Supporting Your Business

Running a business involves navigating complex legal requirements at every stage. From choosing the right structure to drafting contracts and managing compliance, Lawmax provides clear, practical legal advice that helps your business succeed.

Our Commercial & Business Law Services

  • Business Structures – Advice on the most appropriate structure for your business (sole trader, partnership, company, trust)
  • Company Formation – Registration of companies and trusts, including constitution drafting
  • Commercial Contracts – Drafting, reviewing and negotiating contracts, supply agreements, and terms of trade
  • Business Purchases & Sales – Due diligence, contract negotiation and settlement of business acquisitions
  • Solicitor's Certificates & Independent Legal Advice – Certificates of independent legal advice for guarantors, reverse mortgages and SMSF loan documents, provided promptly by video or in person
  • Shareholder & Partnership Agreements – Agreements that protect all parties and set clear expectations
  • Commercial Leases – Review and negotiation of retail and commercial lease agreements
  • Corporate Governance – Board resolutions, company minutes and compliance documentation

Solicitor's Certificates & Independent Legal Advice

Banks and lenders routinely require a solicitor's certificate before they will accept a guarantee, approve a reverse mortgage, or settle certain loans. The certificate confirms that a qualified lawyer has explained the documents to you independently of the lender — so you understand exactly what you are signing, what could happen if things go wrong, and what alternatives you may have.

Lawmax provides independent legal advice and solicitor's certificates for:

  • Guarantors – parents guaranteeing a child's home loan, directors guaranteeing company borrowings, and family guarantee ("family pledge") arrangements
  • Reverse mortgages – equity-release loans for seniors, where lenders must ensure borrowers receive independent advice
  • SMSF loans – limited recourse borrowing arrangements and related guarantee documents for self-managed super funds
  • Binding financial agreements – the independent advice certificate each party requires for a BFA to be binding

Appointments are available quickly — usually within one to two business days — by video conference anywhere in Western Australia, or in person. We review the loan or guarantee documents beforehand, spend the session making sure you genuinely understand them, and issue the signed certificate the lender needs so your settlement isn't held up. Fixed fees apply — see our Fees page or start your matter through the Client Portal.

Fixed-Fee Options Available

Many of our commercial law services are available on a fixed-fee basis. Contact us for a tailored quote for your business needs.

Frequently Asked Questions

The best structure depends on your circumstances, including the nature of your business, number of owners, tax considerations and asset protection needs. Common options include sole trader, partnership, company (Pty Ltd) and trust. We can advise on the most suitable structure for your situation.

While verbal contracts can be legally binding, written contracts provide clear evidence of the agreed terms and significantly reduce the risk of disputes. For any significant business arrangement, a written contract is strongly recommended.

A guarantee can make you personally liable for someone else's debt — in serious cases, lenders can pursue your home or other assets. Courts have held guarantees unenforceable where the guarantor didn't understand them, so lenders now require a certificate from an independent lawyer confirming the documents were explained to you before you signed. The advice session is for your benefit: it's your opportunity to understand the risks and ask anything you like, with a lawyer acting only for you — not the bank.

Before purchasing a business, you should conduct thorough due diligence including reviewing financial records, existing contracts, employee entitlements, intellectual property, lease terms, licences and any outstanding liabilities. We can guide you through this process to help you make an informed decision.

Let's Talk Business

Contact us to discuss how we can support your business with practical, cost-effective legal advice.

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