HP Legal is a dynamic law firm conveniently located in the Sydney CBD. We offer a wide range of services to business and individual clients. Noted for an innovative and forward thinking approach our team of experts work hard to ensure we achieve the best outcomes for you.
Although our legal system is complicated and there are ever present challenges in conducting business, our approach is definite and unwavering – your best interests are at the forefront of everything we do. We take the time to understand your business and tailor our services to fulfil your needs.
Most legal decisions have commercial consequences. That is, there is a risk of substantial monetary cost or loss hinging on the outcomes of a legal dispute or transaction. At HP Legal we pride ourselves on applying commercial sense to a legal problem. We believe the best legal decisions are made when business implications are carefully considered. Our team also takes the time to advise you in advance of the potential ramifications of the agreement or arrangement you are entering in to.
Legal issues and transactions can be overwhelming. Our team can remove the complexity and explain how the law specifically applies to your matter. This involves a thorough examination of relevant legislation and precedents and understanding how this relates to the specifics of your matter. This is followed by a detailed evaluation of potential outcomes and scenarios. Armed with this knowledge we assess the commercial implication of each available path. At this point an optimal and informed decision can be made. This determined and result driven approach is what separates HP Legal from the pack. You can always rest assured that we are focused on securing the best possible result for you and your business.
Tax law forms the basis of our taxation system. There are constant calls for tax reform as governments face the challenges of budget deficits brought about by revenue shortfalls and mounting expenditure. Increased globalisation brings its own challenges as multinational organisations seek to circumvent local tax laws in order to minimise taxes.
Companies are increasingly seeking to eliminate tax risk. Our tax law specialists are at the forefront of the industry. We advise businesses and professionals on both simple and complicated tax law matters. This applies to the entire tax cycle from planning and compliance through to assessment.
Australia has a very complicated tax system. Compliance and reporting requirements are very difficult to understand let alone implement. Too often businesses are unfairly hit with an increased tax burden due to incorrect application of tax laws. Our talented team of tax law experts work hard to ensure the taxation impact on your business is minimised.
Do you have undocumented agreements or loans with another party? Such arrangements may not be sufficiently binding and may not offer appropriate protection in the event of a default or dispute. There are an array of agreements designed to safeguard your interests. These include, loan agreements, guarantees, deeds, contracts and powers of attorney.
In the normal course of trading, business owners and investors are required to make commitments, enter in to arrangements and negotiate contractual terms. Our legal advisors have the knowledge and experience to ensure you are not subjected to an oppressive agreement that places you in an unnecessarily precarious position.
Our team is on hand to conduct negotiations on your behalf and ensure you are aware of conditions and protections that can protect you from costly litigation in the event of a dispute. This includes ensuring agreements include mitigating mechanisms to eliminate or reduce any potential monetary fallout when things don’t go to plan. It’s all part of our commitment to incorporate commercial sense in to legally binding arrangements.
Much like a property purchase, a business purchase requires careful and thorough consideration. For most, it is the largest purchasing decision to be made in life. With your fortunes hinging on such a purchase it makes sense to consult an expert to guide you through the entire process.
Are you acquiring a business in order to become your own boss? Are you buying to increase market share and grow your existing business? Is it in order to take over a competitor or an opportunity to diversify your income stream? Are you considering a strategic merger?
Buying, selling or merging a business requires careful planning. In order to achieve the required outcome detailed analysis and due diligence is essential. This includes comprehensively understanding the risks and breaking down the numbers. It is also essential to factor in potential stamp duty implications. Our team will ensure you make informed decisions and will be there to guide you every step of the way.
Most businesses rely on a commercial lease. That is, without the lease, the business would either cease to prosper or at worst, exist. Therefore when you buy a business you are also investing in a lease. Most leases have set durations and conditions that may prove very costly. It is therefore extremely important to be fully aware of what you will be inheriting.
Our team has advised many businesses and individuals through what can be a very exhausting business purchase or sale. This ranges from a small retail business through to entire franchise networks and multinational businesses. We have the experience to identify and address the many potential pitfalls of business sales. Our team is on hand to assist you through the entire process.
The modern economy is reliant on an effective banking and finance industry. Businesses and individuals rely on debt financing in order to fund operations and expansion, purchase of commercial and residential and industrial property, and the funding of business equipment and assets amongst other items. Such funding and financing operations require a particular type of lending agreement depending on the transaction.
The negotiation of financing terms requires particular attention and scrutiny as non-compliance or default can trigger action that places your assets in jeopardy and also severely limit your ability to obtain financing in the future. From a lenders perspective, a comprehensive and binding agreement is essential to safeguard your funds.
Our team has extensive experience and knowledge in the area of finance and banking. We can:
Many businesses become so focused on revenue growth and wealth creation that they don’t pay the necessary attention to asset protection. It is often not considered until a legal or financial dispute arises.
At the very least most of us would like to take steps to ensure our family home is not at risk as a result of our business activities. This does not need to involve elaborate and complex structures. However it does require planning and appropriate execution that will withstand scrutiny if challenged.
Businesses usually apply a rigorous selection criteria when purchasing assets such as property or equipment. It’s just as important to consider how the asset is acquired and the structure used to hold it. Our team of professionals can offer expert guidance on asset protection and assist with structures, agreements and contracts relating to asset acquisition. We can also assist in re-organising an existing arrangement that jeopardises asset security.
Businesses work hard to establish and add value to intellectual property. It makes sense to take the necessary action to protect and therefore maximize the value and benefit of intellectual property. Failure to do can result in lengthy and costly legal proceedings just to re-establish ownership of your intellectual property assets.
Copyright, patents and trademarks are available protection tools. In the event of a dispute it is imperative that these tools are enforceable.
Our team of experts can advise you on the appropriate forms of protection and assist in the implementation of the suitable measures. Such measures will serve to ensure your rights are protected and enforceable.
HP Legal has built a strong reputation as a skilled advisor on corporate transactions.
Joint venture arrangements, entity governance & compliance, mergers & acquisitions
A dispute with the ATO does not need to result in costly and uncertain litigation. Our team deals with the ATO on a regular basis and has established a comprehensive understanding of the objection and dispute resolution process.
An audit can often result in adverse findings and the issuing of substantial tax assessments, penalties and interest. Our team can prepare and lodge an objection and deal with the ATO through the entire process on your behalf. A successful objection can result in a reversal of an adverse assessment or a reduction in tax, penalties and interest.
In some instances the ATO may instigate criminal charges as a result of an audit or investigation. In these instances it is imperative that you be aware of your rights and obligations. Our tax law experts have extensive experience in this area.
The OSR has been particularly busy with audits, especially in the area of payroll tax. The OSR has been very successful with the application of grouping provisions. This occurs when multiple businesses are grouped together for payroll tax purposes resulting in a single threshold deduction and mutual liability for any payroll tax debts.
A tax dispute can be a costly and distressing experience. The outcome can also have ramifications for your business. It is therefore crucial to have appropriate representation with extensive experience, comprehensive tax law knowledge and a thorough understanding of ATO processes.
Our team of tax law experts has in depth experience dealing with tax disputes. Rest assured we will work hard to ensure you receive a fair and just outcome.
Are you considering selling or buying a property? If so, there are a minefield of issues that need considering. Our team can address both the legal and commercial considerations of such transactions to ensure a positive outcome.
These days, there are a variety of ways to structure property purchases. For example delayed settlements are useful when there is an expected timing issue preventing a standard 6 week settlement. Then there are a selection of “options” that are designed to add more flexible terms that may not be possible through a traditional contract for the sale of land. This includes put and call options which are particularly useful for developers who want to get moving on a development application without the burden of substantial holding costs. These agreements also minimise risk by allowing purchasers the option of not proceeding with a purchase when things don’t go according to plan.
Before acquiring or selling assets including property it is important to discuss your plans with one of our advisors. What is the purpose of the purchase? What structure is best suited for the purchase? What are the tax consequences now and in the future? Is GST applicable? Is there a stamp duty implication? These are only a few of the questions that need to be answered before acquiring or disposing of an asset.
Our experienced team assisted buyers and sellers execute property transactions that range from straight forward sales and off the plan purchases through to complex multi-partner and condition loaded property deals that involve state government and local councils. Our clients include owner occupiers, investors, property developers, joint venture partners, shopping centres and commercial/industrial operators.
All contracts and agreements to purchase property come with obligations and responsibilities that are covered by laws designed to protect both buyers and sellers. It is crucial that you fully understand what you are committing to prior to signing a contract. Speak to one of our experts before taking a course of action that can have costly and unplanned consequences.
Prolonged difficult trading conditions that result in mounting losses can have a devastating effect on a business. As can the sudden loss of contracts, the collapse of a major trading partner or bad debt write-offs. Such issues can affect a business’s ability to meet its obligations and continue trading. In these circumstances insolvency may need to be considered.
The insolvency industry is unique and it is important to understand the short and long term consequences of choosing this path. Our team has in-depth experience in guiding individuals and companies through the often traumatic process of administration, liquidation or bankruptcy. We will assist you though the entire process and deal with insolvency practitioners, creditors, the ATO and other statutory bodies on your behalf.
Your business structure is the very foundation of your enterprise. Careful thought and consideration needs to be given to your ambitions in order to ensure your proposed business structure can effectively accommodate your goals.
There are many ways to conduct your business. Is a company structure ideal? When is a discretionary or family trust suitable? What are the benefits of a unit trust? Will a combination of the various structures offer the ultimate path forward? We offer our clients industry leading structuring advice that considers statutory and industry compliance, asset protection, effective tax planning and operational flexibility and efficiency.
There are also times when an entity requires a structure or operational reorganisation. This could be as a result of changes in your circumstances, business environment, operational requirements or business growth. Perhaps you are bringing in investors, partially selling off a portion of your business or dealing with economic downturns. This requires expert advice and implementation.
Each structure has differences in terms of tax and regulatory obligations. There are also operational and statutory limitations to consider. Transferring physical and non-physical assets between structures can trigger capital gains events and potentially attract a substantial stamp duty expense. If a restructure includes the introduction of new partners it is imperative to ensure binding business agreements are put in place. Our advisors has assisted many businesses structure and restructure their operations. If you require some advice in this area please contact our team.
Australian business has experienced an increased focus on good corporate governance. Company officers have a broad range of responsibilities and duties as detailed in the Corporations Act. These responsibilities include the exercise of care and diligence, acting in good faith, complying with statutory duties and ensuring the best interests of shareholders are considered.
When dealing with corporate and regulatory issues shareholder rights and director duties need to be carefully considered. If an adverse event affects an entity the roles and actions of company officers are put under the spotlight. It is therefore important to understand your obligations. Our team is on hand to provide guidance and advice as needed.