Business & Commercial
Corporate advice can concern how an entity is governed, how ownership changes or how a transaction is structured. A merger or acquisition may involve buying shares, acquiring assets or another arrangement with different practical implications.
General information only — not legal advice. This Australian overview is not a statement of every state or territory’s law. Check the jurisdiction and current requirements with an appropriately qualified adviser.
A company’s obligations are not identical to those of its directors or shareholders. The transaction structure affects what needs to be investigated and documented. Ask how legal due diligence, approvals and specialist tax or competition input will be coordinated.
Organise the following material you already lawfully hold. This is a preparation list, not a complete evidentiary requirement. Ask the verified adviser what they need and how to send it securely.
Keep originals and dates intact. Use a short initial enquiry for a conflict and suitability check before sending sensitive documents.
Identify the entity, decision-makers, ownership structure and transaction or governance question. Ask the lawyer to distinguish advice to the company from personal advice to directors or shareholders. Provide the governing documents and latest proposal so the first review can identify required investigation and separate interests.
A unanimous informal conversation does not establish that all documentation or approvals are complete. Ask which decisions must be properly recorded and which related tax, financial or regulatory questions need separate assessment.
What transaction structure is proposed and whose interests does the adviser represent?
Ask the adviser to explain the assumptions behind the answer, any missing information and what would change the proposed next step. You can request an initial assessment without assuming that full representation is included.
Do not assume that is included or appropriate. Explain your role and ask whom the firm represents. You may need independent advice where your interests differ from the company’s or another participant’s.
Compare the defined work and exclusions, not just the initial price. Ask about GST, third-party expenses, later stages and what happens if the scope changes. Our legal fees guide explains useful questions, and the comparison worksheet helps record proposals.
For a related legal task, read commercial litigation. Use both sets of preparation questions if your enquiry spans the two tasks.
Define the work before comparing the fee
Identify the business entity, the commercial objective and the stage of the transaction or disagreement. An owner’s personal position, a company’s interests and another participant’s interests may require separate advice.
Mention connected issues when you enquire. One engagement may not cover every part of your situation.
Use these primary resources for background and current pathways. A state-specific resource is an example for that jurisdiction, not a rule for all Australia. Broad regulator and tribunal links do not establish your eligibility or a legal entitlement.
Australian corporate regulation and business information.
Business-purchase due diligence; not a review of a particular transaction.
Our document lists, questions and examples are original editorial preparation prompts. Follow the relevant authority for current requirements and seek individual advice before acting.
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