Contracts, structures, shareholder arrangements and disputes for Gold Coast and Queensland businesses.
Most commercial problems have a legal dimension that was set in place well before anyone noticed it. The contract signed under time pressure three years ago. The company structure chosen because it was simple at the time. The shareholder arrangement that assumed the relationship would hold. These decisions shape what options are available later, and what they cost.
Fraser Lawyers acts for businesses on the Gold Coast and across Queensland on contracts, structures, shareholder and partnership arrangements, and commercial disputes. The work runs from drafting and reviewing ordinary commercial agreements through to representation in Queensland courts.
The standard form contract the other side sends you was written to protect the other side. That is not a criticism, it is simply what happens. Before you sign it, someone should read it with your position in mind.
Fraser Lawyers drafts, reviews and negotiates commercial agreements: supply and distribution arrangements, services contracts, licencing, terms and conditions, confidentiality, and the others that run a business from day to day.
The structure decision is easy to defer because the business needs to get moving. It becomes harder to change later, when the tax, liability, and succession consequences are already baked in.
Fraser Lawyers advises on structure for new businesses and restructure work where an existing arrangement no longer fits: sole trader, partnership, proprietary limited company, discretionary or unit trust, or a combination of these, with the transfer and stamp-duty considerations that follow a change.
A shareholder agreement is, in practical terms, a pre-nup for the business. The parties who resist having one are usually the same parties who later wish they had.
Fraser Lawyers drafts and reviews agreements that set out who owns what, how decisions are made, what triggers a buyout, and what happens when someone wants to leave, or cannot stay. Where an existing agreement no longer reflects how the business operates, we update it.
A commercial dispute is rarely just about the contract. By the time there is a formal dispute, the underlying relationship has usually broken down in a way the contract did not anticipate. Understanding what actually went wrong, not just which clause was breached, is where the file starts.
Fraser Lawyers acts on commercial disputes through negotiation, mediation, and litigation in the Queensland courts. Most matters settle before proceedings are issued. The firm runs files with that endpoint in mind and moves toward it efficiently. For matters subject to an arbitration clause, disputes are conducted under the Commercial Arbitration Act 2013 (Qld).
The foundation statute for companies in Australia. Governs incorporation, directors' duties, member rights, financial reporting, and external administration. Most company-level questions start here.
The national consumer-protection regime. Sets the rules on misleading or deceptive conduct, unconscionable conduct, unfair contract terms, consumer guarantees and product safety. Almost every consumer-facing contract sits within it.
Establishes the Personal Property Securities Register (PPSR) and the rules for taking and registering security interests in non-land collateral, from equipment leases to retention of title arrangements. Failure to register on time is one of the most common, and most expensive, mistakes in commercial work.
Sets the implied terms in contracts for the sale of goods in Queensland: title, description, fitness for purpose, merchantable quality. Operates alongside the Australian Consumer Law and continues to matter for business-to-business sales.
The procedural framework for civil litigation in the Magistrates Court, District Court and Supreme Court of Queensland. Sets out filing, service, pleadings, disclosure, applications, trial procedure and appeals.
Governs domestic commercial arbitration seated in Queensland. Where a contract has an arbitration clause, this Act dictates how the arbitration is conducted and how the award is enforced.
Governs how solicitors in Queensland may practice, including the requirement under section 308 to provide a written costs disclosure before any work begins. We comply with it on every engagement.
Founded by Blake Fraser. Twelve years of practice in eight areas, on the same Bundall address.
One office. Five minutes from Surfers Paradise. On-site parking. The lawyer running your file is the lawyer you spoke to.
Magistrates, District and Supreme Courts of Queensland; Federal Circuit and Family Court of Australia; QCAT.
Personal injury, commercial, conveyancing, criminal, family, property, traffic, wills and estates. Cross-referrals managed in-house.
Plain-English answers to the questions clients tend to ask. If your question is not here, call us.
Get in touchTemplates are written for nobody in particular, which is what makes them risky. They record an agreement in general terms, but the gaps and ambiguities only become visible once something has gone wrong and both parties are reading the document with different intentions in mind.
For a routine, low-value arrangement, a well-chosen template may be adequate. For anything that involves meaningful money, ongoing obligations, or a relationship you depend on, having a lawyer draft or at minimum review the contract before it is signed is almost always less expensive than addressing the consequences of a poorly drafted one.
These structures have different consequences for liability, tax, and succession, and the right choice depends on what the business does, who runs it, what risk it carries, and who is supposed to benefit from the income.
Sole trader and partnership are the simplest to establish but offer no separation between personal and business assets. A company creates a separate legal entity and its own tax rate, but requires ongoing ASIC compliance. A trust can distribute income flexibly but adds complexity to administration and financing. Fraser Lawyers works through this with you before any structure is set up, in plain language rather than by listing abstract features.
Either, but not both in the same transaction. Acting for both parties to a sale creates a conflict of interest under the Australian Solicitors’ Conduct Rules. Once Fraser Lawyers knows who you are and what role you occupy in the transaction, a conflict check is run before the file is opened.
The majority of commercial disputes are resolved through correspondence, negotiation or mediation without proceeding to court. That is worth knowing at the outset, because the way a file is run in the early stages shapes whether settlement is reached efficiently or expensively.
Where a matter does need to be issued, Fraser Lawyers runs files in the Queensland Magistrates Court, District Court and Supreme Court depending on the amount in dispute and the complexity. Where the dispute is subject to a contractual arbitration clause, the matter is conducted under the Commercial Arbitration Act 2013 (Qld).
ASIC registration of a standard proprietary limited company is typically completed within a business day. The drafting work that should accompany it takes longer: a shareholder agreement, company constitution, and trust deed each require proper instructions from the parties and time to reflect what they actually intend.
Fraser Lawyers provides a written timeframe and a costs estimate before drafting begins. The structure is worth doing once, properly.
Fees for the initial consultation are confirmed when you book. If the firm agrees to act, a written costs disclosure is provided as required by the Legal Profession Act 2007 (Qld), setting out the estimate, the basis on which fees are calculated, and any expected disbursements, before any work begins. There are no surprises about fees because the framework is in writing from the start.
A short call or email is usually enough to confirm whether the firm can act and what the next step involves. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217, and acts for businesses across the Gold Coast and Queensland.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.