Retail

The retail industry is fast-paced and full of regulations, which means you face unique legal challenges every day.
Retail businesses in Australia
Largest employing industry in Australia
nd
Value of the sector
$ b

Specialised Retail Legal Support

At Sanicki Lawyers, we get the ins and outs of retail law and offer specialised legal support for businesses of all sizes, from charming boutiques to major chains.

Whether you’re dealing with compliance issues, sorting out contracts, or managing disputes with suppliers and customers, our team is here to help. We provide strategic and practical solutions tailored to the retail sector, ensuring you can handle risks and resolve issues effectively. Our goal is to give you the legal guidance you need so you can focus on thriving in the competitive retail world.

Retail Leasing

We understand that retail leasing can be one of the most critical aspects of running a successful retail business. Whether you are a landlord who is leasing out a retail space, or you are a tenant with a charming boutique, a growing retail store, or part of a major retail chain, navigating the complexities of retail law is essential. With our specialised legal expertise, we’re here to help you handle the legal challenges that come with retail leasing.

We offer tailored legal services that cover every aspect of retail leasing, from negotiating lease terms to resolving disputes. Our team is committed to providing practical and strategic solutions designed to protect your interests.

Commercial lawyers retailers trust for:

Retail lease preparation and negotiation

Preparation of new leases for landlords, and negotiation of possible lease terms for tenants. We ensure lease agreements are fair, clear, and aligned with business objectives, including rent, duration, renewal options, and exclusivity clauses.

Lease review and advice

Thorough lease reviews to identify risks or unfavourable terms. We offer practical advice so that your lease reflects business needs and complies with laws and regulations.

Compliance with retail laws

We help ensure that your retail operations complies with legislation, and provide advice to landlords and tenants about obligations under the Retail Leases Act.

Dispute resolution

We provide effective dispute resolution strategies for resolving disagreements between landlords and tenants, suppliers or even customers. This includes negotiation, mediation, and, if necessary, litigation, to protect your business.

Retail tenant rights

Guidance on your rights as a tenant, helping you understand your obligations and protections under the lease. Whether you're dealing with rent increases, disputes over property maintenance, or issues with the use of common areas, we ensure your rights are upheld.

Exit and surrender clauses

We help landlords and tenants navigate ending or surrendering a lease, including reviewing and negotiating exit clauses, ensuring you meet all requirements.

Subleasing and assigning leases

We offer advice on how to manage these processes within the terms of the lease. Our team ensures you comply with all legal requirements and safeguard your interests.

Retail franchise leasing

Specialised support on leasing issues within franchise agreements. We help ensure that lease terms are in harmony with franchise requirements and guide you through negotiations.

Renegotiating lease terms

We guide you through the process of renegotiating rent, lease duration, and other essential terms, ensuring your business remains competitive and sustainable.

Our Industry Expert Team:

Robert Toth

Special Counsel

Robert joined Sanicki Lawyers in 2022. He is an Accredited Commercial and Franchise Specialist with over 35 years of experience in acting for commercial and business clients and property. Rob commenced practice in 1982 and is a regular commentator and publisher of articles on the franchising, licensing, distribution and childcare sectors. Rob developed considerable business acumen while working for his brother Ted in Ted’s Camera Store, which continues to be an iconic Australian business. Rob enjoys the challenge of finding lateral solutions, giving direct “no bull” advice to clients, and getting the job done. Robert and his team at Sanicki Lawyers are dedicated lawyers that work hard for clients and find commercial solutions. The firm operates in an open and transparent manner regarding fees, including fixed fees based on scope of works for many services provided. This allows clients to monitor and budget for their legal costs.

Rob has expertise in the following sectors:

  • Franchising: Acting for both Franchisors (local and international), Franchisees, Master Franchisees, Area Developers; Franchise dispute resolution acting for both Franchisors and Franchisees – solutions and strategies – mediation;
  • Company and Corporate advice: Corporations Law – Director’s duties, corporate compliance and ASIC prosecutions of directors;  Establishing companies in Australia for foreign companies; General commercial, corporate advice and consultancy, shareholder/unit holder agreements and buyouts; Oppression actions and statutory demands for winding up and insolvency;
  • Business and Corporate M&A work: Mergers and Acquisitions of a small to large business enterprises including due diligence processes;
  • Retail and Commercial Leasing: Retail leasing, property and development projects, joint venture syndicates;
  • Contractual matters: Contract review tenders and trade practices law (Competition and Consumer Act 2010); Licensing and distribution, commercial and contractual agreements, software licensing and development agreements;
  • Childcare and Early Learning Sectors: Child Care and Early Learning Centre Sector – Investors, Developers and Operators;
  • Medical and Allied health: Pharmacies and medical practise sale and purchase;
  • Renewable Energy Law: Power Purchase agreements in the solar and renewables sector.

 

Robert is also a member of:

  • Franchise Council of Australia (FCA)
  • International Franchise Lawyers Association (IFLA)
  • Australian Institute of Company Director (AICD)
  • Global Law Network
  • Resident Director and Public Agent for overseas companies in the USA, India and Canada
  • Advisory Board Member to Franchisor and New Energy companies
  • Advisor to NFP’s Aid Hub International

Jonathan Xian

Senior Associate

Jonathan practises primarily in defamation lawlitigation and commercial law. He is known for providing thorough guidance and reassurance to his clients during all stages of complex legal matters. He has acted on both sides of defamation matters involving all kinds of print and online publications, including major daily newspapers and social media. Jonathan’s comprehensive understanding of defamation law enables him to advocate fiercely for his clients, whether in pursuing or defending defamation claims. His successful defamation cases have included:

  • Spencer v McKay [2023] VCC 2238
  • Lorbek v King [2022] VSC 218 (trial) and [2023] VSCA 111 (appeal)

 

Jonathan has extensive experience in civil litigation, having acted in Courts and Tribunals of all levels. With a commercially minded approach to dispute resolution, he has a track record of negotiating successful outcomes without commencing legal proceedings, as well as the efficient resolution of defended matters.

At the same time, Jonathan has a substantial practice in a broad range of commercial law areas, including business sales and acquisitionsretail and commercial leasingbusiness structuring and commercial disputes. He is a trusted advisor to small and medium-sized businesses across a diverse range of industries, including retail, hospitality, manufacturing, real estate, construction, health and media.

Holding a Bachelor of Laws (with Honours) and Bachelor of Music from Monash University, Jonathan is also a classically trained pianist and composer. When not immersed in reading contracts or analysing defamatory publications, you’ll find him at the piano, preparing for his next concert.

Kristen Attard

Senior Associate

Kristen joined Sanicki Lawyers in 2022, where she primarily practices in corporate, commercial, and property law. Kristen was admitted to practice in 2016 and holds a Bachelor of Laws (LLB) and a Bachelor of Arts (BA) degree, majoring in Chinese.

Kristen prides herself on her ability to create strong client relations and effectively manage matters in accordance with agreed client arrangements. Her experience in various areas of law has also contributed to her ability to assess matters from multiple perspectives.

Kristen has expertise in the following areas:

  • General commercial, corporate advice and consultancy, shareholder/unitholder agreements;
  • Mergers and acquisitions of small to large businesses;
  • Sales and acquisitions of residential and commercial properties;
  • Leasing (including retail leasing) – acting for tenants and landlords;
  • Franchising – acting for Franchisors and Franchisees;
  • Reviewing and preparing Loan Documents – acting for Lenders and Borrowers;
  • Assisting not-for-profit organisations with the setup and/or review of their structure, including navigating legal requirements for registration and providing advice in relation legal compliance;
  • Wills and Estates – assisting with the preparation of Wills and administration of Estates.

 

Outside of work, Kristen loves spending time with her family, including:

  • taking her son to swimming;
  • chasing her son around at parks; and
  • going to the footy to support her beloved Richmond Tigers;
  • trying new restaurants; and
  • watching movies and tv shows.

 

Randima Perera

Senior Associate

Randima joined the firm in November 2023 and focuses primarily on commercial law, specialising in franchising, leasing, mergers and acquisitions of small to large businesses, licensing and distribution, commercial and contractual agreements, shareholder/unitholder agreements and disputes and general commercial matters. She also has substantial experience in commercial property law.

Randima was admitted to practice in 2019, having completed her practical legal training at the College of Law. She holds a double degree of a Bachelor of Laws (Honours) and a Bachelor of Business, majoring in Public Relations, having graduated from the Queensland University of Technology in 2019. Before and after her admission, Randima gained diverse experience in retail and commercial leasing, residential and commercial tenancy disputes, residential and off-the-plan conveyancing and commercial property transactions across the Queensland, New South Wales and Victoria jurisdictions.

With her broad legal background, she takes great pride in providing her clients with clear, practical guidance throughout the course of their transactions. She approaches each matter with dedication, ensuring that every detail is meticulously addressed and that the transaction proceeds efficiently. She thrives on applying her attention to detail and legal expertise to navigate complex matters, transforming challenging situations into successful commercial outcomes.

Testimonials

“Robert is the only lawyer I have met who openly shares and networks his clients to foster business relationships. He helps match capabilities and aspirations to create partnerships, getting ambitions and dreams fulfilled and things done. I have found Sanicki Lawyers and their staff to be first rate and very attentive. I would highly recommend them in areas of their expertise. “
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— Will P
“Sanicki Lawyers does the majority of contracts for my clients when they sell. Sanicki is the most experienced, efficient and easy to work with legal firm I have dealt with since I started business broking over 10 years ago. Darren has an excellent team of friendly and accessible people who are both efficient and practical. I trust Darren and his team to deliver for my clients at the most crucial stage of their transaction, and he also deals with all my personal legal matters such as partnership agreements, leases etc. “
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— Ian A
“As a Business Broker I was introduced to Sanicki Lawyers in late 2022. Since then, I have used them for almost all of the Vendors who have sold their Business through me. By having a Sanicki lawyer involved I feel peace of mind knowing the deal has every chance of coming to fruition. I can honestly say that Darren, along with his wonderful team, have saved deals for me on several occasions. Sanicki’s end to end service makes my business life much less stressful. “
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— Steve P

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