Business Registrations Required in Australia

Starting a business in Melbourne generally involves several registrations and compliance steps.

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Australian Business Number (ABN)

Most businesses require an ABN to operate legally and issue invoices.

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Company Registration

If operating through a company, registration with ASIC is required. Directors must also comply with ongoing obligations under the Corporations Act.

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Business Name Registration

If trading under a name other than your personal or company name, the business name must be registered.

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GST Registration

Businesses exceeding the GST turnover threshold must register for GST.

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Industry Licences and Permits

Certain industries require additional licences, permits or regulatory approvals, including:

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• Food businesses

• Construction

• Financial services

• Childcare

• Health services

• Franchising

• Import/export businesses

Failure to obtain proper licences can expose businesses to penalties and enforcement action.

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The Importance of Proper Business Contracts

One of the most overlooked legal requirements for new businesses is contract protection.

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Many startups operate using informal agreements, verbal discussions or online templates that fail to adequately protect the business.

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Proper legal documentation helps reduce disputes, clarify expectations and protect commercial interests.

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Key Contracts Every New Business Should Consider

Client or Service Agreements

Well-drafted client agreements establish:

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• Scope of services

• Payment terms

• Liability limitations

• Intellectual property ownership

• Dispute resolution procedures

These contracts are often the first line of defence against unpaid invoices and contractual disputes.

Supplier Agreements

Supplier contracts should clearly define delivery obligations, pricing, warranties and termination rights.

Shareholder Agreements

Where multiple owners are involved, shareholder agreements are essential.

These agreements typically address:

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• Ownership rights

• Voting powers

• Profit distribution

• Exit mechanisms

• Deadlock resolution

• Share transfer restrictions

Many costly disputes arise because founders fail to formalise arrangements early.

Employment Agreements

Businesses employing staff must comply with Australian employment laws, awards and workplace obligations.

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Proper employment contracts assist with:

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• Role expectations

• Confidentiality

• Intellectual property protection

• Restraint provisions

• Termination processes

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Employment Law Obligations for New Businesses

Hiring employees creates immediate legal responsibilities.

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Business owners must comply with:

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• Fair Work obligations

• Modern awards

• National Employment Standards

• Superannuation requirements

• Workplace health and safety laws

• Payroll and taxation obligations

Incorrect employee classification, underpayment issues and unfair dismissal disputes can create substantial liability for new businesses.

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Legal advice before employing staff can significantly reduce compliance risks.

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Intellectual Property Protection

Many businesses fail to protect their intellectual property properly during the startup phase.

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Important intellectual property considerations include:

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• Trade mark registration

• Brand protection

• Website terms and conditions

• Copyright ownership

• Confidential information protection

• Software and digital asset ownership

Registering a business name alone does not provide proprietary ownership rights over a brand.

Businesses investing in branding, online marketing or digital products should consider trade mark protection as early as possible.

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Privacy and Website Compliance Requirements

Most businesses now collect customer information through websites, online forms, bookings or marketing campaigns.

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Australian privacy laws may require businesses to maintain compliant:

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• Privacy policies

• Website terms and conditions

• Cookie disclosures

• Data handling procedures

E-commerce businesses also require properly drafted consumer law terms and refund policies.

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Failure to comply with Australian Consumer Law obligations can expose businesses to regulatory action and customer disputes.

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Buying a Franchise vs Starting an Independent Business

Many entrepreneurs consider franchising instead of building a business from scratch.

While franchises can offer established branding, systems and operational support, franchise arrangements involve significant legal obligations.

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Franchisees are commonly required to comply with:

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• Franchise agreements

• Operational manuals

• Ongoing fees and royalties

• Marketing levies

• Territory restrictions

• Restraint clauses

Franchising in Australia is regulated under the Franchising Code of Conduct.

Before entering a franchise, obtaining legal advice is critical to understand:

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• Financial obligations

• Exit rights

• Renewal provisions

• Termination risks

• Dispute procedures

Our Melbourne Franchise Lawyers advise both franchisees and franchisors on franchise agreements, compliance and franchise disputes.