Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Starting a new business in Australia is exciting. You’ve got an idea, momentum and a market to reach. The key to turning that energy into a sustainable business is getting your legal foundations right from day one.
This guide walks you through a practical, Australia-specific legal checklist - from planning and choosing a structure to registrations, compliance and the core documents you’ll need. Our aim is to help you launch confidently so you can focus on growing your business.
What Does Starting A New Business In Australia Involve?
When we talk about “starting a business,” we’re talking about more than just opening the doors or pushing the site live. It’s about setting up a structure that protects you, registering the right details, complying with key laws and putting clear contracts in place with customers, staff and partners.
Many founders start small and scale. Others incorporate a company from the outset to separate personal and business risk. There isn’t one “right” path - the best approach is the one that supports your goals, risk appetite and funding plans.
Whichever way you launch, laying solid legal groundwork now will save time, money and stress later.
Is Your Idea Viable? Planning Before You Launch
Great businesses start with good preparation. A short, practical business plan keeps you focused and helps with funding conversations. At a minimum, consider:
- Your customer and problem: Who will buy from you, and why? What pain point do you solve?
- Business model: How will you make money - products, services, subscriptions or a mix?
- Market and competitors: How big is the opportunity? What are your points of difference?
- Resourcing: What people, suppliers and systems do you need to deliver on day one?
- Team and ownership: If you have co-founders, be clear on roles, equity and decision-making.
- Brand and IP: Can you protect your name, logo or unique offering with trade marks or other IP?
Documenting these basics now makes the legal setup steps faster, clearer and less risky.
Step-By-Step: How To Set Up Your Business Legally
1) Choose A Business Structure
Your structure affects liability, ownership, tax and how investors can come on board. Common options include:
- Sole trader: Quick and low-cost. You control everything, but you’re personally responsible for debts.
- Partnership: Two or more people share control and profits. Partners are generally personally liable.
- Company (Pty Ltd): A separate legal entity that limits personal liability and is usually preferred for growth and investment. Setup and ongoing obligations are higher but often worth it as you scale.
If you’re leaning toward a company, you can streamline the process with a Company Set Up, and consider how a company constitution and founder arrangements will operate as you grow.
2) Register Your Business Details
- ABN (Australian Business Number): Most businesses need an ABN for tax and invoicing.
- ACN (if a company): Issued on company registration with ASIC.
- Business name: If you don’t trade under your personal or company name, register a business name with ASIC to secure it nationally.
- GST: Register if your annual GST turnover is $75,000 or more (some industries must register regardless).
Tip: Make sure your chosen business name and brand are available before you commit to domain names, signage or packaging.
3) Secure Any Licences And Local Approvals
Permit needs vary by industry and location. Examples include food handling approvals, signage permissions, import/export registrations or professional licences.
If you’re launching an online store or app, your platform still needs the right legal framework (even without a physical site), including clear Website Terms and Conditions.
4) Protect Your Brand And Other IP
Brand value builds quickly. It’s wise to check availability and file applications to protect your name and logo as a trade mark. That way, you can stop others from using confusingly similar branding as you grow. You can start with register your trade mark and then consider other IP (like designs or copyright) as needed.
Only share confidential information with third parties under a written NDA. This is especially important if you’re discussing new products, tech or pricing models.
5) Put Core Contracts And Policies In Place
Clear, tailored contracts are the backbone of a smooth launch. See “What Legal Documents Will You Need?” below for a practical checklist.
6) Set Up Finance, Tax And Systems
Open a business bank account, set up bookkeeping and invoicing software, and plan cash flow. If you’ll have employees, register for PAYG withholding and superannuation and onboard with compliant employment paperwork.
Note: Tax settings (including GST, income tax and payroll) depend on your situation. This guide isn’t tax advice - it’s best to speak with your accountant or bookkeeper about the right setup for you.
7) Stay Compliant As You Grow
After launch, keep company and tax records up to date, renew registrations and review your contracts as the business changes. It’s also important to update ASIC if your company details change (for example, addresses, officeholders or share details).
What Laws Do New Australian Businesses Need To Follow?
Australia’s legal framework is designed to protect consumers, ensure fair workplaces and promote honest trading. The specifics for your business will vary, but most new ventures should consider the following areas.
Australian Consumer Law (ACL)
If you sell goods or services to consumers, the ACL applies. It covers things like consumer guarantees, refunds and exchanges, unfair contract terms and truthful advertising. These rules shape your sales processes and your customer terms.
Employment And Workplace Law
Hiring employees or engaging contractors triggers obligations around pay, hours, leave, safety and record-keeping. Use a written Employment Contract for each staff member, set expectations clearly and follow the Fair Work system (including any modern awards that apply).
Privacy And Data
Privacy requirements depend on whether you’re an “APP entity” under the Privacy Act 1988 (Cth). Many small businesses with annual turnover of less than $3 million are exempt, but there are important exceptions - for example if you handle health information, run certain credit reporting activities, or opt into the Act.
Even if you’re exempt, having a transparent Privacy Policy and good data practices is smart business. If you are covered by the Act, a compliant Privacy Policy and processes are mandatory.
Intellectual Property
Don’t wait until you’re established to protect your name, logo and other assets. Trade marks help defend your brand and reduce the risk of costly rebrands. Copyright protects original content automatically, but you’ll still want clear contracts to ensure your business owns what contractors create.
Industry-Specific Rules And Local Permits
Food, health, childcare, finance and alcohol are just a few examples of industries with additional rules. Check council zoning, health and safety approvals, and any state-based requirements before you spend on fit-outs or stock.
Tax And Record-Keeping
Register and report the taxes relevant to you (for example, GST, PAYG withholding and income tax) and keep proper records. Because tax settings are situation-specific, your accountant is the best person to advise on structure, registrations and reporting timelines.
What Legal Documents Will You Need?
The right documents reduce risk, set expectations and help you scale. Here’s a practical starter list most new businesses should consider.
- Customer Contract or Terms: Sets out how you sell your product or service (scope, pricing, payments, warranties, liability and termination). A clear Customer Contract saves disputes later.
- Website or App Terms: Rules for using your site or software, including acceptable use, IP ownership and disclaimers. For online businesses, start with Website Terms and Conditions.
- Privacy Policy: Explains how you collect, use and store personal information. Required if you’re covered by the Privacy Act, and a best-practice trust signal for any business. See Privacy Policy.
- Employment Agreements and Policies: Written contracts for staff or contractors, plus practical policies (e.g. leave, bullying/harassment, device use) to keep your workplace compliant.
- Supplier/Manufacturer Agreements: Lock in pricing, quality standards, delivery timeframes, defects processes and IP ownership with key suppliers.
- Non-Disclosure Agreement (NDA): Protects confidential information when you’re discussing ideas, pricing or roadmaps with third parties.
- Shareholders Agreement (if a company with co-founders or investors): Covers ownership, decision-making, share transfers, disputes and exits so everyone is aligned from day one.
- Warranties/Refunds Language: Consumer-facing terms that match your ACL obligations and your business model (for example, warranties against defects, and how you handle returns).
These are the foundations. As you scale, you might also add distribution agreements, channel partner terms, service-level agreements (SLAs), IP assignments or fundraising documentation. Tailoring your contracts to your model and risk profile makes a big difference.
Alternative Path: Buy A Business Or Franchise
Buying an existing business or a franchise can shortcut set-up time, but you’re stepping into existing obligations. Legal due diligence is critical - review the lease, key contracts, employee entitlements, liabilities, IP and any compliance issues. If you’re exploring a purchase, consider a structured legal due diligence process and get help reviewing the agreement before you sign.
Key Takeaways
- Starting a business in Australia means more than going to market - set up your structure, registrations, contracts and compliance from day one.
- A company (Pty Ltd) limits personal liability and is popular for growth, but sole trader and partnership models may suit earlier stages.
- Register core details early: ABN, company with ASIC (if relevant) and your business name; confirm any licences or local approvals before you open.
- Comply with the Australian Consumer Law, employment rules, industry permits and privacy requirements that apply to your situation.
- Protect your brand with trade marks, use NDAs for sensitive discussions and put clear customer, website/app and employment terms in place.
- Set up good finance systems and speak with your accountant about tax settings; then keep ASIC and tax records up to date as you grow.
- If you buy a business or franchise, thorough legal due diligence helps you avoid hidden risks and costly surprises.
If you would like a consultation on starting your new business in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
