we help you
Insolvency & Bankruptcy
Small Business Advisory
Grauf O'Brien Lawyers can create a structure for your family or your business that, maximise asset protection and minimises taxation expense.
We can work with your other advisors to ensure that the structure we propose best suits your needs and is managed appropriately moving forward.
In our experience, it is best to build for the future when creating a structure, so seek advice early in your business's or family's asset acquisition stage.
However, combined with our Insolvency & Bankruptcy experience, we can formally restructure your business or family asset position in the event they are exposed to risk.
Amongst other things, Grauf O'Brien Lawyers are experienced in:
Special Purpose Vehicles;
Deed's of Company Arrangement and Voluntary Administration;
Asset licensing in compliance with the Personal Property Securities Act 2009; and
We get it. Insolvency & Bankruptcy is one of the most competitive areas of law. So why Grauf O'Brien Lawyers?
Well, here is a short (but very compelling) list of reasons why you should choose Grauf O'Brien Lawyers over our competitors:
We have low, flexible fees. Other firms need to satisfy substantial overheads which are not necessary for Grauf O'Brien Lawyers to offer you our legal services. For this reason, Grauf O'Brien Lawyers can afford to offer you lower prices and more flexible payment arrangements. Click here for our flexible options.
We have post-graduate qualifications in Insolvency & Bankruptcy. Solicitors undertake the Australian Restructuring Insolvency & Turnaround Association ("ARITA") education program. With that said, we note that our solicitors are no longer members of ARITA.
We are insured and regulated as a firm of solicitors. Often our competition is not regulated at all. If our service standard is not up to scratch, it will be reviewed by the Queensland Law Society amongst other bodies.
We act for companies, directors and shareholders in circumstances where there is a concern that the business is trading whilst insolvent, which is a breach of directors duties.
We can provide advice on the various forms of insolvency appointments including, voluntary administration, receiverships, and liquidations. We can even provide introductions to insolvency practitioners to take an appointment if necessary.
We also act for insolvency practitioners. This places Grauf O'Brien Lawyers in good stead to provide advice in situations where an insolvency practitioner, like a liquidator, is suing you for insolvent trading, uncommercial transaction, preference payments or asserting assets have vested under the Personal Property Securities Act 2009 notwithstanding you might have title to them.
If you have a delinquent debtor that you wish to place into liquidation, we can assist there too!
If you are personally suffering financial hardship or are involved financially with a person who is bankrupt, then we may be able to assist.
Grauf O'Brien Lawyers can provide you with advice as to the alternatives of bankruptcy, including personal insolvency agreements (Part X Agreements) , and debt agreements (Part IX Agreements). Grauf O'Brien Lawyers can also assist in preparing debtors petitions to declare bankruptcy voluntarily.
As we often act for the Trustee's in Bankruptcy, we can assist in providing advice as to compliance during the period of your bankruptcy and the vesting of particular assets in a bankrupt estate.
Generally speaking, we have seen it all before!
Our business model is designed so that we can provide advice to small businesses on the legal aspects of their day-to-day operations.
Grauf O'Brien Lawyers relies on its experience in building businesses and aiding failing or struggling businesses and offers an "in-house counsel" service to organisations that may need the extra assistance, however cannot justify the cost of a full time in-house lawyer.
The small business advisory services offered by Grauf O'Brien Lawyers can be completely customised to your particular needs.
This service offering is ideal for:
Implementing particular projects with a start and end date;
Negotiations with key stakeholders, including landlords, banks, or key creditors;
A sale or purchase of a business or key assets; or
Effectively, Grauf O'Brien Lawyers will work along side your business to provide it with the commercial legal support your business might require from time to time.
The commercial acumen of Grauf O'Brien Lawyers sets it apart from its competitors, with solicitors holding additional qualifications and experience in ISO 9001, tertiary business management and marketing qualifications and experience in business outside the legal profession. Grauf O'Brien Lawyers have a broad understanding of your operational environment and can communicate on terms that you understand.
Real Estate Lawyers
Grauf O'Brien Lawyers has a lot of Real Estate experience. It's founding partner, Dane Grauf, used to be a principal of an agency within a major real estate franchise group.
Also, a lot of our current client base are real estate offices.
With the knowledge and experience of how a real estate office works, how they grow, and the problems that they can sometimes have, we can work with principals and independent contractors a like to streamline their process and transactions. For example, we act in the purchase and sale of rent rolls, the sale or part sale of businesses, the necessary partnership or shareholder agreements and also the entry into office leases. In fact, we can restructure your entire operation from the ground up if you need to!
Also, with our Property Transaction service (see below), we offer a tag along service to agents to provide conveyance services to their vendors so as to ensure the vendors are best protected and the sale has the best opportunity to settling. This premium service guarantees that a solicitor will be handling the day-to-day management of the conveyance rather than delegating the transaction to a paralegal or off shore.
To provide a complimentary service of our Business Structuring, Insolvency & Bankruptcy, and Real Estate Lawyer service, Grauf O'brien Lawyers acts for clients in Property Transactions.
Today's real estate market is uncertain. Buyers' positions change or they get cold feet. This can lead to creative contractual interpretations that ultimately result in a buyer getting out of a contract and perhaps even retaining their deposit.
Sellers, when listing their property, seek to have the best agent in their market place represent their property to the market. This is to protect their interests and maximise the value in the property. Also, selling ones property is often described as one of the most stressful things someone can go through besides serious illness or death, or a divorce. Therefore, it is important that the level of service and professionalism of an agent reflects these circumstances.
For similar reasons, it is important that Sellers retain a quality solicitor to act in their conveyance. Not only is it important that a solicitor, and not a paralegal, has carriage of your matter, but it is also important that your legal representative is not so overloaded with high volume work that they cannot provide you with the standard of service one expects when entering into a transaction of such significant value.
Grauf O'brien Lawyers does not do high volume conveyancing. They do not delegate conveyancing matters to paralegals nor do they outsource it offshore.
Whilst we act for Buyers as well, Grauf O'Brien Lawyers offer a premium service to Sellers of residential property with an emphasis on service and quality.
Also, Grauf O'Brien Lawyers take instructions in leasing matters (Commercial Leases and Retail Shop Leases).
How we can assist:
Acting for Sellers of Residential Property
Acting for Buyers of Residential Property
Retail Shop Leases (Acting for Lessor or Lessee)
Commercial Leases(Acting for Lessor or Lessee)
How we can assist:
Structuring Real Estate practices
Rent Roll sale and purchases (including assisting in the financing of the same)
Business sale and purchases
Independent Contractor and Employee management