_edited.png)
Commercial Documents & Advice
Set your business up for success, run your business smoothly
Every small business is a story of risk, resilience, and the belief that something great can grow from something small.
Getting the right legal documents in place is key to both starting strong and staying protected as your business grows. I provide clear, practical legal advice to ensure your agreements and policies are structured for success, enforceable, and aligned with your business goals.
From setting up your business structure to handling the legal side of day-to-day operations, I make sure your contracts, policies, and agreements work for you without unnecessary complexity.
Structuring & Set Up
Don't let your business be a castle of sand
Your business structure lays the foundation for everything that follows. Getting it right from the start makes future growth easier, protects your interests, and helps you avoid costly restructuring down the track.
I provide practical, strategic legal support to ensure your business is set up for success. From choosing the right structure to registering your company and drafting key agreements, I help you build a solid legal framework that supports your business now and into the future.
Structures
About
A flexible business structure with shared responsibility
A partnership is a business structure where two or more people or entities share ownership, management, and profits. Unlike a company, a partnership is not a separate legal entity, each partner is personally liable for the business’s debts and obligations.
While partnerships offer flexibility and simplicity, they come with risks, especially since one partner’s actions can legally bind the others. A well-drafted partnership agreement ensures roles, responsibilities, and decision-making are clearly defined, preventing disputes and protecting all partners involved.
Who?
Who should consider a partnership?
Small businesses or professionals operating together (e.g., law firms, medical practices, consultants).
Startups with multiple founders who want a simple ownership structure.
Family businesses where partners work together informally but need a clear legal structure.
Joint ventures between individuals or companies for a specific project.
What?
What defines a partnership?
Shared responsibility – Partners jointly own the business and share profits, losses, and liabilities.
Personal liability – Unlike a company, a partnership does not offer limited liability—each partner is responsible for the business’s debts.
Mutual authority – One partner’s actions can legally bind the entire partnership, making a partnership agreement essential.
No strict legal setup – Partnerships are easier to establish than companies but still require careful structuring.
When?
When should you consider a partnership?
When starting a small business with two or more owners.
When you want simplicity without the formalities of a company.
Before taking on shared financial commitments or legal obligations.
When a joint venture is needed for a specific project or investment.
Why?
Why is a partnership agreement important?
Without a formal agreement, default partnership laws apply, which may not reflect what partners actually intended. A partnership agreement should cover:
-
Roles, responsibilities, and authority of each partner.
-
Profit and loss sharing arrangements.
-
Decision-making processes.
-
What happens if a partner leaves, becomes unwell, or passes away.
-
How disputes will be resolved.
Worth Knowing
A partnership is not a separate legal entity
Unlike a company, a partnership is not a distinct legal entity. Partners are personally liable for the debts and obligations of the business.
One partner's actions can legally bind the others
A single partner can sign contracts or take on debts that legally bind all partners, making a well-drafted partnership agreement essential for limiting risk.
By default, a partnership ends if a partner leaves
By default, a partnership dissolves if a partner exits, unless the agreement allows for continuation with remaining partners.
Selling an interest in a partnership
A partner cannot sell their interest in the business without the consent of the other partners. If a partner tries to sell their share, the buyer only gets a right to profits, not control over the business.
Profit sharing and decision making should be clearly defined
Partnerships do not pay tax at a company rate, profits are distributed to partners, who declare them as personal income. This can be beneficial but also means partners are taxed on their share of profits, even if the money stays in the business.
About
Choosing, managing and running a company the right way
A company is a separate legal entity that offers limited liability, a clear structure for ownership and management, and greater flexibility for growth. While a company’s directors are responsible for running the business, its shareholders retain ownership and certain rights, including the ability to appoint and remove directors.
Setting up and running a company comes with legal requirements and key decisions that impact its structure, governance, and long-term success. I provide practical legal advice to help you choose the right structure, comply with legal obligations, and manage your company with confidence.
Who?
Who should consider a company?
-
Business owners looking for limited liability protection.
-
Startups, partnerships, or sole traders wanting to scale and attract investors.
-
Professionals or consultants wanting to operate through a company structure.
-
Existing businesses transitioning from a partnership or sole trader model.
What?
What does a company need to operate?
Directors to manage the business.
Shareholders to own the company and exercise voting rights.
A company constitution or replaceable rules to govern operations.
Company registration with ASIC, including decisions on:
Who will be the directors and shareholders?
Will the company have different share classes?
Does the business require a tailored constitution?
When?
When should you consider setting up a company?
When your business is growing and needs a stronger legal structure.
Before taking on partners, investors, or multiple stakeholders.
When seeking tax efficiencies or liability protection.
When transitioning from a sole trader or partnership model.
Why?
Why is a company structure important?
-
Limited liability – Shareholders and directors are generally not personally liable for company debts.
-
Easier to raise capital – Investors prefer companies due to clear share structures.
-
Stronger governance – A clear structure for decision-making and accountability.
-
Better long-term planning – Ownership and management can be separated, allowing for succession planning.
Worth Knowing
Things to keep in mind
Limited liability has limits
While a company structure protects personal assets in many cases, directors and shareholders may lose this protection if they provide personal guarantees, fail to meet ASIC obligations, or breach the Corporations Act.
Company execution rules matter
The Corporations Act sets out how companies must sign contracts and legal documents. If a company follows these rules, third parties can rely on the signatures as valid. If not, verifying authority is crucial to avoid disputes.
A constitution can override the replaceable rules
Companies can either adopt the replaceable rules in the Corporations Act or create a tailored constitution. A well-drafted constitution can customise decision-making, share rights, and governance to better suit the business.
-
About
Structuring, managing and understanding your trust responsibilities
A trust is a business or investment structure where one party (the trustee) holds assets on behalf of others (the beneficiaries). While the trustee is legally recorded as the asset owner, they must act in the best interests of the beneficiaries and manage the trust according to the terms set out in the trust deed.
Trusts offer flexibility and potential tax benefits, but they also come with strict legal obligations for trustees. Whether you are setting up a trust, becoming a trustee, or acquiring units in a unit trust, I provide clear, practical legal advice to help you make informed decisions and ensure compliance.
Who?
Who should consider a trust?
Business owners looking for tax-effective structures or asset protection.
Families using a family trust (discretionary trust) to manage income distribution.
Investors pooling funds through a unit trust.
Individuals or companies acting as trustees who need to understand their obligations.
What?
What are the different types of trusts?
Discretionary Trusts or Family Trusts
-
The trustee decides how income is distributed among beneficiaries.
-
Used for family wealth management and tax planning.
Unit Trusts
-
Beneficiaries own fixed units in the trust and receive income in proportion to their units.
-
Commonly used for investment structures and business partnerships.
Regardless of the type of trust, trustees have strict legal obligations. They must:
-
Act in good faith, honestly, and in the best interests of the beneficiaries.
-
Avoid conflicts of interest.
-
Manage trust assets according to the trust deed.
-
Keep proper financial records.
When?
When should you consider a trust?
When looking for a flexible way to distribute income.
When seeking asset protection from personal liabilities.
When pooling investments or managing shared business assets.
When planning family wealth distribution for tax purposes.
Why?
Why is it important to choose the right trust structure?
-
Trusts are not legal entities—the trustee is responsible for contracts and liabilities.
-
Different tax and legal obligations apply depending on the type of trust.
-
Foreign beneficiaries may impact land tax and duty obligations, particularly in NSW.
-
Mistakes in setup or compliance can result in unintended tax consequences or legal disputes.
Worth Knowing
Things to keep in mind
A trust is not a separate legal entity
Unlike a company, a trust itself does not own assets or enter contracts, the trustee does. This means the trustee’s personal assets may be at risk if the trust incurs liabilities.
Tax implications
In NSW, duty is payable when a trust is established, and transferring units in a unit trust may also attract duty. If any beneficiaries are foreign persons, additional land tax and duty may apply.
Foreign beneficiaries can trigger higher taxes
Discretionary trusts must carefully consider who qualifies as a beneficiary, as having foreign beneficiaries can significantly increase tax liabilities. A trust deed should be carefully structured to minimise unexpected tax consequences.
Documentation
About
Setting the rules for ownership, control and business growth
A shareholders agreement is critical for any business that uses a company structure and has multiple owners. While a company’s constitution provides a basic framework, a shareholders agreement sets out clear rules around ownership, decision-making, selling shares, and resolving disputes, ensuring stability as the business grows.
Without an agreement, disputes over control, profit distribution, or exits can quickly escalate. Shareholders may find themselves locked into a business they no longer want to be part of, struggling to sell their shares, or at risk of being diluted out. A well-structured shareholders agreement ensures that ownership remains fair, exits are well managed, and the business stays protected as it evolves.
Who?
Who should consider a shareholders agreement?
Any business operating as a company with multiple shareholders. This applies to:
Startups and small businesses with co-owners.
Family-owned businesses.
Companies with investors or silent partners.
What?
What does a Shareholders Agreement cover?
Each shareholder’s ownership percentage and voting rights.
How profits, losses, and dividends are distributed.
How decisions are made, including appointing directors.
What happens if a shareholder wants to sell their shares or exit the business.
Drag-along and tag-along clauses to protect majority and minority shareholders.
How disputes will be resolved.
When?
When should you consider a shareholders agreement?
A shareholders agreement should be in place as soon as a company has multiple owners. It is particularly important when:
A company is formed with two or more co-founders.
Investors or silent partners are involved.
There is a risk of future disagreements over ownership or control.
Why?
Why is a shareholders agreement important?
-
Prevents disputes by setting clear rules from the start.
-
Protects minority shareholders through tag-along clauses.
-
Allows for smooth company sales with drag-along clauses.
-
Ensures clear exit strategies if a shareholder wants to leave.
Worth Knowing
Shareholders have rights beyond just ownership
A company’s shareholders own the business but do not manage daily operations. However, their rights include voting on key decisions, appointing directors, and receiving dividends.
Tag-along and drag-along clauses protect shareholders
-
Tag-along clauses allow minority shareholders to sell their shares on the same terms as majority shareholders.
-
Drag-along clauses prevent minority shareholders from blocking a full sale of the company.
A shareholders agreement can override default laws
Without a shareholders agreement, default laws under the Corporations Act apply, which may not suit the company’s needs or protect individual shareholders.
About
Setting the ground rules for your business
Your business terms and conditions define how people engage with your business, setting out the rights, responsibilities, and expectations between you and your customers. Well-drafted terms can limit liability, reduce disputes, and ensure your business is legally protected.
Business terms and conditions should be clear, enforceable, and tailored to your operations. I provide expert legal advice to ensure your terms align with your business model, comply with Australian Consumer Law, and minimise legal risk. If you run an online business, I can also assist with website terms of use and privacy policies.
Who?
Who needs business terms and conditions?
Any business that sells products, provides services, or interacts with customers or clients should have clear terms and conditions. This applies to online businesses, service providers, retailers, wholesalers, and businesses with ongoing client relationships.
What?
What should business terms and conditions cover?
Your terms should clearly outline:
What you are selling – Products, services, digital content, or subscriptions.
Payment terms – Pricing, deposits, refunds, and late fees.
Delivery or service timeframes – When and how the product or service is provided.
Liability limitations – What happens if things go wrong, including disclaimers.
Dispute resolution – Steps to resolve issues before they escalate.
When?
When should you relay your business terms and conditions?
Your terms should be provided and agreed to before a transaction takes place. They can be:
Signed contracts – For service-based businesses, partnerships, or ongoing agreements.
Attached to invoices or order forms – Common for businesses that invoice for goods or services.
Click-to-accept online agreements – For e-commerce and digital services.
Displayed in-store – For physical businesses (e.g., signage about refund policies or conditions of entry).
Why?
Why are business terms and conditions important?
-
They set clear expectations – Avoid misunderstandings with customers.
-
They protect your business – Reduce liability and strengthen your legal position.
-
They help enforce your rights – If a customer disputes a charge or breaches the agreement, strong terms make it easier to take action.
-
They ensure compliance – Meet legal requirements, including Australian Consumer Law.
Worth Knowing
Things to keep in mind
Business terms and conditions can be simple or complex
Business terms and conditions (or terms of trade) can range from a short statement in an email or invoice to detailed contracts signed before goods or services are provided.
Your customers must accept your terms and conditions for them to be enforceable
A business must prove that customers were aware of and accepted the terms for them to be legally binding. Without this, enforcing them in a dispute can be difficult.
Ways to ensure your customers accept your terms and conditions
-
Online businesses: Using a "Click Accept" process before purchase.
-
Retail businesses: Displaying signage at entrances (e.g., "By entering this store, you agree to bag checks").
-
Service providers: Having customers sign and return documents or confirm acceptance by email.
Terms and conditions should cover more than just sales
Terms and conditions aren’t just for pricing and refunds. They can include liability waivers, customer obligations, disclaimers, and behavioural conditions (e.g., requiring customers to wear a mask to enter a premises).
Well-drafted terms and condition reduce legal risk
Clear, enforceable terms help businesses limit liability, clarify expectations, and prevent disputes before they arise. If an issue does occur, well-drafted terms make legal enforcement easier.
Day-to-Day Operations
Well-written, well-prepared, well-protected
Running a business means dealing with contracts, agreements, and financial arrangements on a daily basis. Whether you’re financing equipment, hiring independent contractors, selling shares, or engaging brand ambassadors, the right legal documents ensure clarity, compliance, and protection.
I provide practical, commercially focused legal advice to ensure your agreements are clear, enforceable, and structured to support your business operations and future growth.
About
Agreements are the backbone of every business
Every business runs on agreements (aka contracts). From supplier agreements and service contracts to agency deals and confidentiality deeds, commercial agreements define rights, responsibilities, and expectations between businesses, partners, and customers. Whether you're negotiating, drafting, or reviewing a contract, having the right legal support ensures your agreements are clear, enforceable, and aligned with your commercial goals.
I provide practical, strategic legal advice on a wide range of commercial contracts, helping businesses secure fair terms, manage risk, and achieve strong, commercially sound agreements.
%20(2)_edited.png)
Who?
Who needs agreements?
Business owners engaging with suppliers, customers, and service providers.
Companies and startups entering partnerships, licensing deals, or agency arrangements.
Anyone signing contracts where the terms impact their business operations or liability.
What?
What makes a strong agreement?
Clear, unambiguous terms that avoid disputes.
Well-defined obligations for all parties involved.
Risk management provisions, including liability limits.
Fair and practical terms that reflect real-world business needs.
Compliance with legal and regulatory requirements.
When?
When should you consider a partnership?
-
Before your business starts – Core agreements like supplier contracts and service terms should be drafted upfront to protect your business from day one.
-
Before signing anything – Get advice first to understand the risks and ensure the terms work for you.
-
When drafting key business agreements – Strong contracts prevent disputes and keep operations running smoothly.
-
When negotiating a major deal – Ensure terms are fair, enforceable, and commercially sound.
-
If a contract is unclear or one-sided – Identify risks and push for better terms before committing.
Why?
Why is it important to get your agreements right?
Protects your business interests – Ensures contracts work in your favour and minimise risk.
Prevents misunderstandings and disputes – Clearly defines expectations for both parties.
Gives you negotiating power – Understanding contract terms means you can push for fairer conditions.
Ensures compliance – Avoids legal pitfalls and meets industry-specific regulations.
Worth Knowing
Agreements don't have to be in writing to be enforceable, but you'll wish they were
An agreement can be legally binding even if made verbally, through email, or by conduct. However, verbal agreements can be hard to prove and enforce, so written contracts are always preferable.
Even if you aren't in a position to negotiate, understanding terms is key
Business owners often think they can’t negotiate supplier or service contracts, but even where negotiation is limited, knowing exactly what you’re signing up for is crucial.
Your core agreements require special attention
While you may have multiple contracts, the ones that define your relationship with customers and suppliers are often the most critical. These should be clear, fair, and aligned with your business goals.
Legal jargon shouldn't get in the way
Contracts don’t need to be filled with complex language to be effective. A well-drafted contract should be straightforward, easy to understand, and tailored to your business needs.
The right agreement can save you time, money and stresss
Disputes often arise because contracts are unclear, incomplete, or one-sided. Investing in a properly drafted agreement upfront can prevent costly problems down the track.
About
Structuring and securing financial arrangements
I assist both borrowers and lenders in documenting and securing loan agreements, ensuring the terms are clear, enforceable, and commercially sound. Whether you’re negotiating a loan, providing security, or signing a guarantee, I help you understand your obligations, protect your interests, and ensure compliance with legal requirements.
I prepare and review loan agreements, facility agreements, and security documents such as mortgages, guarantees, and personal property securities, and provide independent solicitor certificates where required.
Key consideration #01
Loan terms and repayments
Before signing a loan agreement, it's important to understand the total cost of borrowing, including:
-
The loan amount and repayment structure (weekly, monthly, lump sum).
-
Interest rates (fixed or variable) and how changes might affect repayments.
-
Any fees and charges, including penalties for late payments or early repayment.
-
The lender’s ability to call in the loan early under certain circumstances.
Key consideration #02
Security and risk
A secured loan requires the borrower to offer assets as security, such as real estate, vehicles, or business equipment. If the borrower defaults, the lender can seize and sell the secured asset to recover the debt.
Common types of security include:
-
Mortgages over real property.
-
Personal guarantees from directors or third parties.
-
Security interests over business assets (e.g., equipment, stock, intellectual property).
Key consideration #03
Personal guarantees - know the risks
A lender may require a personal guarantee, which means if the borrower (often a company) cannot repay the loan, the guarantor becomes personally liable. This can put personal assets at risk, including homes and savings.
Guarantees can sometimes be negotiated or limited, so legal advice is essential before signing.
Key consideration #04
Legal review of loan documents
Loan agreements are often drafted in favour of the lender, containing complex clauses and hidden risks.
A legal review can help:
-
Ensure key terms are clear and commercially fair.
-
Identify clauses that could increase costs or risks (e.g., excessive default interest or automatic extensions).
-
Advise on your rights and obligations, including any lender’s ability to alter terms unilaterally.
Key consideration #05
Independent solicitor's certificate
Lenders often require borrowers and guarantors to obtain independent legal advice before signing.
A solicitor’s certificate confirms that:
-
The borrower or guarantor fully understands the loan terms and risks.
-
They are not being coerced or pressured into signing.
-
They are aware of potential financial consequences, including personal liability.
-
About
The equipment you need without the upfront cost
Purchasing equipment outright isn’t always practical. Leasing or financing can free up cash flow while giving your business access to the tools, machinery, or vehicles it needs. Whether you’re leasing short-term, financing an eventual purchase, or structuring a hire-purchase arrangement, it’s important to understand your legal rights and obligations before signing an agreement.
I assist business owners, lessors, and lessees with drafting, reviewing, and negotiating equipment financing agreements, ensuring the terms are clear, enforceable, and commercially sound. I also provide guidance on Personal Property Securities Act (PPSA) registration, protecting your interests if the lessee defaults or becomes insolvent.
Key consideration #01
Types of equipment finance
Choosing the right structure depends on cash flow, tax implications, and long-term business needs. The usual options are:
-
Operating Lease – You lease the equipment for a set term and return it at the end.
-
Finance Lease or Hire Purchase – You purchase the equipment outright at the end of the lease or have an option to do so.
Key consideration #02
Liability for repairs and maintenance
One of the most critical terms in an equipment lease is who is responsible for repairs and maintenance. This should be clearly outlined to avoid disputes. Often, the responsible party will need to take out insurance to cover these risks.
Key consideration #03
Personal Property Security Act (PPSA)
Equipment leases may qualify as a security interest under the PPSA.
If so, the lease should be registered on the Personal Property Securities Register (PPSR).
Failure to register means the lessor could lose priority if the lessee becomes insolvent.
Key consideration #04
End-of-term options
The lease should clearly outline what happens at the end of the term:
Does the lessee return the equipment?
Is there an option to purchase it?
Are there any extra fees or conditions tied to the lease expiry?
Key consideration #05
Market-standard v unfair terms
Some lease agreements contain one-sided or unusual clauses that may not be industry standard. Legal review ensures:
-
The terms are fair and commercially reasonable.
-
You’re not exposed to unexpected costs.
-
There are no hidden clauses that disadvantage you.
-
About
Clear terms, stronger business relationships
A service agreement sets out the terms, expectations, and protections when one party provides services to another. Whether you’re a business owner hiring a service provider or a contractor delivering services, a well-drafted agreement ensures clear obligations, fair payment terms, and protection against disputes.
Without a strong contract, misunderstandings over scope, liability, intellectual property, or payment can create costly issues. I help businesses draft, review, and negotiate service agreements that are practical, enforceable, and tailored to their needs—so you can focus on running your business with confidence.
Key consideration #01
Define the scope of the services
A well-drafted service agreement should clearly outline what services will be provided, including:
-
The specific tasks or deliverables.
-
Timeframes, deadlines, and performance expectations.
-
Any limitations or exclusions.
Key consideration #02
Set out the payment terms
Avoid disputes by ensuring the agreement specifies:
How and when payments are made (e.g., upfront, milestone-based, or on completion).
Whether any late fees or penalties apply.
The process for handling unpaid invoices.
Key consideration #03
Liability and risk management
A service agreement should protect both parties by addressing:
-
Who is liable if things go wrong.
-
Whether the provider gives warranties or guarantees.
-
Any limits on liability to prevent excessive financial exposure.
Key consideration #04
Intellectual property ownership
If the service involves creating content, software, branding, or other IP, the agreement should clarify:
Who owns the rights to the work.
Whether the service provider retains any licensing or usage rights.
Key consideration #05
Dispute resolution and termination
-
Include a clear process for handling disagreements.
-
Set out the terms for ending the agreement early (notice periods, exit fees, or handover requirements).
Worth Knowing
A verbal agreement may not protect you
While verbal contracts can be legally binding, a written service agreement ensures clarity, proof, and enforceability.
Every business should have one
Whether you’re a service provider or a client, a well-drafted agreement protects both parties and prevents disputes.
Protect your business with a custom agreement
Each business is different—using generic, one-size-fits-all contracts can leave gaps that expose you to risk.
-
About
Secure, reliable supplier relationships
Your business depends on suppliers to deliver the right goods, on time, and at the right price. A well-drafted supply agreement ensures clarity, consistency, and legal protection so you’re not left exposed if a supplier fails to deliver or changes pricing unexpectedly.
Whether you’re sourcing raw materials, inventory, or specialised products, I help businesses draft, negotiate, and review supply agreements to ensure the terms protect your interests, set clear expectations, and minimise risk.
#01
Pricing and payment terms
Define fixed vs. variable pricing, bulk discounts, and minimum order requirements.
Outline payment terms (upfront, instalments, or credit terms).
Clarify who pays for taxes, shipping, and insurance.
#02
Order volumes and forecasting
Set minimum and maximum order volumes.
Determine whether the supplier must provide stock forecasts.
Outline lead times and restocking commitments.
#03
Delivery and risk transfer
Specify how and when goods must be delivered.
Clarify who is responsible for shipping delays or lost goods.
Determine when risk and ownership transfer (at dispatch or upon delivery).
#04
Exclusivity and contract duration
Decide whether the arrangement is exclusive or non-exclusive.
Define the contract term and renewal conditions.
Include price review and renegotiation clauses.
#05
Product quality and compliance
Set quality control standards and warranties.
Ensure compliance with Australian Consumer Law and product safety regulations.
Outline procedures for recalls, returns, and unusable goods.
#06
Security interests and retention of title
-
Specify when ownership of goods transfers.
-
Determine whether suppliers can reclaim goods if unpaid.
-
Register security interests on the Personal Property Securities Register (PPSR) where necessary.
Worth
Supply agreements are critical to keeping your business running smoothly, ensuring suppliers meet their obligations while protecting you from unexpected disruptions. Here are some key facts to keep in mind when negotiating or reviewing a supply contract.
Not all supply agreements are exclusive
Businesses can lock in an exclusive supplier relationship or maintain flexibility by using multiple suppliers.
Failure to register security interests can be costly
If a supplier retains a security interest in goods, it should be registered on the PPSR otherwise, they risk losing priority if a customer becomes insolvent.
Australian Consumer Law applies regardless of your agreement
Even if a supply contract says otherwise, goods must meet safety, quality, and fitness-for-purpose standards under Australian Consumer Law.
Dispute resolution clauses can save thousands in legal costs
A well-drafted dispute resolution clause can prevent costly litigation by setting clear steps for handling disagreements before they escalate.
About
Protect your website, your business, and your users
Often your website is more than just an online presence, it’s a key part of your business. Website terms and conditions (T&Cs) help protect your business, set clear expectations for visitors, and reduce legal risks. Whether you’re providing information, selling products, or offering services, a well-drafted set of T&Cs can prevent disputes and ensure compliance with privacy and consumer laws.
I help businesses draft, review, and refine website terms and conditions to ensure they are clear, enforceable, and aligned with legal requirements.
Who?
Who needs website terms and conditions?
Businesses with online stores or service-based websites.
Websites that collect personal data (e.g., through contact forms or cookies).
Platforms that allow user-generated content or third-party links.
What?
What do website terms and conditions cover?
User rights & obligations – what visitors can and can’t do on your site.
Disclaimers – limiting liability for website content and third-party links.
Privacy & data use – how personal information is collected and stored.
Intellectual property protection – preventing misuse of your content.
Dispute resolution – how conflicts will be handled if issues arise.
When?
When should you put website terms and conditions in place?
Before launching your website – to avoid liability and legal exposure.
Before selling products or services online – to set payment and refund terms.
Whenever you update your policies – to reflect changes in law or business operations.
Why?
Why are website terms and conditions important?
-
They set clear rules for how people can use your website.
-
They help prevent legal disputes by managing expectations.
-
They ensure compliance with privacy laws and consumer protection rules.
-
They protect your intellectual property from unauthorised use.
Key Considerations
Your website terms and conditions set the rules for how visitors interact with your site and protect your business from unnecessary legal risks.
#01
Getting user consent
-
Users should actively accept your terms (e.g., through a checkbox or pop-up).
-
Passive acceptance (e.g., continued website use) may not be legally enforceable.
#02
Getting user consent
Clearly outline what personal data is collected, stored, and shared.
Include a link to your privacy policy for transparency.
#03
Intellectal property protection
State that all website content, logos, and trademarks belong to your business.
Restrict users from copying, selling, or distributing your content.
#04
Limiting liability
Specify that you don’t guarantee accuracy of website content.
Disclaim responsibility for third-party websites linked from yours.
Exclude liability for errors, security breaches, or downtime.
#05
User conduct and restrictions
-
Prohibit illegal activities, spamming, and tampering with your website.
-
Set rules for user-generated content (if applicable).
#06
Refunds and consumer rights
-
Outline returns, refunds, and warranty policies to comply with Australian Consumer Law.
Worth Knowing
Website terms and conditions do more than just sit in your footer, they help safeguard your business, clarify user rights, and prevent disputes. Here are some key facts every website owner should know.
Website terms and conditions are different from business terms and conditions
Website terms and conditions cover site usage, privacy, and liability, while business T&Cs govern sales, services, and transactions.
%20(2)_edited.png)
If you collect personal data you should have a privacy policy
If your website gathers email addresses, payment details, or customer data, you must have a privacy policy.
Website terms and conditions should be updated regularly
Website policies should reflect legal changes and business updates to remain effective.
About
Protect your business and your customers
If your business collects, stores, or uses personal information, you need a privacy policy. More than just a legal requirement, a well-drafted privacy policy builds trust with customers, ensures compliance with privacy laws, and protects your business from legal risk.
I help businesses draft, review, and refine privacy policies that are clear, legally compliant, and tailored to their operations.
Who?
Who needs a privacy policy?
-
Any business that collects customer data, including names, emails, addresses, or payment details.
-
Online businesses that use cookies or analytics tools.
-
Businesses handling sensitive information, such as health data or financial records.
What?
What does a privacy policy cover?
What data is collected and how it is used.
How customer data is stored and protected.
Who data is shared with, including third parties.
Customer rights regarding their personal information.
When?
When do you need a privacy policy?
-
Before collecting any personal information from customers, employees, or website visitors.
-
If you update your data collection practices, such as adding marketing tools or sharing data with partners.
-
Whenever privacy laws change, ensuring ongoing compliance.
Why?
Why is it important to have a privacy policy?
-
They ensure legal compliance with privacy laws such as the Australian Privacy Act.
-
They build customer trust by demonstrating transparency in data handling.
-
They protect your business from fines, penalties, and potential legal action.
Key Considerations
A privacy policy isn't just a legal checkbox, it sets out how your business handles personal information and ensures compliance with privacy laws. Being clear, transparent, and proactive about data collection and security helps prevent legal risks and builds trust with your customers.
#01
Transparency is key
-
Customers must understand what data you collect and why.
-
Clearly explain how their data is used, stored, and shared.
#02
Security and data protection
Outline how you safeguard personal information to prevent breaches.
Explain how long data is stored and when it is deleted.
#03
Third-party sharing
If data is shared with partners, service providers, or overseas entities, disclose this clearly.
Specify whether customers can opt out of data sharing.
#04
User rights and access
Customers should be able to request access, corrections, or deletion of their data.
Explain the process for making privacy-related complaints.
#05
Compliance with Australia law
-
If your business turns over more than $3 million per year, compliance with Australian Privacy Act requirements is mandatory.
-
Even if you’re a smaller business, having a privacy policy helps demonstrate good practice.
-
FAQs
Frequently asked questions
I believe legal advice should be clear, practical, and easy to access.
Here are answers to some of the most common questions clients ask me - so you can feel confident and informed before we even speak.
I provide legal advice and fixed-fee drafting for a wide range of business documents. These include shareholder agreements, privacy policies, service contracts, supply terms, and website terms and conditions. Every document is reviewed for legal risks and tailored to your business objectives.
Yes. I offer fixed-fee reviews of contracts you’ve drafted or received, providing clear feedback on risks, inconsistencies, and areas for improvement. I have to be honest though, it is often going to be more efficient for me to prepare the document from scratch. I can also help you renegotiate or redraft clauses if needed.
Absolutely. Every document I prepare is tailored to your business size, industry, structure, and goals. I make sure the terms are practical, enforceable, and aligned with your commercial risks and opportunities.
Yes. I provide fixed-fee legal drafting for privacy policies, website terms and conditions, and disclaimers for online businesses. These are written in plain English and tailored to your services, platform, and data collection practices.
Definitely. I strongly recommend getting legal advice before signing any business agreement. I’ll review the document, explain your obligations, and help you negotiate clearer, fairer terms—before you’re locked in.
Insights & Practical Advice
Adjacent Legal Blog
Smart legal decisions start with the right information.
Here you’ll find clear, real-world insights on property, leasing, contracts, and business law - written to help you cut through complexity and stay in control.
%20(4)_edited.png)
Other Expert Legal Services
Need a Lawyer for your Lease, Business or Property?
I provide fixed-price legal services for leasing, property transactions, and business matters across the Northern Beaches, Sydney and NSW. Whether you need a lease reviewed, a contract drafted, or legal advice for your business, I can help.
Landlord Legal Services – Secure Your Lease & Property Investment
As a landlord, protecting your lease and property investment is critical. I assist with lease drafting, negotiations, tenant disputes, lease renewals, rent reviews, and compliance to ensure your rights are upheld.
