Overview

 

Founded over 70 years ago, Johnston Withers is a progressive and professional law firm. We combine our history, extensive experience, commitment to justice to deliver value across all your legal needs. Proudly South Australian with offices situated in the CBD and regional South Australia, including Clare, Port Augusta, Murray Bridge, Whyalla and Roxby Downs we are able to reach all South Australians and take great delight in delivering outstanding service to both metro and regional clients, proving that location is no obstacle. We provide open, honest and transparent legal advice in all aspects of law. We are trusted advisors and will work with you to reach your desired objectives. Johnston Withers is a Gold Alliance member of The Law Society of South Australia. As a firm we pride ourselves on our progressive, personal and professional approach to all areas of law. Specialists in; Family Law | Wills & Estates | Employment Law | Commercial & Property Law | Conveyancing | Litigation & Dispute Resolution | Aboriginal Legal Advice | Injury Law | Agri Law | Defamation | Criminal Law |

About Johnston Withers

Founded in 1946

200 people in their team


Practice areas
Family
Accidents & Injuries
Elder Law
Employment & Labor
Real Estate
Business

Languages spoken
English

Social media

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Practice areas

Family

Dealing with divorce, separation and other family matters can be some of the most stressful and emotional experiences of a person’s life. Our Family Lawyers are just the people to call.

At Johnston Withers, our Family Lawyers understand this and focus on providing practical advice to help you and your family achieve the best outcomes. We do so in a timely and easy to understand way to help minimise the stress in these difficult situations and help families to move on.  Our Family Lawyers can help in negotiating an outcome that looks after you and your family and, if necessary, be a strong advocate for you through the Court process.  Please contact one of our family lawyers if you need some help.  This list of what to bring to your first interview might also be useful.

 

Johnston Withers Family Lawyers can help you understand the legal implications with:

Financial agreements

Our Family Lawyers in Adelaide can prepare prenuptial agreements, binding financial agreements and child support agreements and we will take care to protect your rights.

Divorce law

A Certificate of Divorce formally ends your marriage. It is not an application about property, children, child support or spouse maintenance which are separate issues.  We have some Divorce FAQs which help explain the process.

Our Divorce Lawyers can prepare, file and arrange service of your Divorce Application as well as attend at the Court Hearing.

It is important to remember that you have to make an application for property division within 12 months of the date of your divorce.

Property law (including superannuation law)

The Family Law Act and case law have established a process to determine how the property (including superannuation entitlements) of married and defacto couples are divided.

The first step is to identify and value the property of the parties. Then, the parties contributions (including financial and homemaking and parenting) are assessed, before a further assessment is made by the parties future needs.

Superannuation is treated as property and can be divided between the parties to a married or defacto relationship.

Our experienced separation lawyers in Adelaide and Regional South Australia can guide you through this process by assisting with informal negotiations or mediation with your former partner and/or their legal team.

If an agreement is reached we recommend that the agreement be formalised as a Consent Order of the Family Court of Australia.

If an agreement is unable to be reached married couples must apply for a property settlement within 12 months of the date of their divorce and defacto couples must apply for a property settlement within 24 months of the date of their separation.

Spousal maintenance

Married and defacto couples may have an entitlement to financial support from their former partner if they are unable to meet their reasonable expenses from their income or assets that are available to them after separation.

If you are in this position our Family Lawyers can help you apply for an Order that your former partner pay you either a periodic amount or a lump sum.

Your entitlement to maintenance will depend on an assessment of your financial needs and your former partner’s capacity to pay.

Parenting arrangements

The law focuses on what living arrangements are in the best interests of children. Our lawyers can advise you about the presumption in the law that parents have equal parental responsibility for their children and can advise and assist with arrangements about who children will live with and spend time with.

Our Family Lawyers can also advise about arrangements for children to live with or spend time with their grandparents.

Child support (Parenting plan)

The amount of child support that parents contribute to the costs of raising their children is usually assessed by the Child Support Agency using a formula that looks at the income of each parent and the ages and living arrangements of the children. Our Family Lawyers in Adelaide can advise you about how the assessment works and about departing form or objecting to the assessment in some circumstances.

Our Family Lawyers in Adelaide and Regional South Australia can also advise about and prepare child support agreements in circumstances where parents have agreed between themselves to an amount of child support that is different from the Child support Assessment.

We can also assist with applications for adult child maintenance when a child is over 18 years but still needs financial support from a parent, for example they are students or have some other financial need.

Defacto relationships

For defacto couples who separated after 1 July 2010, their rights to property division and maintenance are governed by principles set out in the Family law Act.

This means that a person in a defacto relationship (including a same sex relationship) has a right to maintenance and property division including a superannuation splitting order.

It also means that defacto couples can enter into prenuptial agreements and binding financial agreements.

Adoption
Child Abuse
Child Custody
Child Support
Divorce & Separation
Marriage

Accidents & Injuries

We have recently purchased the Slater and Gordon practice in Adelaide and offer the same terms, including to act for clients on a no win no fee basis.

Personal Injury Lawyers

If you have suffered an injury you may have a claim for damages. In most instances except for Work Cover and Comcare claims there is a requirement that the injury, loss or damage was caused by another party’s negligence and/or a breach of duty.

Personal Injury Claims Help You Receive the Compensation You’re Owed

Are you potentially eligible for compensation arising out of a personal injury claim? If you’ve been hurt or suffered injuries as a result of someone else’s actions or negligence, you may be able to seek damages from the responsible parties. Accessing your rights may seem to be a challenge at first — how can you even be sure you have a case, let alone one that will allow for a judgement or a settlement in your favour? At Johnston Withers Lawyers, we are happy to help you answer that question.

Personal injuries may arise as a result of:

  • damaged or defective products
  • dangerous premises
  • medical negligence
  • motor vehicle accidents
  • sporting accidents
  • crime
  • negligence of Government authorities

We understand that personal injury can cause distress and confusion to a person, and are committed to acting in an understanding and professional manner. Our firm and qualified personal injury lawyers are passionate about enabling people to receive the compensation they and their families are entitled to with the help of our compensation lawyers in Adelaide.

Whether the injury is large or small, our team of highly experienced personal injury lawyers will spend time with you to ensure you receive honest advice about your situation. We have secured compensation for people with minor injuries through to catastrophic injuries requiring large sums for medical treatment and ongoing care.

Additionally, we negotiate and provide advice relating to settlement. When it is not possible to settle matters this way, we are experienced and effective in litigation.

If you have been injured, time limits do apply and failure to bring an action within certain time frames may mean you are not able to receive compensation. Therefore, do not hesitate to contact us about your personal injury claim.

Our personal injury lawyers can help you with:

  • Car Accident Claims
  • Medical Negligence
  • Worker’s Compensation
  • Dust Disease & Asbestos Claims

Work with our Personal Injury Lawyers in Adelaide on a No Win, No Fee Basis.

Car Accident
Construction Accident
Personal Injury
Work Injury
Workers Compensation
Medical Malpractice
Motorcycle Accident

Elder Law

Estate planning is important to ensure your family’s long-term financial security and to be confident that your assets will be distributed as you would like in the event of your death. Johnston Withers are leading Wills and Estates lawyers in Adelaide and Regional South Australia and can assist you with a range of related service areas.

We can help in the following areas for Wills & Estates:

Wills for South Australian families

A will is the best way for you to ensure your loved ones are provided for after your death. Without a will the wishes of a deceased person have no way of being known, and the administration of an estate without a will can be complicated and expensive.

Our Wills and Estates lawyers will help you to prepare a will that meets all the formal requirements of the Wills Act. We will also work with you to choose Executors – the person(s) who will finalise your legal and financial affairs and have the responsibility of ensuring your wishes are carried out.

Our Wills lawyers in Adelaide and Regional South Australia can also advise on how to reduce the risk of someone challenging your will after your death, so you can be confident your assets will be transferred as you wish.

Our Wills and Estates lawyers can also advise on more complex wills incorporating testamentary trusts, and advise on issues such as protective trusts for incapacitated beneficiaries, guardianship clauses, maintenance of minor children and provision for the children of prior marriages or relationships.

Contested estates

Johnston Withers and our Wills & Estates lawyers have considerable experience acting for both Plaintiffs and Defendants in matters relating to contested estates. We can act where the validity of the Will is in dispute, or where further provision is sought under the Inheritance (Family Provision) Act despite the Will being otherwise valid.

Some Wills are challenged when it is alleged that a person did not have the mental capacity to sign the Will, or that someone applied undue pressure to the person when the Will was created. Please refer to our Contested Wills & Estates page.

Power of Attorney

A Power of Attorney is a document which allows someone else to act on your behalf in some circumstances where you cannot make those decisions for yourself (e.g. you are travelling overseas or hospitalised). You can appoint one or more people to look after your legal and financial affairs and ensure they are managed in your best interest.

You can limit the powers the person has, for example their ability to sell your property or manage your business affairs.

A Power of Attorney must be signed whilst you have the legal capacity and does not apply if you are mentally incapacitated. If you need advice, our Wills & Estates lawyers can assist you to make the right choices and decisions.

Enduring Power of Attorney

An enduring Power of Attorney is a Power of Attorney document designed to continue to operate if you lose your mental capacity.

Both Power of Attorneys and Enduring Power Attorneys give a person power to act for you in regard to legal and financial matters. They do not give a person the ability to make decisions concerning your welfare and lifestyle. To ensure you are establishing the right foundation for Power of Attorney, contact our Wills & Estates lawyers today.

Advance Care Directives

An Advanced Care Directive is a document that allows you to appoint one or more people, known as a Substitute Decision-Maker to make certain lifestyle and welfare decisions for you should you become mentally incapacitated.

It includes lifestyle and accommodation decisions and may also include directions in relation to the medical treatment you are to receive in the event that you are terminally ill.

An Advanced Care Directive must be signed while you have mental capacity but is designed to commence in the event that you are no longer able to manage your affairs due to loss of mental capacity. Our Wills & Estates lawyers are the experts to ask about this before you make any major decisions.

Adelaide Estate administration

If you have been named the Executor of an Estate, or you are the next of kin of a person who has died without a will, our Wills & Estates lawyers can help you to fulfil your obligations and administer the estate.

We can help you

  • identify the assets and liabilities of an estate
  • obtain Probate or Letters of Administration
  • pay the debts of the estate
  • attend to asset transfers and sales
  • attend to other issues related to the estate such as ensuring assets and insured, discussing engaging an accountant to organise personal or estate tax returns
  • help attend the registration of death on any jointly owned assets (e.g. real estate)

Deed Safe

Johnston Withers can hold your Wills, Powers of Attorney, Advanced Care Directives and other testamentary documents in our secure deed safe at no additional cost.

This gives you the peace of mind that your documents are in a safe and secure location.

Johnston Withers can return these documents to you upon your request. We can also provide the documents to your attorney/decision maker if you lose capacity or to your executor if you pass away provided they produce evidence so we can maintain your confidentiality.

Will Registry

In addition to storing your documents securely in our deed safe, Johnston Withers offers, at no additional costs, to register our clients Wills with the Law Society of South Australia Will Registry.

The Will Registry is managed by the Law Society of South Australia and is a system which allows people to record the existence of their Will and at what law firm the document can be located. It is designed to ensure that people and their Executors to do not forget or lose track of where their Wills are kept.

The Will Registry can only be accessed by legal practitioners or their employers for the purpose of uploading information regarding a Will or looking for a Will for a client who has misplaced their documents or an executor.

Upon obtaining your permission, Johnston Withers will upload your information into the Will Registry. We do not upload a copy of your Will or information as to what is recorded in the Will.

This service is offered at no additional costs to our clients.

Estate Planning
Trusts
Will & Testament

Employment & Labor

Johnston Withers Lawyers has a long history of advising and representing employees, employers and unions in a range of employment and industrial relations matters.

In our 75 years of working in employment and industrial relations law, we have been successful in many high profile cases, including those argued before the High Court. As a result, we have developed a strong and trusted reputation in this field.

We represent clients in the South Australian Employment Tribunal, the Fair Work Commission, and in State and Federal Courts.

 

Our Employment Lawyers in Adelaide & Regional South Australia can help you with:

 

Employment Law

We advise and represent employees and employers in relation to a range of employment matters, including:

  • Unfair dismissal – if you have been dismissed and you believe the dismissal was harsh, unjust or unreasonable, of if an employee has alleged that you have unfairly dismissed them.
  • Employment contracts – if you want advice on an employment contract, whether you are an employee, an employer or an independent contractor.
  • Independent contracting – if you are unsure of the nature of your or your employee’s employment, such as whether you or your employee is an employee or an independent contractor, and what the relevant rights and entitlements are.
  • Underpayment of wages – if you believe you have been underpaid, or have not been paid for work you have performed, or if an employee alleges that you have underpaid them.
  • Employee entitlements – if you want advice on your entitlements or you are an employer seeking advice on employees’ entitlements, to things such as leave, pay or flexible working arrangements under an employment contract, Award or Enterprise Agreement.
  • Redundancies – if you have been offered, are considering applying for a redundancy, or you are an employer intending to offer your employees a redundancy package and want advice about your rights and options.
  • Discrimination – if you believe you have been discriminated against at work, or an employee has alleged that you have discriminated against them, on the basis of race, colour, sex, sexual orientation, age, disability, marital status, religion, political opinion, caring responsibilities or pregnancy.
  • Bullying and harassment – if you are experiencing any kind of bullying or harassment at work, or an employee is bullying or harassing another employee, and you would like advice about your rights and options.
  • Disciplinary proceedings – if you are facing disciplinary proceedings at work or before a body such as the Independent Commission Against Corruption (ICAC) and would like advice or representation.
  • Adverse action – if your employer takes an action against you which is detrimental to you, such as dismissing you, altering your position, or treating you differently to other employees, because you have exercised a workplace right, or for a discriminatory reason.
  • Investigations or allegations – if allegations have been made against you or your employee at work, and you would like advice about your rights and assurance that there is procedural fairness.
  • Work health and safety – if you are concerned about health and safety at work and would like advice about your rights as an employee or your obligations as an employer.
  • Workplace policies and procedures – if you want advice about your rights or obligations under, or assistance creating and implementing appropriate workplace policies and procedures.
  • Public sector employment – we have a wealth of experience advising and representing public sector employees in a range of employment matters.
  • Mediation or conciliation – we recognise the importance of a good working relationship for employees and employers, and can assist with mediation or conciliation with the aim of reaching a practical and mutually satisfactory outcome.
  • Appearing in the Fair Work Commission or South Australian Employment Tribunal – if your matter proceeds to trial, we have the skills and experience to prepare the necessary evidence and documents and advocate for you. We have successfully secured reinstatement or compensation for many deserving clients in the past.

Industrial Relations

We often act for employers and unions in relation to:

  • Making and amending Awards and Enterprise Agreements
  • Entitlements under Awards and Enterprise Agreements
  • Representing union members in employment matters and industrial action
  • Representing employers in employment matters
  • Appearing in the Fair Work Commission or South Australian Employment Tribunal

 

Workers’ Compensation

If you have been injured in the course of your work you are entitled to seek income support, payment of the costs of medical treatment and a lump-sum compensation payment if you suffer permanent impairment.  Please refer to our Workers’ Compensation page.

Employment Rights
Hiring & Firing
Job Discrimination
Labor Law
Sexual Harassment
Wrongful Termination
Wage & Hour

Real Estate

Johnston Withers Lawyers experienced Commercial litigation team act for a wide range of clients including individuals, small to medium enterprises (SMEs) and large corporations.

Our South Australian Commercial lawyers can help you with:

Contract & commercial disputes

We have significant experience in areas including:

  • Contract disputes
  • Partnership disputes
  • Restraint of trade
  • Enforcement of loans and guarantees
  • Insolvency
  • Australian consumer law litigation

Our experienced Commercial Team will provide honest advice about written, verbal or implied contracts and their terms, and your obligations and rights under them. Once you know where you stand, we can act on your behalf in any proceedings, including litigation or alternative dispute resolution methods such as mediation.

We understand your priority is to resolve any disputes quickly and in a cost-effective way. We will also work with you to preserve the relationships with other parties wherever possible, in order to protect your business’ long term commercial interests.

We are committed to providing honest, comprehensive and forthright advice which will achieve the best possible results. While we are highly experienced in litigation proceedings, our knowledge of Alternative Dispute Resolution methods such as mediation and negotiation can help achieve the best result in the most cost-effective way.

Business sale agreements

The sale or purchase of a business can be a complex process, with many factors to consider. Our team of experienced lawyers can assist you throughout this process to ensure the best outcome which adheres to the necessary legal requirements and fulfills your expectations.

We can assist you with preparing the contract for the sale of the business, including accounting for all assets such as business names, licences and intellectual property. In addition, we can assist you to make arrangements with regard to employment contracts (if applicable), current invoices/orders and other relevant contractual obligations. It is also important to agree on the business premises; for example it may be necessary to transfer a lease or title.

In addition, should a dispute arise, our team of experienced and effective Commercial law specialists will be able to advise and assist you.

Director/Shareholder agreements

A directors agreement is an important agreement that clarifies the relationship between the director (or directors) and the company. It outlines their obligations and responsibilities and therefore helps to minimise the likelihood of a dispute arising in the future.

The agreements can be complex, presenting an opportunity to cover a wide range of issues and eventualities. For this reason, it is advisable to seek out the advice and expertise of a legal professional who can draft the agreement.

The team at Johnston Withers is highly experienced in this field, and can provide advice about the ongoing significance of the agreement and how to ensure the obligations are fulfilled. Our Commercial Team can also advise directors on their rights, obligations and liabilities under the agreement.

Shareholder agreements

A shareholder agreement sets out the ground rules about issues that affect shareholders, who are individuals who own one or more shares of stock in a company. Although it is not required by law that a company have a shareholder agreement, it is highly recommended so as to set rules and account for possible eventualities.

Due to the need for a comprehensive agreement, there is a great deal to consider when establishing a shareholder agreement. For example, types of shares, the voting and financial rights of shareholders, the division of dividends, the process for appointing directors, the process for selling shares and the liability of shareholders if the company is in debt.

These are just a few of the issues that should be covered and demonstrate the necessity of receiving expert advice and drafting in regard to these agreements. In addition, agreements can be a complex area for individuals to navigate, and Johnston Withers can give honest and practical advice to shareholders about their rights and obligations.

Partnerships

A partnership, whereby a commercial venture is carried out by two or more people with a view of sharing the profits, is a common business structure.

This structure has significant legal ramifications and comes with duties and fiduciary obligations, such as to avoid conflicts of interest, to act in good faith and to provide account of partnership assets. In addition, each partner is usually jointly liable with the other partners for all debts and contractual obligations incurred while they are a partner.

Therefore, it is crucial to receive honest, expert advice regarding partnerships so as to protect the long term interests of your business and ensure partners are aware of their obligations and responsibilities to the company. Prior planning can minimise the chance of future disputes and account for possible eventualities.

Sometimes disputes do occur as a result of partnership agreements, for example when a conflict of interest arises or if one partner does not seem to be acting in good faith. In these circumstances, Johnston Withers can provide effective and efficient advice to help you find the best course of action.

In addition, we are strong advocates with significant experience in both litigation and alternative dispute resolution. Therefore, you can be confident that disputes will be dealt with efficiently, with an emphasis on being cost effective and preserving relationships where possible.

Leases

The team at Johnston Withers has significant experience in both property law and commercial practice, making us highly effective in providing assistance and advice regarding leases.

We have acted for both commercial tenants and landlords, drafting contracts for lease of properties, negotiating leases and also enforcing the terms of the agreement. In addition, our experienced team is effective in representing clients during disputes and finding cost-effective resolutions.

The complexities of the relevant tenancy legislation mean it is highly beneficial to engage the services of an experienced practitioner when dealing with high-value commercial lease agreements.

Mortgages

Johnston Withers has significant experience in the field of mortgages, and particularly in acting for commercial clients in this respect. Our experienced Commercial Law team can provide you with comprehensive, honest and practical advice to minimise the risk of any future disputes.

We have experience acting for large lenders but also smaller, local operators and mortgagors. We can assist in all aspects of mortgage work including documentation, registration, settlement as well as discharges and recovery.

In the event that a dispute does occur, we are highly skilled in litigation and can act effectively on your behalf. We are also highly experienced in Alternative Dispute Resolution methods such as mediation and negotiation and utilise these to find the most cost-effective resolution.

Mortgagee in possession

A mortgagee in possession refers to the lender who exercises a power of sale over land purchased by the owner who has failed to keep up with repayments. Therefore, the power is exercised so that the mortgagee’s debts are repaid.

This is a very complex area of law and not all mortgages are the same. In addition, the mortgagee in possession has a number of obligations that must be upheld whilst acting in relation to the property. As a result, it is imperative that both mortgagees and mortgagors seek legal advice specific to their situation.

Johnston Withers is highly experienced in this field. We regularly act for lenders seeking to recover against secured property. We are also able to assist homeowners, and borrowers generally, facing actions by financiers.

Loan agreements

When lending money in a personal or commercial context, it is wise to formalise the loan agreement in order to protect both your financial interests and the integrity of the relationship.

Often, loan agreements can be complicated with many factors to consider, such as repayment schedules, security and avenues for recovery in the event of a default.

Johnston Withers is highly experienced in these matters and can give you the best advice to secure most favourable outcome. In addition to providing forthright and practical advice, we can also assist you by drafting the contract to ensure your rights and obligations are clearly set out. In the event that a dispute does arise, you can be assured that Johnston Withers’ experienced Litigation and Dispute Resolution team will protect your interests.

It is important to maintain records relating to the loan, such as bank statements and copies of correspondence. If you are seeking advice about a new or existing loan, please do not hesitate to contact our team who will be able to assist you.

Trusts

Trusts are a type of legal relationship where a person (or group of people) act as trustees and hold onto property for the benefit of one or more others (the beneficiaries).

Many Australian small businesses and corporations take advantage of trusts as they can be effective in reducing tax and minimising the risk of creditors making a claim against your assets. In addition, trusts can be used to place assets out of the direct control of individuals at risk of making poor decisions in regard to that property.

There are many different types of trusts and many factors to consider in deciding whether the establishment of a trust is the right course of action. Our experienced team can advise you on this as well as act for you in establishing the trust. In addition, we can assist you on all related issues such as succession planning.

Superannuation

The law regarding superannuation can be highly complex, but is extremely relevant to both employers and employees. Superannuation contributions are mandatory for most Australians in casual, part-time or full-time work. It is therefore necessary that businesses and workers are aware of their rights and responsibilities in this regard.

Johnston Withers can assist by providing honest and comprehensive advice to commercial clients about their obligations.

We can also act for employees in superannuation matters, such as in the case of disability or permanent injury, as many superannuation funds offer insurance or assistance to their members.

Tax issues (including stamp duty/CGT)

Taxation is a complex yet crucial aspect of any commercial enterprise, and Johnston Withers’ experienced Commercial Team can guide you through to find the best options for your business. In many instances, the correct advice on issues such as structuring and timing can provide significant gains in terms of taxation.

It is important to receive comprehensive advice due to the differing forms of taxation which your company may incur, such as capital gains tax, stamp duty, land tax, income tax and payroll tax. We can take you through the costs and benefits of any course of action, so you can be assured you are making the best decisions for your business.

In particular, our practitioners are highly experienced in Stamp Duty, a state tax on the transfer of ownership of some types of property, which can be a significant outlay, and Capital Gains Tax, which is a tax on the income made from the disposal of an asset. Due to the significant financial and legal implications of this, it is highly beneficial to seek the advice of our Commercial Team in this regard.

Franchising

Johnston Withers is experienced acting for both franchisors and franchisees, so we are able to provide comprehensive advice relating to all aspects of franchising businesses, including the purchase and sale, and resolving disputes.

Franchisees

If you are considering purchasing a franchise, there are a lot of things to consider in order to decide whether it is the right decision for you. Our team of experienced Commercial lawyers will provide you with honest and practical advice so you can make a well-informed choice.

We can also assist you through the process of purchasing the business and with regard to contracts and agreements. We will ensure that your rights and responsibilities are clear, including having an exit strategy for if you decide to sell or close the business.

Franchisors

Our team is also highly experienced in acting for franchisors across a range of matters. We can assist franchisors to make agreements with regard to their business, for example by drafting franchise contracts or negotiating their terms with franchisees.

In addition, we can advise and assist in matters including poor performing franchisees, renewal and termination of agreements. Our team is experienced in alternative dispute resolution and litigation, so you can be confident that we will provide the best service for your business.

Intellectual property

Intellectual property can be extremely valuable to a business, and therefore it is important to protect your company’s commercial interests. Therefore, our team of experienced practitioners can assist you to protect or enforce your intellectual property rights.

Our lawyers have significant experience in this regard, and can provide honest and practical advice about intellectual property across a range of areas. In particular, we can assist you with regard to trade mark law, copyright law, patents and passing off laws.

Therefore, if you believe your property rights have been infringed, or that your valuable property is not protected, please do not hesitate to contact us.

Building contracts

Johnston Withers Commercial Team has significant skill and expertise when it comes to drafting and enforcing Building and Construction Contracts. We can assist in drafting the Building Contract, and also by collaborating with other professionals to ensure necessary Schedules and Specifications are included.

Given the many legal requirements for these documents, legal advice is crucial to ensuring all parties can put their full confidence in the agreement.

In the case of disputes, we can also act for parties by providing advice and also acting on their behalf in any Court or Tribunal proceedings. Our experience in alternative dispute resolution methods such as mediation and arbitration mean we can also pursue these avenues in order to come to the most cost effective solution.

Development and planning

Johnston Withers’ Commercial Team has significant experience in acting for developers, local government, state government, business owners and land owners in the area of development planning. We have a pragmatic and forward-thinking approach to all matters and will work with our clients to provide a positive outcome.

Our firm’s long history means we are well-respected and connected across many industries, and can seek out the advice of relevant experts where necessary. This is a crucial part to providing our clients with comprehensive and practical advice, as well as the best assistance through the planning and delivery stages of the project.

Due to the complex legalities and fast changing nature of environmental and planning laws, it is highly beneficial to engage the services of an experienced solicitor to assist you. Please do not hesitate to contact Johnston Withers if we can be of assistance.

We are also experienced in litigation and dispute resolution regarding development.

Bankruptcy and insolvency

Johnston Withers can assist clients in both personal bankruptcy and corporate insolvency. Our commitment is to ensure our approach is practical, efficient and cost-effective so as to achieve the best results for our clients.

When acting in insolvency matters, our experienced Commercial Team can provide expert advice and also act in line with relevant legal requirements and obligations. Our experience also enables us to communicate effectively with relevant third parties such as liquidators or creditors. Specifically our team has significant experience in the following matters:

  • Voluntary administrations
  • Liquidations
  • Receiverships
  • Providing advice to creditors, directors and external administrators
  • Debt restructuring

With regard to personal bankruptcy, we understand the stresses of this time and will work to minimise these and enable you to get back on your feet as soon as possible.

Succession planning

Succession planning is important to ensure the ongoing security of your assets. For commercial clients, this can be especially important and complex, therefore requiring expert advice from lawyers with experience providing tailored solutions for individuals and families.

When considering how to best protect your interests, Johnston Withers’ Commercial Team will consider the full range of factors including your business’ position, strengths and weaknesses and the directors’ goals and aspirations for the business. This will allow us to provide comprehensive advice in regard to exit strategies, taxation implications and asset protection.

Family succession planning and business succession planning often overlap but should both be considered fully. For more information about family succession planning, click here.

Wine law

The law affecting the wine industry is wide ranging and encompasses a variety of specialised areas. Johnston Withers can assist by providing honest and comprehensive advice to our wine industry clients about their obligations – be they vignerons, wine makers or company executives.

We regularly assist our primary producer clients with business structuring and re-structuring, including corporate set up, succession planning, debt recovery and tax issues.

Johnston Withers are also experts when it comes to contractual matters, including grape supply contracts, wine distribution agreements, liquor licensing matters and employment agreements. We also have the expertise in occupational health and safety, insurance, trade practices, consumer protection and dispute resolution.

Johnston Withers can attend to the practical, terroir-related aspects of the wine industry too. We are experienced in all aspects of property law including leases, boundary realignments and land divisions.

Commercial Real Estate
Housing, Construction & Development
Mortgage

Business

Johnston Withers Lawyers experienced Commercial litigation team act for a wide range of clients including individuals, small to medium enterprises (SMEs) and large corporations.

Our South Australian Commercial lawyers can help you with:

Contract & commercial disputes

We have significant experience in areas including:

  • Contract disputes
  • Partnership disputes
  • Restraint of trade
  • Enforcement of loans and guarantees
  • Insolvency
  • Australian consumer law litigation

Our experienced Commercial Team will provide honest advice about written, verbal or implied contracts and their terms, and your obligations and rights under them. Once you know where you stand, we can act on your behalf in any proceedings, including litigation or alternative dispute resolution methods such as mediation.

We understand your priority is to resolve any disputes quickly and in a cost-effective way. We will also work with you to preserve the relationships with other parties wherever possible, in order to protect your business’ long term commercial interests.

We are committed to providing honest, comprehensive and forthright advice which will achieve the best possible results. While we are highly experienced in litigation proceedings, our knowledge of Alternative Dispute Resolution methods such as mediation and negotiation can help achieve the best result in the most cost-effective way.

Business sale agreements

The sale or purchase of a business can be a complex process, with many factors to consider. Our team of experienced lawyers can assist you throughout this process to ensure the best outcome which adheres to the necessary legal requirements and fulfills your expectations.

We can assist you with preparing the contract for the sale of the business, including accounting for all assets such as business names, licences and intellectual property. In addition, we can assist you to make arrangements with regard to employment contracts (if applicable), current invoices/orders and other relevant contractual obligations. It is also important to agree on the business premises; for example it may be necessary to transfer a lease or title.

In addition, should a dispute arise, our team of experienced and effective Commercial law specialists will be able to advise and assist you.

Director/Shareholder agreements

A directors agreement is an important agreement that clarifies the relationship between the director (or directors) and the company. It outlines their obligations and responsibilities and therefore helps to minimise the likelihood of a dispute arising in the future.

The agreements can be complex, presenting an opportunity to cover a wide range of issues and eventualities. For this reason, it is advisable to seek out the advice and expertise of a legal professional who can draft the agreement.

The team at Johnston Withers is highly experienced in this field, and can provide advice about the ongoing significance of the agreement and how to ensure the obligations are fulfilled. Our Commercial Team can also advise directors on their rights, obligations and liabilities under the agreement.

Shareholder agreements

A shareholder agreement sets out the ground rules about issues that affect shareholders, who are individuals who own one or more shares of stock in a company. Although it is not required by law that a company have a shareholder agreement, it is highly recommended so as to set rules and account for possible eventualities.

Due to the need for a comprehensive agreement, there is a great deal to consider when establishing a shareholder agreement. For example, types of shares, the voting and financial rights of shareholders, the division of dividends, the process for appointing directors, the process for selling shares and the liability of shareholders if the company is in debt.

These are just a few of the issues that should be covered and demonstrate the necessity of receiving expert advice and drafting in regard to these agreements. In addition, agreements can be a complex area for individuals to navigate, and Johnston Withers can give honest and practical advice to shareholders about their rights and obligations.

Partnerships

A partnership, whereby a commercial venture is carried out by two or more people with a view of sharing the profits, is a common business structure.

This structure has significant legal ramifications and comes with duties and fiduciary obligations, such as to avoid conflicts of interest, to act in good faith and to provide account of partnership assets. In addition, each partner is usually jointly liable with the other partners for all debts and contractual obligations incurred while they are a partner.

Therefore, it is crucial to receive honest, expert advice regarding partnerships so as to protect the long term interests of your business and ensure partners are aware of their obligations and responsibilities to the company. Prior planning can minimise the chance of future disputes and account for possible eventualities.

Sometimes disputes do occur as a result of partnership agreements, for example when a conflict of interest arises or if one partner does not seem to be acting in good faith. In these circumstances, Johnston Withers can provide effective and efficient advice to help you find the best course of action.

In addition, we are strong advocates with significant experience in both litigation and alternative dispute resolution. Therefore, you can be confident that disputes will be dealt with efficiently, with an emphasis on being cost effective and preserving relationships where possible.

Leases

The team at Johnston Withers has significant experience in both property law and commercial practice, making us highly effective in providing assistance and advice regarding leases.

We have acted for both commercial tenants and landlords, drafting contracts for lease of properties, negotiating leases and also enforcing the terms of the agreement. In addition, our experienced team is effective in representing clients during disputes and finding cost-effective resolutions.

The complexities of the relevant tenancy legislation mean it is highly beneficial to engage the services of an experienced practitioner when dealing with high-value commercial lease agreements.

Mortgages

Johnston Withers has significant experience in the field of mortgages, and particularly in acting for commercial clients in this respect. Our experienced Commercial Law team can provide you with comprehensive, honest and practical advice to minimise the risk of any future disputes.

We have experience acting for large lenders but also smaller, local operators and mortgagors. We can assist in all aspects of mortgage work including documentation, registration, settlement as well as discharges and recovery.

In the event that a dispute does occur, we are highly skilled in litigation and can act effectively on your behalf. We are also highly experienced in Alternative Dispute Resolution methods such as mediation and negotiation and utilise these to find the most cost-effective resolution.

Mortgagee in possession

A mortgagee in possession refers to the lender who exercises a power of sale over land purchased by the owner who has failed to keep up with repayments. Therefore, the power is exercised so that the mortgagee’s debts are repaid.

This is a very complex area of law and not all mortgages are the same. In addition, the mortgagee in possession has a number of obligations that must be upheld whilst acting in relation to the property. As a result, it is imperative that both mortgagees and mortgagors seek legal advice specific to their situation.

Johnston Withers is highly experienced in this field. We regularly act for lenders seeking to recover against secured property. We are also able to assist homeowners, and borrowers generally, facing actions by financiers.

Loan agreements

When lending money in a personal or commercial context, it is wise to formalise the loan agreement in order to protect both your financial interests and the integrity of the relationship.

Often, loan agreements can be complicated with many factors to consider, such as repayment schedules, security and avenues for recovery in the event of a default.

Johnston Withers is highly experienced in these matters and can give you the best advice to secure most favourable outcome. In addition to providing forthright and practical advice, we can also assist you by drafting the contract to ensure your rights and obligations are clearly set out. In the event that a dispute does arise, you can be assured that Johnston Withers’ experienced Litigation and Dispute Resolution team will protect your interests.

It is important to maintain records relating to the loan, such as bank statements and copies of correspondence. If you are seeking advice about a new or existing loan, please do not hesitate to contact our team who will be able to assist you.

Trusts

Trusts are a type of legal relationship where a person (or group of people) act as trustees and hold onto property for the benefit of one or more others (the beneficiaries).

Many Australian small businesses and corporations take advantage of trusts as they can be effective in reducing tax and minimising the risk of creditors making a claim against your assets. In addition, trusts can be used to place assets out of the direct control of individuals at risk of making poor decisions in regard to that property.

There are many different types of trusts and many factors to consider in deciding whether the establishment of a trust is the right course of action. Our experienced team can advise you on this as well as act for you in establishing the trust. In addition, we can assist you on all related issues such as succession planning.

Superannuation

The law regarding superannuation can be highly complex, but is extremely relevant to both employers and employees. Superannuation contributions are mandatory for most Australians in casual, part-time or full-time work. It is therefore necessary that businesses and workers are aware of their rights and responsibilities in this regard.

Johnston Withers can assist by providing honest and comprehensive advice to commercial clients about their obligations.

We can also act for employees in superannuation matters, such as in the case of disability or permanent injury, as many superannuation funds offer insurance or assistance to their members.

Tax issues (including stamp duty/CGT)

Taxation is a complex yet crucial aspect of any commercial enterprise, and Johnston Withers’ experienced Commercial Team can guide you through to find the best options for your business. In many instances, the correct advice on issues such as structuring and timing can provide significant gains in terms of taxation.

It is important to receive comprehensive advice due to the differing forms of taxation which your company may incur, such as capital gains tax, stamp duty, land tax, income tax and payroll tax. We can take you through the costs and benefits of any course of action, so you can be assured you are making the best decisions for your business.

In particular, our practitioners are highly experienced in Stamp Duty, a state tax on the transfer of ownership of some types of property, which can be a significant outlay, and Capital Gains Tax, which is a tax on the income made from the disposal of an asset. Due to the significant financial and legal implications of this, it is highly beneficial to seek the advice of our Commercial Team in this regard.

Franchising

Johnston Withers is experienced acting for both franchisors and franchisees, so we are able to provide comprehensive advice relating to all aspects of franchising businesses, including the purchase and sale, and resolving disputes.

Franchisees

If you are considering purchasing a franchise, there are a lot of things to consider in order to decide whether it is the right decision for you. Our team of experienced Commercial lawyers will provide you with honest and practical advice so you can make a well-informed choice.

We can also assist you through the process of purchasing the business and with regard to contracts and agreements. We will ensure that your rights and responsibilities are clear, including having an exit strategy for if you decide to sell or close the business.

Franchisors

Our team is also highly experienced in acting for franchisors across a range of matters. We can assist franchisors to make agreements with regard to their business, for example by drafting franchise contracts or negotiating their terms with franchisees.

In addition, we can advise and assist in matters including poor performing franchisees, renewal and termination of agreements. Our team is experienced in alternative dispute resolution and litigation, so you can be confident that we will provide the best service for your business.

Intellectual property

Intellectual property can be extremely valuable to a business, and therefore it is important to protect your company’s commercial interests. Therefore, our team of experienced practitioners can assist you to protect or enforce your intellectual property rights.

Our lawyers have significant experience in this regard, and can provide honest and practical advice about intellectual property across a range of areas. In particular, we can assist you with regard to trade mark law, copyright law, patents and passing off laws.

Therefore, if you believe your property rights have been infringed, or that your valuable property is not protected, please do not hesitate to contact us.

Building contracts

Johnston Withers Commercial Team has significant skill and expertise when it comes to drafting and enforcing Building and Construction Contracts. We can assist in drafting the Building Contract, and also by collaborating with other professionals to ensure necessary Schedules and Specifications are included.

Given the many legal requirements for these documents, legal advice is crucial to ensuring all parties can put their full confidence in the agreement.

In the case of disputes, we can also act for parties by providing advice and also acting on their behalf in any Court or Tribunal proceedings. Our experience in alternative dispute resolution methods such as mediation and arbitration mean we can also pursue these avenues in order to come to the most cost effective solution.

Development and planning

Johnston Withers’ Commercial Team has significant experience in acting for developers, local government, state government, business owners and land owners in the area of development planning. We have a pragmatic and forward-thinking approach to all matters and will work with our clients to provide a positive outcome.

Our firm’s long history means we are well-respected and connected across many industries, and can seek out the advice of relevant experts where necessary. This is a crucial part to providing our clients with comprehensive and practical advice, as well as the best assistance through the planning and delivery stages of the project.

Due to the complex legalities and fast changing nature of environmental and planning laws, it is highly beneficial to engage the services of an experienced solicitor to assist you. Please do not hesitate to contact Johnston Withers if we can be of assistance.

We are also experienced in litigation and dispute resolution regarding development.

Bankruptcy and insolvency

Johnston Withers can assist clients in both personal bankruptcy and corporate insolvency. Our commitment is to ensure our approach is practical, efficient and cost-effective so as to achieve the best results for our clients.

When acting in insolvency matters, our experienced Commercial Team can provide expert advice and also act in line with relevant legal requirements and obligations. Our experience also enables us to communicate effectively with relevant third parties such as liquidators or creditors. Specifically our team has significant experience in the following matters:

  • Voluntary administrations
  • Liquidations
  • Receiverships
  • Providing advice to creditors, directors and external administrators
  • Debt restructuring

With regard to personal bankruptcy, we understand the stresses of this time and will work to minimise these and enable you to get back on your feet as soon as possible.

Succession planning

Succession planning is important to ensure the ongoing security of your assets. For commercial clients, this can be especially important and complex, therefore requiring expert advice from lawyers with experience providing tailored solutions for individuals and families.

When considering how to best protect your interests, Johnston Withers’ Commercial Team will consider the full range of factors including your business’ position, strengths and weaknesses and the directors’ goals and aspirations for the business. This will allow us to provide comprehensive advice in regard to exit strategies, taxation implications and asset protection.

Family succession planning and business succession planning often overlap but should both be considered fully. For more information about family succession planning, click here.

Wine law

The law affecting the wine industry is wide ranging and encompasses a variety of specialised areas. Johnston Withers can assist by providing honest and comprehensive advice to our wine industry clients about their obligations – be they vignerons, wine makers or company executives.

We regularly assist our primary producer clients with business structuring and re-structuring, including corporate set up, succession planning, debt recovery and tax issues.

Johnston Withers are also experts when it comes to contractual matters, including grape supply contracts, wine distribution agreements, liquor licensing matters and employment agreements. We also have the expertise in occupational health and safety, insurance, trade practices, consumer protection and dispute resolution.

Johnston Withers can attend to the practical, terroir-related aspects of the wine industry too. We are experienced in all aspects of property law including leases, boundary realignments and land divisions.

Franchising
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