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Business structure matters

Business structure matters. A sole trader is an individual who is personally liable for the business. This is the most cost effective and simple structure. However, it does not easily accommodate for future growth, allow for flexibility, protect personal assets, or provide the tax benefits of other structures.

A partnership is two or more individuals or entities conducting a business together. Although a partnership offers more flexibility than a sole trader structure, the partners are  still personally liable for the business. The extent of the liability depends on whether the partnership is a general partnership, a limited partnership, or an incorporated limited partnership. A partnership can also be a partnership of companies, discussed below.

We advise clients on the risks and benefits of the sole trader and partnership structures.

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Company

A company is a separate legal entity. A company in its own legal capacity has the same rights as a natural person, meaning that the directors and shareholders are not liable for the company’s debts and liabilities. A company is regulated by the Corporations Act 2001 as well as a constitution or replaceable rules (if any). The legal relationship between its shareholders is governed by a shareholders agreement.  We advise clients on companies.

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Trust

A trust is a business structure where the trustee holds property or income for the benefit of its beneficiaries. Trusts are an appealing structure for the purposes of asset protection, tax minimisation, and reduction of individual risks. The trustee of a trust, either an individual or an entity, is responsible for managing the trust as well as distributing its income and capital to the beneficiaries. If the trust is discretionary, the trustee will have discretion to decide how to distribute the income and capital. We advise clients on trusts.

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High quality legal services, clear advice, transparent legal costs

We are straight talking lawyers who act with integrity, show compassion to our clients, and fight for them tirelessly.

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Direct access to your lawyer and industry experts

Our clients can expect to deal directly with the lawyer acting in their case, to understand the legal advice they receive, and to have access to expert industry knowledge and the best legal thinking.

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Culture of collaboration and mutual respect

Given our firm’s informal internal culture which values collaboration and mutual respect, we offer our clients a comfortable, supportive, and judgement free environment.

What do our clients say?

Jenny FlemingJenny Fleming
00:37 23 Feb 22
Matthew Elvin and his team from Elvin Lawyers come with the highest recommendation for their professionalism, expertise and unwavering commitment to their clients. Matthew Elvin specifically takes the time to listen to your legal issue, evaluate, present options with realistic expectations and keep you constantly updated.Elvin Lawyer's success is having a great office team that balances a high level of legal expertise with empathy and kindness for the client.Thank you Matthew for your tireless commitment to our legal matter and congratulations on representing an outstanding legal practice.
Cathy BinningtonCathy Binnington
03:37 14 Jan 22
We had a good experience with Elvin Lawyers - Jason was a very thorough and thoughtful lawyer.
Rohan ManuelRohan Manuel
03:45 02 Nov 21
Very happy to show our support for this firm. They are very knowledgeable, professional and good people to work with.
Paul GreensteinPaul Greenstein
05:53 02 Sep 20
We've employed Elvin Lawyers on two occasions, and in both cases they have been very professional, friendly and accommodating. Highly recommended.
Alison DwyerAlison Dwyer
02:31 20 Apr 20
A thoroughly professional lawyer. Most importantly kind, empathetic and driven to get the best outcome for the client. I would have no hesitation in using the services again.
JcalJcal
04:54 09 Apr 20
I worked with Skye Wilde for my family law matter and she was fantastic to work with. She was kinda and courteous, always approachable, and always prompt in getting things done. She also gave us realistic advice on how to proceed after the case was completed.(Posted on behalf of my mother)
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callum shearercallum shearer
10:36 14 Feb 22
Great service, easy process preparing power of attorney. I'm happy to recommend Elvin Lawyers
Corinne DavisCorinne Davis
21:22 13 Feb 22
Elvin Lawyers provided excellent service while supporting me with a work dispute. They helped me through the process and negotiated on my behalf. I couldn't have done it without them.
Dan MeehanDan Meehan
11:58 10 Feb 22
Elvin lawyers recently prepared our Wills for us. They went above and beyond, really taking the time to explain legalities and what this means for our family. We found the whole process to be professional, timely and clear. We will definitely be using their services for any legal matters in the future. Thank you!
Travis HobbsTravis Hobbs
02:06 10 Feb 22
I had a difficult legal matter and Matt and his team were responsive and provided excellent advice at a reasonable rate. I was very happy with the outcome and the costs were explained to me upfront and I didn't have a heart-attack when I saw the bill. It was also nice to have a local lawyer that actually returned my calls. I would definitely recommend Elvin Lawyers.
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