Macpherson+Kelley Lawyers Macpherson+Kelley Lawyers
Macpherson+Kelley Lawyers

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M+K provides a full range of commercial legal services
Information about our services is arranged under the following nine service categories, which you can access by clicking the headings below. Alternatively, to view a full list of technical and industry expertise M+K provide click here »

Service categories:

business contracts + advice

corporate, mergers + acquisitions

corporate reconstruction + insolvency

employment + industrial relations

family law

intellectual property + trade

litigation/dispute resolution

property + construction

tax + superannuation

transport + commodities

wills + estate planning

Macpherson+Kelley Lawyers
Macpherson+Kelley Lawyers

industry focus » factory franchised or prestige motor dealers



motor dealers

With a long history in the industry and acting for some of the largest players, we understand your industry and the issues that affect you and your dealership.

We provide a range of services tailored to your needs including whether you are: Key members of our team are: For the latest legal developments that affect your industry, our Motor Dealer Updates will keep you informed. Click here.

We also hold seminars and functions throughout the year which many of our clients have attended. We will let you know when they are happening so you can come along.


Buying an existing or establishing a new Dealership

Whether you are looking to purchase a new franchise or purchase an existing franchise, our team is experienced in advising people like you and assisting you through the process, undertaking several every year.

When purchasing a business it is important to have the right business structure in place from day one. Otherwise there may be unexpected tax and other consequences further down the track. We can help you find the structure that is right for you.

We understand the issues that are peculiar to Motor Dealerships and will guide you through the process to make it as easy for you as possible while at the same time ensuring you get what you pay for and minimise potential risks. This means having appropriate conditions precedent in place, protective vendor warranties and fair adjustment mechanisms so you don´t get caught out.

M+K contacts
James Sturgess, Principal
Terry Kokkinos, Principal


Selling a Dealership and dealing with succession

When selling a business, agreeing on the price is only half the task. Getting the contract right is key to ensuring a smooth handover. We can assist you with preparing the contract and can understand the transition process.

Our contracts are consistent and compatible with the form of Heads of Agreement typically used in the industry. This means that we can prepare contracts quickly and efficiently and streamline the negotiation process.

Dealing with succession can be a lot more complicated that merely handing over the keys to the next generation. There are a range of issues that need to be dealt with, including structuring the buyout, sorting through the control and decision making options in the transition and, of course, avoiding unnecessary capital gains tax. We can help you put the right structure in place so that your transition to retirement or merely out of the business is as smooth as possible.

If you are transferring your business to the next generation or key staff, we can guide them through the process and advise them in relation to their obligations.

M+K contacts
James Sturgess, Principal
Terry Kokkinos, Principal

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Buying, Leasing or Developing Property?

If you are thinking about moving premises and considering leasing or buying, or if you are already a tenant, we can advise you. Prior to signing a lease it is important to check for clauses such as rectification clauses that required you to return the property to the condition it was in when you took possession. It is also important to be aware of any planning restrictions as this may impact or any developments you can do to the property.

M+K contacts
Peter Mason, Principal
Terry Kokkinos, Principal


Dealership and Business Agreements

We are often asked by dealers to advise on their rights and obligations under their Dealership Agreements, including by dealer groups. Also, where there are multiple owners of a business we advise business owners about how to operate in that environment. We advise dealers on:

  • dealer agreements
  • finance and lease agreements
  • introducer agreeements

authorised respresentative and agency agreements

M+K contacts
Sven Burchartz, Principal
Robert Downing, Senior Associate


Customers – Vehicle, Service and Parts

Even with the best of intentions, disputes arise with customers over the features of the vehicle they are buying, the scope of the service to be undertaken or the quality of parts. If you are faced with these issues, we can advise you of the most cost effective way of resolving them.

We can also assist you with complaints raised by government authorities such as the ACCC, Consumer Affairs and the Business Licensing Authority.

M+K contacts
Robert Downing, Senior Associate


Employment Issues

Dealerships employ people in a variety of roles. Complying with the governments ever changing laws can be a challenge. We can ease the burden through providing strategic advice.

M+K contacts
James Sturgess, Principal
Sam Eichenbaum
, Principal

Taxation and structuring your business

There is no need to pay more tax than required by law. Sounds simple, but it is amazing how many people pay more, purely because they are not aware of the taxation structuring that is available and allowed by the tax office. We can work with you to develop a business structure that is right for you.

M+K contact

Rob Warnock, Principal
Peter Laverick, Principal

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