Buying and Selling a Business in Australia
Buying and selling businesses in Australia requires an understanding of the complexities of licensing, intellectual property, leasing, employment, financial services and other laws.  We have that expertise. 

If you have any questions, please ask us below.  Here are some we've been asked before.

Buying a business

"Should I use a company to buy the business?"

Answer: The choice of how a business structure is established has profound ramifications. There are times when a company is not an appropriate structure and indeed occasions when a person should own assets in their own name. The choice should be made after considering the full range of relevant issues.

Selling a business

"Should I sack my employees before the business is sold?"

Answer: Unless the issue of employees is handled correctly, a vendor of a business runs the risk of unfair dismissal claims, incurring redundancy pay or even the rescission of the sale agreement by the purchaser. It is difficult to generalise given the range of circumstances, but usually a vendor should ensure that the purchaser is required to offer employees a job as part of the sale of the business to avoid the obligation to make redundancy payments. Some issues such as accrued long service leave and annual leave will be adjusted between the vendor and the purchaser if the purchaser offers the staff continued employment. Other entitlements, such as sick leave, end on the change of employers. Others, such as long service leave for staff with less than ten years service are determined by agreement. There are also potential issues arising from the need for a business to be sold as a "going concern" to obtain GST relief that can impact upon this question.

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