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Automotive Law Services

Automotive Business Advisory Services

Representing the legal interests of Queensland's automotive industry, Bennett & Philp Lawyers are acknowledged as experts in a broad range of commercial issues. We advise motor vehicle, truck and motorcycle dealerships, vehicle tuning and customisation companies, performance and accessory manufacturers and automotive industry suppliers. If it's auto industry related, we are the experts for legal advice.

We are the MTAQ's chosen law firm for automotive and motor trades legal advice.

Business Structuring

Sound legal advice is a cornerstone to establishing and running a successful business. Our Business and Commercial Team can guide you on the appropriate business structure for your specific needs. We can also advise on other important business decisions, such as whether to incorporate, enter into a partnership or establish a trust structure.

Our team of legal specialists has expertise in:

  • corporate acquisitions;
  • mergers and demergers; and
  • corporate structuring.

We provide advice and support to our clients as their business grows - whether it be for the formulation of contracts for the sale of shares in the business, corporate loans or shareholder agreements.

Your business can benefit from our extensive experience in negotiating complex commercial transactions, drafting and reviewing commercial contracts and agreements including agreements for goods and services, equipment, consultancy and sub-contractor agreements, tenders, contracts for the purchase of property, mortgages, securities and debt collection and consumer law.

Our Team is extensively experiences in business transfers. We are especially able to apply a methodical and thorough approach to:

  • Corporate transactions including share and business sales/purchases;
  • Business structuring and restructuring methods to promote growth and crisis management and areas such as corporate governance, fund raising and borrowings;
  • Negotiating and documenting complex arrangements including joint venture agreements, shareholders’ agreements, partnership agreements and other business relationships;
  • Advising clients on the management of transaction risks and other risks such as advising on employment and workplace relations, environmental law and other issues;
  • Drafting commercial contracts and agreements including those for the supply of goods and services. We focus on understanding the needs and requirements of the parties to the transaction and producing commercial agreements and templates which meet those needs; and
  • Drafting licensing agreements, including software licensing.

Our Business and Commercial Team is comprised of expert lawyers who specialise in providing strategic structuring advice for businesses both at establishment or purchase stage, as well as, throughout the life of the business especially when growth, changing needs, risk or taxation matters necessitate a change.

Drafting shareholders’ agreements requires particular care, especially when mindful of the future and relationships between parties often change over time. Once rights and obligations are set out in a shareholder agreement they can be difficult to unwind. Shareholder and partnership disputes can be expensive so you should contact our Team to get advice. Asking us for agreement advice at the beginning - could avoid expensive problems later on.

Consumer Law

Our Business and Commercial Team have many years’ of combined experience in consumer law. They have a sound understanding of the impact of the legislative changes within the motor vehicle industry, in particular, the repeal of the Trade Practices Act and the introduction of the Competition and Consumer Act. The Team is able to assist motor dealers and traders with advice in relation to the reforms, including:

  • Guarantees;
  • Consumer guarantees;
  • Multiple pricing;
  • Extended warranty;
  • Repair notices;
  • Sale of Goods;
  • Disposal of uncollected vehicles;
  • Promises by sales staff; and
  • Demonstrator models.

Consumer Credit

Many of the legal, regulatory and business issues facing the automotive industry demand prompt, cost-effective, commercial legal advice from specialists with knowledge of the industry.

We can assist dealers who sell their own ‘in-house” financial services products, or operate a parts distribution business with terms of trade that may include retention of title provisions. We provide advice for:

  • Security interests;
  • Making an entry on the PPS Register;
  • Searching the PPS Register;
  • Trading terms and conditions;
  • Consignment arrangements; and
  • Rights against third parties.   

Mortgages and Guarantees

It is crucial for business owners to understand the importance of being aware of their obligations under commercial property contracts. Business owners need to be cautious when borrowing funds to support their business and seek our advice about granting securities against homes and other assets and/or giving personal guarantees.

Our Business and Commercial Team can assist you with expert advice and guidance at an early stage to make ensure your interests are well protected.

Bennett & Philp Lawyers are aware of the risks and obligations which automotive dealers must consider in the operation of their business. We work with our clients to provide specific and practical advice focused on minimising the risk of legal liability - that is why we are consistently rated as the automotive industry's legal advisor of choice.