Business & Structuring Lawyers in Cronulla, Menai and Sydney CBD

Practical Legal Advice for Business Owners Across the Sutherland Shire and Sydney

Running a business involves constant legal decisions, from choosing the right structure at the start to protecting your interests as you grow, planning for succession, and eventually buying or selling. Getting the right legal advice at the right time can make a significant difference to the outcome of these decisions.

Southern Waters Legal’s business and commercial law team, led by Simon Bennett, provides clear, practical legal advice to business owners across the Sutherland Shire and greater Sydney. Whether you are starting out, growing, restructuring, or planning your exit, we are here to help you navigate the legal side of business clearly and practically.

Our offices in Cronulla, Menai and Sydney CBD mean we are well placed to advise businesses of all sizes, from sole traders and family businesses to larger corporate structures.

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Simon Bennett, Managing Director and Business and Structuring Lawyer, Southern Waters Legal

Business Lawyers from Southern Waters Legal in a meeting

Our Experts in Business & Structuring Law can advise you on:

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Business Structuring Advice

Choosing the right structure for your business, whether a company, trust, partnership, or sole trader arrangement, is one of the most important decisions you can make. The right structure can affect your tax position, your personal liability, and how the business can grow or be transferred in the future. We provide clear, practical advice on the most appropriate structure for your circumstances, taking into account your business goals, asset base, and long-term plans.

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Business Succession Planning

Every business owner should have a plan for what happens when they step back, whether through a planned retirement, an unexpected event, or a sale. A well-prepared business succession plan addresses ownership transition, management continuity, and the financial interests of all parties involved. We work with business owners and their advisers to help create a plan that reflects their goals and helps provide for an orderly transition.

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Partnership and Shareholder Agreements

Going into business with others requires clear agreements about how decisions are made, how profits are shared, and what happens if a partner wants to leave or a dispute arises. A well-drafted Partnership or Shareholders Agreement can help avoid costly misunderstandings and disputes down the track. We draft, review and advise on these agreements for businesses of all sizes.

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Commercial Contracts

Clear, well-drafted commercial contracts are the foundation of any successful business relationship. Whether you need a supply agreement, service contract, confidentiality agreement, licence agreement, or any other commercial document, our team can draft, review, and advise on a wide range of commercial contracts. We focus on practical outcomes, giving you documents that are clear, enforceable, and appropriate for your business.

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Buying and Selling Businesses and Franchises

Whether you are buying or selling a business or franchise, the transaction involves significant legal, financial and commercial considerations. We advise buyers and sellers at every stage of the process, from due diligence and heads of agreement through to the final sale documentation. Our goal is to help you understand what you are acquiring or selling, and to help ensure the transaction is documented clearly and correctly.

SPEAK WITH A BUSINESS LAWYER IN THE SUTHERLAND SHIRE

Whether you are starting a new business, reviewing your structure, or planning your exit, our team is here to help. Contact us today to arrange a consultation at our Cronulla, Menai or Sydney CBD office.

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Why Choose Southern Waters Legal for Business Law

Led by Simon Bennett, Managing Director, with extensive business and commercial law experience

Offices in Cronulla, Menai and Sydney CBD, serving businesses across the Sutherland Shire

Practical, plain-English advice focused on your business goals —not just the legal technicalities

Experience across business structuring, succession, contracts, acquisitions and franchise transactions

We work closely with your accountants and financial advisers to give you coordinated advice

Trusted by business owners across the Sutherland Shire since 2009

Simon Bennett, Business Lawyer at Southern Waters Legal

FAQ

FREQUENTLY ASKED QUESTIONS

What is the best structure for my business?

The right structure depends on a range of factors, including your business goals, the number of owners, your tax situation, your personal asset base, and your long-term plans. Common structures include companies, discretionary trusts, unit trusts, partnerships, and sole trader arrangements — each with different implications for liability, taxation, and flexibility. We recommend seeking legal and accounting advice before deciding, as the right structure will vary significantly from business to business.

Do I need a Shareholders Agreement if I am using a company?

Yes, in most cases. A company’s constitution sets out basic governance rules, but a Shareholders Agreement provides far more detailed protections for each shareholder, including how decisions are made, what happens if a shareholder wants to exit, how disputes are resolved, and restrictions on the transfer of shares. Without a Shareholders Agreement, disputes between shareholders can become complex and expensive to resolve.

What should I look for when buying a business?

Buying a business involves legal, financial and commercial due diligence. From a legal perspective, key areas include reviewing the sale contract and any warranties given by the seller, examining key contracts (leases, supplier agreements, employment agreements), checking for any encumbrances or liabilities attached to the business, and confirming intellectual property ownership. We recommend engaging a solicitor before signing any heads of agreement or sale contract.

How do I plan for succession in my business?

Business succession planning ideally starts well before you intend to step back. Key elements include identifying potential successors (family, management, or external buyers), reviewing your business structure to ensure it facilitates the planned transition, preparing or updating buy-sell agreements, and coordinating with your accountant and financial planner on tax and financial implications. We can assist with the legal elements of your succession plan and work alongside your other advisers.

STARTING A NEW BUSINESS?

Get the structure right from the start. We advise on company, trust and partnership structures to suit your goals.

Get the structure right from the start. We advise on company, trust and partnership structures to suit your goals.

✔ Planning to Exit Your Business?

Whether you are selling, transferring ownership, or planning your retirement, we can help you prepare.

BOOK YOUR FREE CALL

Book an estate planning consultation — Southern Waters Legal Cronulla

Get clear, practical advice on your business and structuring decisions — before small issues become costly problems.

Our team works with clients across Cronulla, Menai, the Sutherland Shire, and Sydney CBD, with consultations available in person or via phone and video.

Enquire About BUSINESS Law in Cronulla, Menai, Sydney CBD or the Northern Beaches

Our Business & Structuring Solicitors

AREAS WE SERVICE

TESTIMONIALS

"Simon, Leona and all their staff dealt with my Estate Planning and Family Law matter in such a professional manner, I cannot thank them enough. The care and patience shown to me during the time of my matters was truly amazing! Again thank you all so much."

Glen
Estate Planning & Family Law Client

"Thank you for your very friendly and professional help in getting all of our affairs sorted in such a short time. We are very glad we came to Southern Waters Legal, ad we’re really appreciative of the professional manner and advice with which we received."

Wayne & Margaret
Estate Planning Client

"I have been a client of Southern Waters Legal for a number of years now. It is at specific times in our lives that we really value integrity and honesty in those we deal with. Simon, Leona and the team have helped me organise our affairs at a very tough time in my life, they have provided wise counsel, legal support and hand-holding as I went through the sale of my family home and moving to new premises. I have received possibly the best financial advice that is reaping rewards for me now. Thank you to a wonderful team of professionals. Thank you"

Anne
Property Client

"I used Leona and her team’s services during an extremely difficult and stressful period of my life. They were able to guide me through the steps required from beginning to end of divorce and financial settlement and set up a plan to follow that helped to take out a lot of the anxiety around not having control over the situation. I had 100% faith at all times in Leona and her team that my best interests were always taken into consideration and I was only contacted when needed to avoid being charged unnecessarily. These guys are the dream team and highly recommend them."

Stephanie
Family Law Client

"Family law can be very daunting but Leona Bennett removed all the confusion of the ‘legal jargon’ and step by step walked me through the family court process. Leona made it simple and I always had a full understanding of what was happening and made clear decisions for the final outcome. Leona and her team were there for me, working their wisdom to always provide greater clarity and support."

Cheryl
Family Law Client

I would like to extend my sincere thanks to you for your exceptional guidance and support throughout my property settlement and divorce.

Your expertise, strategic thinking, and calm command of the process were deeply reassuring, especially during the most difficult moments. What stood out even more was your unwavering commitment to acting ethically and with integrity, even when the other side did not extend the same courtesy. That strength of character meant a great deal to me and helped me stay anchored in a process that was often emotionally and morally challenging.

Thank you for being both a skilled advocate and a steady presence. I’m deeply grateful to have had you in my corner.

Madeline
Property Law Client

I would like to say a truly heartfelt thank you for everything you did yesterday. You went above and beyond, not just in terms of the legal work, which was so thorough and professional but in the way you showed such care, calm and kindness throughout.

"This has been an incredibly emotional and complex chapter of my life, and to have someone like you guiding the final stages made all the difference. You were steady, thoughtful, and incredibly responsive. I felt genuinely supported and looked after!

Thank you for helping me bring this to a close with grace and dignity. I’m so grateful our paths crossed."

Maddie
Family Law Client

About Simon Bennett

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