Commercial & Business
- Commercial & Business
Our Commercial and Business team is dedicated to getting the best outcome for you. The quality of advice and service you receive can mean the difference between success and failure and give you an edge over your competitors.
Our lawyers are results driven, have business acumen and understand that there is a practical side – not just the legal considerations. We listen to our clients and get deals across the line. Our passion is to partner with businesses and investors to build their portfolio and profits!
We offer specialist legal advice in this field (the only practice in Mackay with an Accredited Business Law Specialist). Our experience and expertise means we can assist clients of all sizes with day-to-day business issues, transactions, compliance and structures right through to the most complex commercial matters.
We can assist you with all your business, commercial and corporate law requirements, including:
- Contracts and Agreements
- Business/Share Sales and Purchases
- PPSA registrations and advice
- Intellectual Property
- Company setups and corporate law
- Business structuring
- Business disputes
Our lawyers are part of the business community, with our team members holding roles such as co-ordinator of YP Mackay Inc (Young Professionals), Management Committee member for Mackay Region Chamber of Commercial and Honorary Lawyer for Resource Industry Network.
We have the strength, expertise and resources of a big top-tier practice, with the heart and soul of a small practice. We love looking after our large ASX listed corporations and local governments right through to our mum and dad investors.
Our unique focus…is you.
“Mark, when my brother recommended you he really set me on the right path…from the time Mum and I walked in for the first appointment, I felt confident and at ease that you would take care of things in a professional manner with integrity and concern for me and you didn’t disappoint. I would like to recommend you to my friends and family as well…you all have done a great job” – M, Moranbah
“Suzanne, I am pretty sure that if it was in anyone's hands but yours it would not have happened, so our client is well in front by making the decision to engage you to handle the matter.” Client's accountant, Mackay
“Thanks for everything Misty, I'm finally able to get in there and start sorting things out! Cheers again for all the persistence, I am really happy with the outcome!” M, Mackay
“I was extremely happy with the prompt service, the level of expertise, and the complete dedication I received from Suzanne Brown. She went well above and beyond to get my deal across the line by the required deadline. She was more pro-active, energetic and informative than any other solicitor I've ever dealt with. Suzanne has won herself a life long client in me”. T, Mt Pleasant.
“As usual, Mark has provided timely and practical advice. This allowed me to make a quick business decision and secure a vital contract for my business. Much appreciated. Choosing Mark and McKays Solicitors as our legal advisors all those years ago is one of those business decisions that I’ve never regretted making.” V, Mount Pleasant
When starting a new company, take the time to consider and prepare a detailed Shareholders Agreement as it can help to avoid costly problems in the future. Usually directors and shareholders of a company begin with a shared vision of their new business, however views often change over time. ..
We have provided numerous articles (/publications) on the Personal Property Securities Act (“PPSA”) and its importance in protecting your assets and taking and perfecting security over other assets. One of the key components of the PPSA is a 24/7 online Register where you can register and p..
A recent Full Federal Court decision in WorkPac Pty Ltd v Skene  FCAFC 131 will have a significant impact on casual employment. The Court decided that a worker who was supplied through a labour hire company as a casual truck driver to a mine in Queensland was not in fact a casual emplo..
Owners of private and local government buildings in the Mackay region must meet new state-wide obligations to undertake a mandatory three stage process to identify if a building has ‘combustible cladding’. Under the new process, if a building is found to have combustible cladding, owners mus..
Beware when signing Form 15 – you may be personally liable In a recent case the Queensland Court of Appeal held an engineer personally liable for signing an incorrect Form 15 (compliance certificate for building design or specification). The exact damages payable are yet to be decided but co..
Can I terminate the lease if my tenant of my Commercial or Industrial Property goes into Administration or Receivership? Most leases have clauses which makes it an event of default and grounds to terminate the lease if certain insolvency events occur, like the tenant entering into administra..
Do you have a well drafted Force Majeure clause in your contracts? If not, then you are taking a massive risk… ‘Force Majeure’ is French, meaning “superior force”. In a Contract, such a clause allows a party to suspend or terminate performance of their obligations when certain ci..
The coming family and domestic violence leave is a new entitlement your business will likely have to manage
The Fair Work Commission will include family and domestic violence leave into almost all modern awards. The details are currently being finalised. Why? Some employers may ask why, when they are trying to operate a commercial business, they are expected to share responsibility for this s..
Do you lease equipment (either formally or informally) to clients and friends? What about that cement mixer or excavator you let your mate borrow over a year ago? If yes, you need to consider the Personal Property and Securities Register (“PPSR”) to ensure you are able to get your equipment..
Legislation relating to unfair contract terms for small businesses has, to date, generally been untested. However, a recent case against waste management solutions company, JJ Richards and Sons, shows these laws have real ‘teeth’, with eight terms of a contract being deemed unfair and unenforcea..
The region’s METS sector is known for its great innovation to improve productivity and sustainability. In fact, many local businesses have registered patents to protect their ideas. The Australian Patent Office is currently receiving 30,000 standard patent applications each year. There h..
If you get work from your good local reputation or the web, don’t be surprised if a competitor is using the internet to covertly steal your work and in the process, potentially damaging your reputation. In the last two months McKays has had 3 contractor clients seek advice about unlawful int..
Want to improve your Google ranking? You need to be careful how you, and your web designer, go about this or you could find yourself in a Federal Court case such as the one below… One of the strategies used by businesses and their website designers to improve their ranking in interne..
From time to time, for various reasons, you or your clients may wish to change the trustee of a trust. When this occurs, all the trust assets held in the name of the retiring trustee need to be transferred to the name of the new trustee. Sometimes, the trust assets may include one or more m..
Any business that leases goods, sells goods on consignment or on terms, or otherwise uses goods to secure debt, needs to be familiar with the Personal Property Securities Register (PPSR). On one hand, the PPSR seems easy to use – anyone can create an account and register their security..
PPSA Changes as to when you must register your hire arrangements. Failing to do so may result in you losing your assets if the hirer goes broke…
Personal Property Securities Amendment (PPS Leases) Act 2017 (“Amendment”) which amends the Personal Property Securities Act (“PPSA”) was assented to today so the following changes will be in effect from tomorrow. What does this mean? Since the PPSA came into effect on 30 January 2012,..
This article highlights how important it is to correctly register your rights over your own property when hiring out equipment on the Personal Properties Security Register (PPSR). Near enough is not good enough and ownership is no longer King under the Personal Properties Securities Act 2009 (Ct..
You recognise the value in the name of your business as well as your logo, client list, etc. What have you done to protect it? We have had a number of clients recently who have not paid enough attention to their intellectual property (“IP”) and this has landed them in some sticky situation..
If you are setting up a new business or reviewing your day to day practices for an existing business, it’s important not to forget to update your terms and conditions or terms of trade. Many businesses that supply goods or services rely heavily on their terms and conditions as the first port..
Happy New Year from the team at McKays! Now that the silly season has passed, it is time to get down to business and put in place goals for a successful 2017. The New Year is a great time to reflect on the year gone by, but also plan for the year(s) ahead. Here are our top legal tips..
Australia’s foreign resident capital gains withholding regime came into effect as a response to the increased pressures of low tax compliance of foreign residents. The new framework applies to buyers of specific Australian property sold by foreign resident sellers. The withholding regime app..
In just over 8 weeks, amendments to the Australian Consumer Law will take affect and will open the field for certain contractual terms to be challenged by parties negatively affected by standard form contracts or if a party to the contract is a small business. What contracts does this apply..
Going into partnership can be an exciting time! Before you or your clients rush in, here are a few essential questions to ask yourself. 1. Do you have the right structure? People often loosely use the word “partnership” but, as you may know, there are various structures available to people..