Essential considerations when starting a business

Starting a business can be exciting, but also overwhelming and challenging if you have not properly prepared for your new venture!

This guide will take you through some essential considerations of starting a business.

Business plan

Business plans are vital if you want your business journey to start on the right track! You don’t have to start with a comprehensive plan, you can write a one page plan that’s succinct and easy to understand. Keep in mind, however that if you intend to apply for funding, you will need a longer and more comprehensive plan.

A business plan should include your target market, potential customers, competitors, income and expenses. It can also include your business idea and why investors should invest in your business, if applicable.

Business structure – protection

It is important to choose your business structure wisely as it will affect how much tax you pay and what laws will apply to you.

The main types of business structures include;

    • sole trader,
    • partnership, and
    • company

Your choice of structure will affect your administration burden, tax, legal status, and ability to raise money through selling shares.

We recommend you speak to one of our experienced lawyers to discuss pros and cons of different business structures to determine the most suitable structure for your needs.

Registrations and licences

There may be licences and permits you will need in order to conduct business activities or help protect your business and employees. Licensing and permits usually vary between states, local laws, and industry.

The licences and permits you need will depend on your:

    • business type
    • business activities, and
    • business location

You can find all the licences and permits needed for your business on the Australian Business Licence and Information Service (ABLIS) website.

If you are confused and unsure exactly what registration and licence requirements apply to your business, we recommend you speak to one of our experienced lawyers.

Insurances – protection

Before choosing an insurance policy for your business, you should evaluate your insurance needs.

It’s important to consider each type of insurance and whether it’s something your business needs. Some insurers also provide insurance package policies tailored for different business types.

Types of business insurance vary and usually provide protection for:

    • business assets and earnings
    • customers and employees, and
    • business owners

This list is a general guide only and should not replace professional advice tailored to your circumstances.

Protecting your IP / trademarks / brand, etc.

Choosing a trading name on which to build your brand is one of the most important decisions you’ll make. There is a common misconception that registering a business or company name or purchasing a domain name gives you the same rights as a registered trade mark, however it does not! A trade mark, on the other hand, will give you exclusive rights to that mark in respect to the specific registered goods/services.

Trade marks give you the right to take legal action to prevent others from using your mark, so it is important to register the name as a trade mark as soon as possible.

If your business involves an invention, you should consider applying for a patent so you have protection and control over your invention. It is very important not to make your innovation known to the public before you have secured a patent for it.

We strongly recommend you seek legal advice to advise you on any intellectual property matters.

Get professional help – accountant / legal advisor

Different types of advisers are available to help you with financial, legal and other business needs.

Accountants are one of the most common type of business advisers and can give you advice about:

    • starting your business
    • taxation requirements
    • PAYG and superannuation obligations
    • managing records and finances

Obtaining legal advice is also vital for running your business. There will be times when you will need advice on specific legal issues such as contracts, debt recovery, insurance, intellectual property, general business advice and more. For example, information on laws and regulations regarding employment and anti-discrimination in the workplace and all the laws that apply to your business and what you must comply with.


It is obvious from the above discussion that starting a business requires careful planning and patience.

Although you may be excited and eager to start your business right away, it is important to plan, organise, prepare and seek relevant professional advice before jumping headfirst into starting your business.

If you want more information or you would like some guidance on how these laws effect your business, please contact us on 0488 086 006 or email [email protected].