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Trusted legal advice for familyowned and ownermanaged businesses across South Australia

Family businesses are the backbone of the South Australian economy. Whether you are building a first‑generation enterprise, leading a multi‑generational operation, or preparing the business for its next chapter, the legal and commercial decisions you make today have long‑term consequences for both the business and the family behind it.

Mellor Olsson has a proud history of advising family‑owned and owner‑managed businesses across South Australia, including metropolitan, regional and agribusiness enterprises. We understand that family businesses operate at the intersection of commercial, personal and generational priorities. Our approach is practical, strategic and grounded in a deep understanding of family dynamics, governance and risk.

We work alongside business owners, directors, next‑generation leaders and their trusted advisers to provide clear, commercially focused legal advice throughout the entire business lifecycle- from establishment and growth, to transition, sale or succession.

Who we work with

Our Family Business team advises a diverse range of privately held enterprises, including:

  • Family businesses (first‑generation through to multi‑generational)
  • Owner‑operators and private company directors
  • Family trusts, private groups and partnership structures
  • Agribusiness, regional and primary production enterprises
  • High‑net‑worth families with operating businesses
  • Businesses preparing for growth, transition, sale or succession
  • Next‑generation leaders stepping into ownership or management

Service Offering

Our Family Business services are delivered through a highly integrated, multi‑disciplinary team spanning Commercial, Property, Employment, Governance, Wills & Estates, Family Law and Litigation. This ensures your legal structures and strategies are aligned across both business and personal objectives.

Service Offering

Business structuring & strategic advice

Choosing the right structure and governance framework is critical to protecting family wealth and supporting sustainable growth.

We assist family businesses to:

• Select and implement appropriate business structures, including partnership, company and trust arrangements
• Establish and refine governance, compliance and operational frameworks
• Structure and negotiate joint ventures with clear decision‑making authority, risk allocation and exit mechanisms

Our advice is commercially focused and tailored to the unique needs of family‑owned enterprises.

Contracts & commercial agreements

Clear, well‑drafted agreements are essential to managing risk and preserving relationships.

We advise family businesses on:

• Drafting, reviewing and negotiating supply, service, distribution and licensing agreements
• Identifying and managing contractual risk
• Enforcement options and dispute resolution pathways when issues arise

We focus on practical outcomes that support ongoing business relationships wherever possible.

Mergers, acquisitions & business sales

Our team can guide family businesses through acquisitions, divestments and succession‑driven transactions, including:

• Buying and selling businesses and shares
• Managing due diligence, negotiation and transaction completion
• Structuring transactions to protect both family and commercial interests

Property & leasing

Property is often a key asset within family business structures. Our Property team works closely with our Commercial lawyers to ensure alignment with broader business strategy.

We advise on:

• Purchase, sale and leasing of commercial and agricultural property
• Drafting and negotiating commercial and rural lease agreements
• Landlord–tenant disputes and property‑related risk management

Employment & workplace relations

Family businesses face unique employment challenges, particularly where family and non‑family employees work side by side. Our goal is to protect the business while supporting fair and compliant workplace practices.

We provide advice on:
• Employment contracts and workplace policies
• Termination, redundancy and workplace disputes
• Managing family employment risks and conflicts

Regulatory compliance & risk management

Navigating regulatory obligations is critical for protecting the long‑term viability of family enterprises.

We assist with:

• Understanding and complying with regulatory frameworks impacting family businesses
• Developing practical risk management and compliance strategies
• Governance advice for directors and trustees

Succession planning, wills & estates

Planning for the future of both the business and the family requires careful alignment between commercial strategy and estate planning. We advise family businesses and principals on:

• Business succession and ownership transition strategies
• Wills, estate planning and testamentary trust structures involving business assets
• Asset protection strategies designed to preserve family wealth across generations
• Integrating succession planning with broader family and estate arrangements

Our integrated approach helps ensure continuity, certainty and long‑term protection for both the business and the family.

Family law considerations for family businesses

Relationship changes can have significant implications for family‑owned enterprises if not proactively managed. Our Family Law and Commercial teams work together to assist with:

• Binding financial agreements (pre‑nuptial, post‑nuptial and separation agreements) to protect business and family assets
• Managing risk arising from relationship breakdowns involving business owners or key family members
• Structuring ownership and governance arrangements to minimise disruption to the business

We take a discreet, strategic approach focused on preserving business continuity and family relationships wherever possible.

Dispute resolution & litigation

When disputes arise, early and strategic advice is essential. Mellor Olsson act for family businesses in:

• Commercial, shareholder and partnership disputes
• Debt recovery and contract enforcement
• Mediation and arbitration, with a focus on preserving family and business relationships where possible