Contents
Starting a business is always a momentous and exciting new chapter. The early stages are crucial as you set the foundations for your venture – a solid start in 2025 can truly set you on the path to success.
There’s no need to stress though! We’ve prepared an updated guide that walks you through some of the key things you need to know when starting a business in South Australia this year.
How To Start A Business In South Australia
The first thing you need to do when gearing up to launch a new business venture is to perfect your idea! Whether you plan on selling a product or a service, now in 2025 it’s more important than ever to test your concept and ensure it’s ready for the market.
It’s a good idea to take detailed notes and compile them into a comprehensive business plan along with your market research. You should consider aspects such as:
- Market competition and emerging industry trends
- Target audience demographics
- Advertising strategies in the digital age
- Financing options and grants available in 2025
- Business goals and scalability plans
- Legal compliance including recent legislative updates
- Business management approaches for remote and in-person teams
Planning everything meticulously now will help you stay on course and be prepared for any situation that comes your way. A successful business plan for 2025 not only sets specific details and deadlines but also adapts to the changing economic landscape and new digital challenges.
Which Business Structure Should I Choose?
The business structure you choose depends on your long‐term goals, available resources, industry, location, business size and daily operations. Common structures include:
- Sole trader: You are the sole owner and in charge of your business; however, you bear unlimited personal liability.
- Partnership: Two or more people own the business together, sharing responsibilities and unlimited liability.
- Company: The business is a separate legal entity with limited liability, protecting your personal assets.
- Trust: The business is held by a trustee on behalf of the beneficiaries, offering flexible tax planning and asset protection.
Each structure comes with its own set of benefits and limitations. For example, while a sole trader retains complete control, you are fully exposed to personal liability. In contrast, a company structure provides a buffer for your personal assets, limiting your liability only to your investment in the company.
It is essential to weigh these pros and cons carefully. If you’re unsure, why not consult one of our expert small business lawyers who can advise you on the best legal structure for your unique situation?
How To Register A Business In South Australia
For your business to be legally recognised, you must register your business. In today’s regulatory environment, registering your business is critical not only for taxation but also for establishing your professional credibility in 2025.
All Australian businesses are registered with the Australian Securities and Investments Commission (ASIC) and the streamlined process continues to be available online via the Business Registration Portal.
Upon registration, you will be issued an Australian Business Number (ABN) – an 11-digit identifier essential for all legal transactions, including tax payments and business dealings.
If you are registering a company, the additional step of obtaining an Australian Company Number (ACN) is required. The ACN is crucial for lodging documents with ASIC, issuing invoices, and other formal business communications.
Do I Need To Register My Business Name In South Australia?
Most businesses need to register their business name unless they qualify for an exception.
The rules for registering a business name are consistent across Australia. In most cases, you can register your business name concurrently when you register for your ABN with ASIC.
The only circumstances in which business name registration is not necessary include:
- Being a sole trader using your own legal name
- Operating a partnership where the business name comprises the names of all partners
- Running a company that is registered under a company name identical to the business name
Remember, registering your business name does not grant you exclusive ownership. For full legal protection, you should consider registering it as a trademark. This additional step ensures your business name is safeguarded against misuse.
We’ll delve into intellectual property matters later in this guide!
What Legal Documents Should I Have?
Legal documents are essential for keeping your business compliant and protected against risk. Ensuring that you adhere to current legal regulations helps shield your business from disputes that could otherwise impede your growth.
Having the appropriate legal documentation in place can prevent discrepancies and ensure smooth business operations. Our experience in 2025 shows that businesses with proper legal safeguards are far better positioned to handle unexpected challenges.
Below are some of the key legal documents that many of our clients in South Australia now rely on:
Employment Agreements
When hiring employees, it is essential to have a clear, written Employment Contract. This document ensures that both you and your employee understand your mutual duties, responsibilities and expectations. In today’s competitive climate, a robust Employment Agreement can help discourage disputes.
If any misunderstandings arise, your Employment Contract ensures everyone is on the same page. For more tailored advice, consider our guide on choosing a small business lawyer to help draft or review your agreements.
Typical Employment Agreements cover details such as:
- Job title and comprehensive role description
- Employment type and duration
- Working hours and days expected
- Relevant business policies
- Salary, leave, awards, and entitlements
- Intellectual property ownership clauses
- Disclaimers
- Termination procedures
- Dispute resolution methods
Contractor Agreement
A Contractor Agreement is used when engaging external staff for specific projects or fixed terms. Contractors differ from permanent employees, so it is critical that their agreements explicitly outline the terms to avoid any misclassification, especially given the stricter scrutiny in 2025 regarding sham contracting practices.
Clear contractor agreements ensure that contractors understand their roles without inadvertently acquiring the rights and benefits of permanent employees. We’ve also highlighted the key differences between employees and contractors in our recent articles.
Shareholders Agreement
If you’re forming a company with multiple shareholders, a Shareholders Agreement is essential. This document sets clear expectations for investors and governs how major decisions are made in the business.
Shareholders Agreements typically cover:
- Voting rights and decision-making processes
- Share transfer provisions
- Guidelines for shareholder meetings
- Allocation and distribution of shares
- Roles and relationships between shareholders and directors
Additionally, companies are required to have a Company Constitution as mandated by the Corporations Act 2001, which outlines the rules for running the company.
Internationally Enforceable Contracts
If you plan on expanding globally, your contracts must include clauses ensuring they are internationally enforceable. This ensures that agreements with overseas manufacturers or partners are valid across multiple jurisdictions.
In 2025’s global marketplace, having robust contracts that work both in Australia and abroad is paramount. Get in touch with our experienced team to draft an agreement tailored to your international business needs.
Starting An Online Business In South Australia
Operating an online business opens you up to unique legal challenges and obligations. Whether your business is entirely based online or operates as a hybrid model, strong legal agreements can help protect your digital presence.
Website Terms And Conditions
Your Website Terms and Conditions can limit your liability and define the rules for users when they access your website. In 2025, as cyber threats and online disputes remain prevalent, having updated terms is more important than ever.
These terms not only inform users of your website rules but can also cover payment processes, intellectual property rights, shipping and return policies, and any special conditions tailored to your business model.
Privacy Policy
If your business’s annual turnover exceeds A$3 million, you are legally required to have a Privacy Policy in place. In 2025, alongside businesses of all sizes that collect any form of personal information, compliance with the Australian Privacy Principles and the Privacy Act 1988 remains mandatory.
Personal information can include emails, names, addresses, phone numbers, bank details, passwords and employment details. Even if you only collect one type of personal detail, a compliant Privacy Policy is essential.
Cookie Policy
Cookie Policies explain to your website users which of their online activities are being tracked and why. Though not always legally mandatory, having a Cookie Policy is a smart move to build transparency and trust with your audience.
Buying A Business In South Australia
If starting a business from the ground up isn’t for you, purchasing an established business might be the better route. In 2025, many entrepreneurs are opting for this approach to bypass some of the initial startup challenges.
There are two primary methods for buying a business: through a share sale or an asset sale.
A share sale involves transferring the ownership of the company’s shares, meaning liabilities and debts typically transfer to the new owner. In such cases, it’s advisable to have an indemnity clause signed during negotiations.
With an asset sale, only selected assets – such as property, equipment, client lists, or intellectual property – are acquired, while the business management usually remains unchanged.
Another popular option is buying a franchise. This model allows you to operate under an established brand with proven business systems. Just make sure you familiarise yourself with the Franchising Code of Conduct and consider seeking expert advice from a franchise lawyer.
What Else Should I Know?
Along with registering your business and securing the right legal documents, there are additional considerations to ensure full compliance and protection for your business assets in 2025.
For instance, staying abreast of ongoing changes in legislation and industry standards is vital. Regularly reviewing your legal documents-such as updating your terms and conditions, privacy policy, and employment contracts-helps maintain your compliance and can prevent costly disputes down the track. Check out our update on Legal Requirements for Starting a Business for the latest insights.
Protecting Your Intellectual Property
Your intellectual property (IP) refers to the valuable, intangible assets created by your business, such as logos, original designs, and written works. In 2025, protecting your IP is more critical than ever.
There are primarily two methods to safeguard your IP. First, you can register your creations with IP Australia – whether it’s a trademark, patent, design, or plant breeder’s rights. Registering your business name as a trademark is a particularly effective way to ensure exclusive protection.
The second method involves robust legal documentation, such as confidentiality clauses, Non-Disclosure Agreements (NDAs) and clear disclaimers within your business policies. These legal tools can prevent the unauthorised sharing of sensitive information by employees or partners.
Meeting Your Employer Obligations
Having solid Employment Contracts or Contractor Agreements is just one part of your responsibilities as an employer. In 2025, businesses must also ensure a safe, equitable workplace in accordance with updated Workplace Health and Safety regulations.
Employers are responsible for providing a secure work environment-whether in a physical office or remotely-by implementing safe equipment policies and training employees to prevent workplace bullying or harassment. Safe Work Australia continues to set the standards, and it’s crucial to familiarise yourself with the National Employment Standards to ensure you meet your obligations.
Ensuring correct payment of awards and entitlements is not just good practice-it’s legally required. If you’re ever in doubt, our team can assist in reviewing your employment arrangements for full compliance.
Apply For Licences
Depending on your industry, specific licences may be required to operate legally. Whether you’re venturing into child care, launching that long-awaited food truck, or any other regulated field, you can check your requirements using the Business Licence Finder. Local councils may also impose additional requirements, so it’s worthwhile to consult your local government.
Key Takeaways
Launching a new business in South Australia in 2025 demands thorough planning and attention to detail. With the right legal structures and documentation, you can confidently navigate the complexities of today’s business environment. To summarise what we’ve covered:
- Develop a comprehensive business plan with detailed research and innovative ideas
- Select the most appropriate business structure and register your business accordingly
- Ensure your business name is registered if required, and consider trademark protection for exclusive rights
- Secure all necessary legal documents, including shareholder agreements, employment contracts, and contractor agreements
- If operating online, implement robust website terms, a Privacy Policy, and a Cookie Policy
- Consider the pros and cons of purchasing an existing business through asset sales, share sales, or franchises
- Protect your intellectual property through registration or proper legal documentation
- Meet your employer obligations by ensuring a safe work environment and proper awarding of entitlements
- Apply for all necessary licences specific to your business operations and location
Remember, the business environment is continuously evolving. Regularly review your legal documents and consult with professionals-such as our experienced small business lawyer-to ensure your business remains compliant and competitive in 2025 and beyond.
If you would like a consultation on starting a business in South Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Meet some of our Business Set Up Lawyers
Get in touch now!
We'll get back to you within 1 business day.
Top 3 Legal Mistakes
Book in a free consultation with us to discuss your legal needs.