corporations)

  • Business name registration

  • Partnership and joint venture agreements

  • Buying and selling a business

  • Lease agreements

  • Guarantees and security documents

  • Bankruptcy and debt collection

  • Estate and succession planning

  • Advice in regard to business management and administration

  • Employment law including employment contracts, employee rights, unfair dismissal and confidentiality agreements

  • Administrative law

  • Copyright and intellectual property law

  • Advice on legislative requirements, including corporate structure, governance and compliance

  • Corporate and commercial litigation in Court

  • Advice in regard to tax law including capital gains tax

  • Advice for non-profit organisations and charities

  • Corporate mergers, acquisitions, joint ventures & sales

  • Lending agreements & the securities market

  • Employee share & option schemes

Retail & Commercial Leases

Retail & Commercial Leases

Petherick Cottrell can provide assistance with retail and commercial leases in a number of capacities. It is important to seek legal advice from our experienced commercial lawyers before entering a lease, as it has the potential of becoming a negative impact on your business’ cash flow at a later stage.

Our team has a wealth of experience in this area and can assist your business in the following specialist areas of retail and commercial lease law:

  • Drafting and reviewing retail and commercial leases

  • Negotiation for the terms of the lease (including rent, transfer options, duration, exit and renewal options)

  • Subletting of premises

  • Insurance advice and assistance identifying the most suitable business insurance opportunities

  • Possible dispute resolution