Our Services

Whatever type of business you own and operate, the team at JMC Lawyers have the experience you need to help navigate commercial law matters. If you’re looking for advice on the formation, management and conduct of a company, including reorganisation and restructuring, shareholder rights, mergers, and acquisitions, we’re here to help.

Sale and Purchase of Business

Thinking of buying or selling a business? We can guide you through the entire transaction process and assist with negotiations, preparation of contracts and business sale agreements, transfer of licenses and leases, registration with regulatory bodies and more.

Commercial Leasing

Commercial leases are more complicated than residential leases as the terms can vary significantly from lease to lease. If you’re the landlord, we can prepare the leasing paperwork for your commercial property. Or if you’re a tenant considering signing a commercial lease, we can help you to understand the agreement and ensure you are prepared to meet all the terms and conditions.

Transfer of Lease

There are several different circumstances that might require you to transfer a commercial lease. Most commonly, it will be when you buy or sell a business that is operating from premises that are leased, or if one or more of the business owners is leaving the business. We can help ensure the commercial lease transfer process goes smoothly.

Independent legal advice to Guarantors

There are some very important considerations that must apply when a guarantee is contemplated for a loan or credit for a company, person, or other legal entity. Because of the serious nature of a guarantee, independent legal advice is usually required. We can help you understand the risks and benefits, and terms and conditions, as well as providing all necessary Legal Practitioner Certificates. We can also assist you through the process of discharging a guarantee.
 

Business Loans

Sometimes referred to as a ‘commercial mortgage’ or a ‘business mortgage loan’, business loans are designed for individuals and companies purchasing or re-mortgaging a property to be used as a business premises. As with a home mortgage, a business mortgage is a large financial commitment, and we’re here to assist you with reviewing all the legal details in your mortgage documentation.

Shareholders Agreements

Planning on building a business with two or more shareholders? We can help prepare a shareholder agreement, detailing the management and control of the business and responsibilities of each of the co-owners, as well as the rights and obligations of co-owners in the event of a dispute or proposed sale of their interest in the business.

Planning ahead is one of the best ways to make sure your wishes are carried out upon your passing. Estate planning is an overarching strategy that covers not only your Will but also other important documents recording choices such as who will have authority over your financial and health decisions should you not be in a position to decide these things yourself. At JMC Lawyers we can help you to prepare a comprehensive estate plan that best represents your wishes.

Wills

A properly drafted, up-to-date legal Will is the best way to ensure that the people you love most and the causes you care about are taken care of after you leave. It's a way for you to communicate exactly how you want your estate to be distributed. We can help you write a Will that adequately expresses your wishes and is valid according to Australian law.

General Power of Attorney

Under a General Power of Attorney, you appoint someone else with the power to make financial and/or personal decisions on your behalf for specific matters or a limited period of time. This can be useful if, for example, you are overseas and unable to easily manage your affairs at home. At JMC Lawyers we can help prepare a General Power of Attorney specific to your needs.

Enduring Powers of Attorney

Under an Enduring Power of Attorney, you authorise a person (or persons) to make financial and/or personal decisions on your behalf, often in the event of incapacity due to stroke, dementia, or debilitating accident. At JMC Lawyers we can help prepare the necessary documentation covering how you want to be cared for - medically and financially – in the event that you can no longer do so yourself.

Appointment of Medical Treatment Decision Maker

Unlike a General or Enduring Power of Attorney, a Medical Power of Attorney allows someone to make medical decisions only, in the event you ever become unable to do so yourself. If you would like to appoint a Medical Treatment Decision Maker, we can prepare the required documentation to ensure any health-related decisions made on your behalf are in line with your wishes.
 

Binding Death Benefit Nominations

As superannuation is not an estate asset, it will not automatically flow to your estate and must be dealt with separately from the wishes recorded in your Will. A binding death benefit nomination is a legal nomination that allows you to record who is to receive your superannuation benefit in the event of your passing.
 

Dealing with a deceased estate can be challenging both legally and emotionally. At JMC Lawyers we’re experts in managing probate applications and compassionately handling other legal requirements in the event of someone’s passing. Whether you are an executor of a will or a beneficiary of an estate, we can support you through all aspects of the probate process, from identifying estate assets and beneficiaries, to distributing assets and inheritances.

Grant of Probate

A grant of probate is a legal document that authorises an executor (or executors) to manage the estate of a deceased person in accordance with the provisions of the deceased's Will. The probate process can be a complicated one, especially if you’ve never filed legal paperwork or been to court before. We’re here to help.

Letters of Administration

Letters of administration are issued by the Court in the event that there is no Will, or there is a Will but no Executor. Letters of administration allow the Court to appoint a beneficiary (or other appropriate person) to manage and distribute a deceased's assets. Applying for Letters of Administration can be a complex process, and one the JMC Lawyers can help you navigate.

Application by Surviving Proprietor

In the event that one of the joint proprietors of a property passes away, an application by the surviving proprietor must be made to remove the name of the deceased from the property title. Although there may be complicated legal issues at play, an application by the surviving proprietor can be made a smooth process with the assistance of legal conveyancing services from JMC Lawyers.

Application by Legal Personal Representative

A legal personal representative is someone responsible for attending to various tasks on behalf of the estate, authorised to do so through the grant of probate or letters of administration. One of those tasks is often to deal with property which requires an application to the Land Titles Office. As with other applications in this area, it can be an intricate process, which JMC Lawyers can guide you through.