Commercial

Jim McCarthy Lawyers aims to provide a “one-stop-shop” to small and medium size businesses in the range of commercial issues which confront business owners on a daily basis.

Commercial Services

• Sale of Business: sale or purchase of assets or shares, due diligence, restraints of trade, employement issues.
• Commercial Agreements: shareholder agreements, partnership deeds, franchises, joint ventures, confidentiality agreements.
• Commercial Structuring: partnerships, company and subsidiary arrangements, roll-overs, family trusts.
• Tax Advice: income tax including CGT, duties and stamp acts (all jurisdictions), GST, land tax, payroll tax and FBT.
• Franchising Advice: Franchise Code compliance, franchise agreements and disclosure statements, franchisee advice, franchise termination.
• Employment and Workplace Relations Advice: employment contracts, independent contractor agreements, termination requirements, Australian Industrial Relations Commission proceedings.
• Intellectual Property Advice: trademark searches and applications, licence agreements, IP assignments, copyright advice.
• Technology and Telecommunications Law: internet and domain name protection, ‘click-wrap’ agreements, terms and conditions, privacy statements.

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Property Law

• Property Development: advise and assist in all stages: acquisition, planning, finance, construction, contract drafting and conveyancing.
• Leasing and Tenancy Law: including advising on retail and residential tenancies legislation.
• Off-the-Plan Purchases: extensive experience in acting for vendors and purchasers.
• Domestic Conveyancing: vendor and purchaser.
• Planning applications and subdivision.
• Experience in commercial, industrial, residential, and retail properties.
• Capital gains tax, stamp duty, GST advice and structuring.
• Environmental and planning issues.
• Liquor Licensing.

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Commercial Litigation

Jim McCarthy Lawyers has a thriving civil litigation practice with matters currently active in almost all Victorian and Federal jurisdictions.  We act for our clients as both plaintiff or defendant and have an extensive network of barristers, mediators and independent experts in support.

Commercial Litigation Services

• Debt recovery.
• Defending creditor actions.
• Breach of commercial agreements.
• Employment disputes.
• Property and leasing disputes.
• Successful actions at VCAT, Australian Industrial Relations Commission, Magistrates’ Court, County Court, Supreme Court, Federal Magistrates’ Court and Federal Court.
• Alternative dispute resolution including mediation services.
• Strategically manage the process to maximize commercial resolution favourable to client.

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Personal Law

A unique aspect of Jim McCarthy Lawyers' practice is our ability to provide advice and support to private individuals in an affordable manner.  For this reason, many of the directors and senior managers of our larger commercial clients utilise our services for their own personal legal requirements.  We also have a strong local presence and hold in our fireproof Deeds Safe over 3000 Wills, Certificates of Titles, Powers of Attorney and other important legal documents.

Personal Law Services

• Wealth Protection.
• Estate Planning.
• Mortgage and Reverse Mortgage advice.
• Superannuation.
• Family Trust and Company Structures.
• Tax Advice.

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Wills, Probate and Estate Planning

• Wills and Powers of Attorney.
• Tax and Estate Planning.
• Creation of family and discretionary trusts.
• Probate applications and administration of deceased estates.
• Storage of Wills, Probate Parchments and other important documents or items in fireproof document storage safe.
• Executor Services.

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