What is involved in establishing a business in Australia?

To establish a business in Australia, you may need to:

• Register your business name
• Incorporate a company
• Register your business for taxation purposes

Depending upon the nature of the business you want to conduct in Australia, you may also have to obtain licences or permits. Hawthorn Cuppaidge & Badgery Lawyers has highly experienced Business Lawyers who can help you with this process. To find out more, please contact us

What type of business structure should I have?

An important decision you need to make when starting a business is choosing the business structure that best suits your needs and budget. There are four main types of business structures commonly used in Australia:

• sole traders
• partnerships
• trusts
• companies

How do I register a business name?

Any company or individual carrying on business under a name other than the company or individual's own name must register that name in the Australian State or Territory in which the business trades. Registration of the business name is based on the availability of the name.

You can check the availability of your proposed business name,  free of charge, by visiting the Australian Securities and Investments Commission (ASIC)'s 'National Names Index'

You should also ensure that your proposed business name does not infringe any Trade Mark by checking with IP Australia

How do I incorporate a company in Australia?

Application for incorporation (to become a company) is made to the Australian Securities and Investments Commission (ASIC). On registration, each corporation is allocated an Australian Company Number (ACN), a unique identifying number.

How do I register my business for taxation purposes?

All businesses intending to trade in Australia must register for taxation purposes by obtaining an Australian Business Number (ABN). Your ABN is unique to your business and is important in your dealings with other businesses and government agencies.

Once your business turns over more than $50,000, you will also need to register for Goods & Services Tax (GST). To obtain input tax credits for GST purposes, your business must have an ABN number.

What will my obligations as an employer be?

As an employer, you have certain legal obligations to your staff. You must register with the Australian Taxation Office, pay wages according to any relevant State of Federal award, keep employment records, comply with occupational health and safety requirements, comply with employment terms and conditions, pay superannuation contributions and withhold tax.

Hawthorn Cuppaidge & Badgery Lawyers are experienced in a range of business structure and transaction matters and can give you detailed advice as to these requirements.