Skip to content

Starting a new Business in Melbourne? Consider these Legal Matters

2 years ago

569 words


Starting a business is great, however, there are many aspects to consider when starting a business. Depending on the nature of the business, you may want to consider hiring a contract lawyer in Melbourne or in general, a business lawyer. But before making that decision, let’s look at the various legal matters to consider.



Unfair Contracts – A Problem Can Be Solve With Contract Lawyer Melbourne!

If your business is dealing with many contracts, then it’s wise to consider hiring a Melbourne contract lawyer. However, if there are only a few contracts involved then you won’t need one constantly around. Regardless, you’ll want one if you are dealing with an unfair contract. As a small startup, your company is protected by the Australian Consumer Law when it comes to standard contracts.

These laws cover contracts that are renewed or that were entered into onto or after November 12, 2016 and also meet certain conditions. Those conditions being:

  • A small business is involved;
  • The contract is for supply of goods and services or a grant or interest in land; and
  • A certain amount of money is involved in the upfront payable price.

Some of the unfair terms to keep in mind when pursuing legal action for this are things like the terms being:

  • Enabling one party but not the other to avoid or limit obligations or terminate the contract;
  • Penalizing only one party but not any other party for breach or termination of the contract; and
  • Terms outlining that a party but not another can alter the terms of the contract freely.

There are many others too. Discover more about them here.



Hiring Litigation Lawyers Melbourne To Deal With Authorisation

This can also involve Melbourne contract lawyers and business lawyers as well and that is Authorisation. It’s a process that exempts businesses that may give rise to a breach of competition provisions of the act. Businesses can apply for authorisation from the ACCC (Australian Competition & Consumer Commission), but only in specific cases.

Some examples of conduct that can be authorised are examples of:

Collective bargaining – two (or more) companies coming together to negotiate terms and conditions with customers or suppliers.


Certain codes of conduct – provisions of a code that impose certain standards of behaviour on signatories. Examples are codes that restrict competition, require specific training, or impose sanctions for breaches of code.

Industry levels – agreements that impose levies on sales of certain products in which the funds are then allocated to funding development or research.

Certain joint ventures or alliances – things like supply agreements where a competitor will agree to buy supplies from the other party rather than produce the supplies themselves.

Read more about authorisation here.



Let Business Lawyers Melbourne Keep You From False Or Misleading Advertisement

You are also responsible for understanding what is appropriate when promoting your business. Talk to any Melbourne business lawyer and they should be able to tell you more about it. Generally speaking, an advertisement is misleading or false if you make bold claims about the value, effects, quality, or benefits of your goods or services when those aren’t the case. This also applies to individuals who are part of your business as spokespeople. Furthermore, the law also applies if you are passing off false testimonials as either an individual or as another business.


Leave a Reply

Your email address will not be published. Required fields are marked *