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The Legal Shop

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Nunawading, VIC
The Legal Shop

We are a modern Australian law firm specialising in businesses, online shops and IT platforms.
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The Legal Shop is a modern Australian law firm that specialises in providing legal services to businesses, online shops and IT platforms. Our expert lawyers have worked with businesses large and small, from international ASX-listed Australian brands to growing start ups. Whether you need help with setting up your new business, drafting contracts, protecting your branding, or day to day legal revie

w and advice, we are here to help. Contact us today to schedule a free consultation and take the first step towards protecting and growing your business.

11/05/2026

Starting a company with others is an exciting venture, but before any operations start, it is essential to have a corporate constitution. This document outlines the internal management of your company, meaning that the corporate constitution can look different for every company.

Here are a few starting tips 👉

✅ The Corporations Act 2001 (Cth) has a ‘default constitution’ in the form of the Replaceable Rules. While it’s tempting to just use these for your constitution, these may not be appropriate for your business’ unique situation.

✅ Your shareholders are the owners of the company. If you have a vision for the company, you might like to limit the ways that people can become shareholders, so that your direction remains uniform.

✅ If you’re sole director and shareholder, a different set of mandatory rules apply to you, not the Replaceable Rules!

Read more in our blog post (link in bio) or contact us for a free, no obligation quote.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

04/05/2026

With some retailers in hot water from the ACCC about their advertised prices, we’ve gotten more questions about what makes a sale or discount genuine and substantiated. Advertising a sale is an effective sales tactic, but it comes with its own rules! Adhering to the Australian Consumer Law not only avoids fines, but also protects your business’ reputation.

Use these tips below to avoid breaching the ACL:

When writing your sale’s price displays:
✅ The advertised sale price cannot actually be the normal price.

✅ The original price displayed must have been charged for all goods/services of that type for a “reasonable” amount of time.

There are no loopholes to this rule! The ACL prevents businesses from marking up a product for a few days in order to present a ‘discount’. This also includes charging a higher price for a handful of units before discounting. The original price must reflect what you genuinely charged for a reasonable time across all goods or services of that type.

✅RRP comparisons must be accurate.

Even if other businesses sell at the RRP, you must have sold the product at that price for a reasonable period before using it as a comparison. Otherwise, referencing the RRP could mislead consumers and breach the ACL.

✅ Make sure the displayed ‘original price’ is the correct one.

Double-check that the price you’re comparing against is accurate and reflects your actual pricing history. Misstating the original price can be considered deceptive, even when done by accident!

✅ The sale must be for a limited period of time.

To advertise a sale, it must be for a specified limited period of time. If it’s actually marked down for an extended period of time, it may be considered a new selling price. This would be misleading if promoted as a temporary sale.

For help with the legal compliance of your advertisements, contact us for a free, no-obligation chat.

27/04/2026

Running a digital product store, such as an Etsy or Shopify store as a side hustle can be a great way to make extra money in addition to your primary job. Though these platforms can help you to easily set up your side hustle – remember, it is a business! Swipe for some tips 👉

‼️ Avoid intellectual property infringement—check that your digital products don’t infringe on copyrights, trademarks, or patents.

‼️Protect your customers’ data! Comply with Australian privacy laws: safeguard any customer data collected and clearly communicate your privacy practices through a privacy policy.

‼️Ensure your terms of use and disclaimers are sufficient and suited for Australian law, especially if the platform you use provides default T’s and C’s for you!

For help with your small business’ contracts, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

20/04/2026

Drafting or selecting terms and conditions can be extremely intimidating for small business owners. However, using an online template without consulting a lawyer to tailor it for your business’ specific risks can lead to confusion, disputes or liabilities later on.

Your terms and conditions are a contract that lay out the rights and obligations of both you and your clients or customers. Depending on the type of business you have, they can govern how everything in your business operates including:
👉 who owns intellectual property in your website
👉 how online shopping on your website works
👉 how your clients pay you
👉 how cancellation or termination works
👉 Your policies, including privacy policy or refund policy.

By using an online template, you don’t get to choose these key terms. It’s like letting a stranger decide how your business works without any knowledge of it! Imagine having no say in when your client is supposed to pay, or having no way to get out of an unfavourable contract.

Even if you are careful in terms of the commercial details in the template, there are often complex legal concepts that should be considered in drafting, including:

❗How different laws interact with each other and apply to your circumstances (e.g. when does the Australian Consumer Law and state-based Goods Act apply?)
❗How overarching laws such as unfair contract term laws and the Australian Consumer Law might apply to your drafting
❗Understanding the “legalese” in liability, indemnity and intellectual property clauses

As a small business owner, you want to work in a way that suits you, so tailoring your terms and conditions to your business’ specific needs is essential. It’s best to consult a lawyer who can help guide you through customising your terms and conditions for your business.

For help with drafting your terms and conditions, contact us for a free, no-obligation chat.

13/04/2026

For small businesses, the more you grow, the more contracts you have to read and sign. Sometimes agreements are arranged verbally, by email, or through instant messaging, and may not have a formal contract.

However, as lawyers, we always recommend you have proper legal contracts in place. Relying on handshake deals or verbal contracts can mean that your suppliers, clients, or employees aren’t bound to continue working with you, or work with you in the way that your agreement intended.

So what can you do with an unsigned contract? Can you still enforce it?
Unfortunately, the answer is: it depends.

Generally, a contract needs:
- Agreement. One party ‘offers’ to enter an agreement, and the other party ‘accepts’. A signature is concrete evidence of acceptance, which is why it is so important for enforcing a contract - a verbal or handshake arrangement blurs this line.

- Consideration. This is an exchange between the parties when making a contract. What are you doing for/giving to the other party in exchange for them giving/doing something for you?

- Intention. The parties must have an intention to be legally bound by the contract. Compare this to a promise to buy a friend a coffee, which does not have this intention. A signature is also evidence of intention.

Also consider:
- Have you and the other party been acting as if there is a signed contract?
- Are conversations between you and the other party clear enough that an objective third party could say that there was an intention to enter a contract?
- If you sign a contract later, is there an entire agreement clause? This prevents any previous actions or conversations from being considered as part of the contract.

Best practice is to always have a signed contract reviewed by a lawyer before carrying out the agreement to reduce risk of dispute about existence of a contract in the first place.

For help with your business contracts, contact us for a free, no-obligation chat.

06/04/2026

Managing missing payments on top of your regular operations can be extremely tough and confusing. By setting up clear procedures for payment and record-keeping, you can minimise missing payments and keep debt recovery simple.

Note that different legislation may apply depending on your circumstances. Considering this, it’s best to get legal advice to minimise missing payments and avoid breaching debt collection laws under the Australian Consumer Law (ACL) and in some circumstances, the National Credit Code (NCC).

For help with payment terms and pursuing missing payments, contact us for a free, no-obligation chat.

30/03/2026

We often see clients come to us having used AI for their legal documents. It’s understandable; drafting or selecting terms and conditions can be extremely intimidating for small business owners.

However, purely using AI for your legal documents can lead to issues, disputes or liabilities later on, even if it looks polished on the surface. Why is this?

It’s common knowledge that AI legal documents are based on existing legal documents. This means that your legal documents aren’t going to be tailored towards your specific situation. There are often complex (or even basic!) legal concepts that AI can omit or draft incorrectly, including:

💻 Whether the document uses laws from the correct jurisdiction. Laws can differ both interstate and internationally, so it’s crucial that your documents are cohesive.

💻 Whether the materials that trained the AI are up to date. Out of date documents can both leave you underprotected or in breach of current law.

💻 How overarching laws such as unfair contract term laws might apply to your drafting

💻 Whether it hallucinates laws!

And because AI can look so polished, you might miss errors that an experienced lawyer will pick up on instantly.

Your legal documents lay out your rights and obligations so that your business is protected. That's why tailoring your terms and conditions to your business’ specific needs is essential. It’s best to consult a lawyer who can help guide you through customising your terms and conditions for your business.

For help with drafting your legal documents, contact us for a free, no-obligation chat.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

09/03/2026

Your returns policy can help your customers feel safe and confident in their purchase. However, your returns policy must comply with Australian Consumer Law, otherwise you could risk infringement notices and penalties from the ACCC! Swipe for some tips 👉

✅ Know which consumer guarantees apply to the kind of goods or services that you provide

✅ Consumer guarantees automatically apply to your goods and services, and this can’t be denied or restricted in your returns policy

✅ Standards for consumer guarantees can differ between goods and services. For example, a cheap vacuum cleaner may not be held to the same standard as a high-end one.

For help with your returns or refund policy, contact us for a free, no-obligation quote.

02/03/2026

If your business sells goods, then deliveries to customers form a crucial part of your operations. However, it can be difficult to determine where you become liable for damaged, lost or stolen goods in transit.

There are two legal agreements that can affect your liability for goods in transit. One is your agreement with your customer, which will include a delivery clause about their particular purchase. Second is your service agreement with your delivery company, if you’re not delivering the goods yourself.

Done correctly, these agreements will protect your business from liability for and give your customers peace of mind when buying from you. Here’s some things to think about:

✅What will the delivery process will look like? Take care in relation to international deliveries, as they can result in surprise costs! Consider:
- Where do you offer shipping to?
- Which third party companies are going to deliver the product?
- How long will the shipping take?

✅ Think about where liability transfers between yourself and other parties. When are the goods considered ‘in transit’ or ‘delivered’? This can provide a clear line as to when you are liable for goods in transit versus your delivery company or customer.

✅ What level of insurance will you need, and for when? For example, if you have an international supplier, and risk transfers before transit and prior to delivery, then you will likely need insurance as you won’t have physical control over the goods at that point.

✅ To avoid disputes about responsibility for damaged or lost packages, consider tracked delivery with signature and insurance cover.

✅ If goods are damaged or lost in transit, you will generally still be liable to the customer under Australian Consumer Law, not the delivery company! This may be further complicated if the package is marked as delivered, in which case the customer will need to check with the courier.

For help with delivery clauses and agreements, contact us for a free, no-obligation chat.

18/02/2026

Did you know? When you use AI to create text, images or code, the AI platform may retain rights over the content they generate, or limit how it can be used commercially.

Aside from the platforms, it might also be difficult to establish copyright over AI-generated visual designs and text. This means that it can be tricky to enforce your rights to content if copycats emerge!

Before relying on AI-generated materials, check the platform’s terms of use.

Consider whether you need legal advice to protect your intellectual property or determine if the AI platform is suitable for your purposes.

This content is provided for informational purposes only and does not constitute legal or financial advice. We do not make any representations as to the accuracy or currency of the information. The information provided does not take into account your specific situation. If you would like advice for your circumstances, please contact us.

11/02/2026

Before purchasing a business, make sure to conduct due diligence to assess whether it is the right decision for you. Having a qualified lawyer help you with the legal due diligence is crucial to avoid expensive mistakes.

🔑 Tips:
✅ Understand the business’ performance and future potential. This includes:
- Collecting information from current and past customers and suppliers
- Analysing the position of the business in the market against its competitors.
- Asking the owner their reasons for selling the business in case they pursue another business that may compete with yours
- Looking for any ongoing litigation that could have you paying damages for disputes you had no part in.

✅ Assessing the assets of the business you’re purchasing and make sure you’re getting what you pay for!
This includes the quality and quantity of equipment, inventory, location, intellectual property, and more.

Have a lawyer assist to help you consider Personal Property Security searches on the business and its assets, to check ownership of the assets, otherwise a third party might try to claim ownership of assets that you purchased.

✅ Know what contracts the business currently has and how it will affect your work in starting operations.
This includes supplier contracts, ongoing sales/client/service contracts, employment contracts, and leases.

Overarching question: Are you buying physical assets, customer lists or brand value? If any of these items don’t have legal backing (for example, binding customer contracts or a registered trade mark), then it is worth reconsidering the risks and purchase price.

For help with purchasing a business, contact us for a free, no-obligation quote.

Address

PO Box 622
Nunawading, VIC
3131

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Telephone

+61493712885

Website

https://thelegalshop.com.au/

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