Start your own company

Ensuring Your Business Gets Paid: How a Commercial Law Firm Can Help


A crucial aspect of running a successful business is ensuring your business gets paid through timely and consistent payment from clients or customers. Cash flow issues can be detrimental, often leading to financial stress and affecting business growth. As a commercial law firm, we understand the importance of helping businesses establish effective payment practices and providing legal support when disputes arise.

When businesses don’t get paid on time, they can experience a variety of pain points that impact their operations, financial stability, and growth prospects. Some of these typical pain points we see business face include:

1. Cash flow issues: Delayed payments can result in cash flow problems, making it challenging for businesses to cover their expenses, such as payroll, rent, utilities, and inventory purchases. Inadequate cash flow can lead to financial stress and hinder the company’s ability to meet its short-term obligations.

2. Reduced growth potential: When businesses don’t receive timely payments, they may be forced to put growth plans on hold, including hiring new employees, expanding into new markets, or investing in the business. This can limit the business’s potential and stifle its competitive edge.

3. Strained relationships: Late payments can strain relationships with suppliers, vendors, and employees. Suppliers may become hesitant to extend credit or offer favourable terms, while employees may experience delayed salaries or reduced morale, potentially leading to higher turnover rates.

4. Increased borrowing costs: To manage cash flow issues resulting from delayed payments, businesses may need to seek external financing, such as loans or lines of credit. This can increase borrowing costs and negatively impact the company’s financial position.

5. Time and resources: Chasing late payments can consume valuable time and resources that could be better spent on core business activities. This includes time spent on communicating with clients, issuing reminders, and potentially seeking legal assistance.

6. Legal disputes and costs: Non-payment or late payment situations may escalate to legal disputes, resulting in additional costs for businesses, such as legal fees, court costs, and potential damage to their reputation.

Addressing these pain points by implementing effective credit policies, invoicing practices, and debt recovery strategies can help businesses mitigate the risks associated with late payments and maintain their financial stability and growth potential. 

strategies and best practices to ensure you get paid on time

Drafting Clear and Comprehensive Contracts

One of the most effective ways to ensure timely payments is to have clear, comprehensive, and legally binding contracts in place. Our experienced commercial lawyers can help you draft and review contracts that clearly outline the terms and conditions of payment, such as due dates, late fees, debt collection costs and interest charges. This clarity not only minimises misunderstandings but also provides a solid legal foundation should any issues arise.


Advising on Retention of Title Clauses

Retention of title clauses can be an invaluable tool for businesses that supply goods, as they enable you to retain ownership of the goods until full payment has been received. Our commercial lawyers can help you incorporate these clauses into your contracts, ensuring they comply with the relevant legislation and are enforceable.


Assisting with Security Interests

Taking security interests in a client’s assets can provide an additional layer of protection for your business in the event of non-payment. We can help you navigate the process of registering and perfecting security interests under the Personal Property Securities Act, ensuring your interests are valid and enforceable.


Developing Efficient Invoicing and Collections Processes

An efficient invoicing and collections process is crucial for securing timely payments. Our team can help you review your current processes and recommend improvements, such as implementing better payment practices, staged payments and providing clear instructions on payment methods.



Why You Need A Commercial Lawyer

Ensuring your business gets paid is vital for maintaining cash flow and enabling growth. The team at Rise Legal firm is well-equipped to assist businesses in implementing effective contracts and terms and conditions and navigating the legal complexities of commercial transactions. With our support, your business can maintain a healthy cash flow and focus on growth and success.

To get further information as to how Rise Legal can assist you to help ensure you are in the best position to get paid, book in for a free 15-minute consultation with one of our lawyers.

Related article: How to Make Sure You Get Paid – Top Tips from a Lawyer


Share this article using the links below:

Helen Kay - Managing Director

Helen Kay

If you require any assistance with your business legals or any other commercial legal issue, please do not hesitate to contact me.

Typical Legal Disclaimer!…

Unfortunately, there is never a ‘one size fits all’ formula to apply. Every situation is unique and it can be tricky to wrap your head around some areas of the law. To ensure you are setting yourself and your business up for success, it is always best to consult a legal professional with expertise in the field.

Related Posts

Three Stages To Selling a Business

Three Stages To Selling a Business

Business Owners Should Always Be Ready To Sell Their Business   Whether you're considering selling your business in the near future or not, having it ready for sale should be a thought that lingers at the back of your mind throughout its entire lifecycle....

read more
Essential Legal Documents for Allied Health Businesses

Essential Legal Documents for Allied Health Businesses

Starting and running an allied health business can be an incredibly rewarding endeavour, but it's essential to ensure that you have the necessary legal safeguards in place to protect your practice and your clients. In this article, we'll discuss some of the essential...

read more
Changes in Australia’s Unfair Contract Terms

Changes in Australia’s Unfair Contract Terms

Unpacking the Changes in Australia's Unfair Contract Terms (UCT) Regime So what exactly are the changes in Australia's Unfair Contract Terms? From 10 November 2023, Australia will see a substantial expansion in the scope of contracts covered by the unfair contract...

read more