Lawyers for Sydney Startups
Our startup lawyer team helps Sydney founders with business structuring, capital raising, intellectual property protection, and regulatory compliance during the early stages of growth.
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600+
Startups Incorporated
$150M+
Total Capital Raised
500+
Trade Marks Registered
40+ Years Combined Legal Experience
What Is A Startup Lawyer, And When Do You Need One?
A startup lawyer is a legal specialist for early-stage, high-growth businesses. Where a general commercial lawyer may only react to problems, a startup lawyer helps you avoid them entirely by building the right legal foundations from day one.
At Lazarus Legal, our startup lawyer team regularly advises Sydney founders regarding the following sample scenarios:
You are turning your idea into a registered company
You want to raise capital from angels or VCs
Two or more founders are splitting equity
An investor has sent you a term sheet to review
A co-founder or key employee is about to leave
A contractor built something your business now relies on
You are hiring your first employee or issuing share options
A supplier or customer wants you to sign their contract
Why Choose Lazarus Legal's Startup Lawyers
Lazarus Legal combines 40 years of commercial law experience with genuine startup specialisation, transparent fixed-fee pricing, and on-the-ground Sydney expertise.
- Early-Stage Risk Expertise. After four decades of working exclusively with businesses, our team has seen what goes wrong when founders move fast without the right foundations. We apply that experience specifically to early-stage businesses, where the decisions you make in year one follow you for years after.
- Fixed-Fee Pricing, No Surprises. Our startup services are offered on a transparent, fixed-fee basis so you know exactly what you are paying before work begins. No hourly billing and no unexpected invoices for projects with clearly defined scope.
- Sydney-Based, With Local Startup Knowledge. We are based in Sydney and work closely with founders across the NSW startup ecosystem. That means we understand the local regulatory environment, the expectations of Australian angel investors and VCs, and the compliance obligations that apply specifically to businesses operating in this market.
Legal Services Tailored for Sydney Startups
From incorporation through to capital raising and beyond, Lazarus Legal’s startup lawyers handle the full legal lifecycle of an early-stage business. Below is a breakdown of our core services, what we do, and what is at risk if these steps are handled without proper legal advice.
| Service | What We Do | Risk Without Proper Advice |
|---|---|---|
| Business Structuring & Formation | Advise on the right structure (company, trust, or sole trader), handle ASIC incorporation, and draft shareholder agreements covering equity splits, voting rights, and founder exit clauses under the Corporations Act 2001. | Poorly structured equity splits and missing exit clauses create costly founder disputes. Without a compliant constitution, the replaceable rules under the Corporations Act 2001 apply by default; generic provisions rarely suited to a startup with multiple founders or investors. |
| Capital Raising | Prepare and negotiate term sheets, convertible notes, and SAFE agreements for angel and VC rounds, ensuring compliance with the disclosure and fundraising provisions under Chapter 6D of the Corporations Act 2001 and relevant ASIC regulatory guides. | Under section 727 of the Corporations Act 2001, offering securities without a compliant disclosure document or applicable exemption is prohibited. Non-compliant fundraising exposes founders to significant civil penalties and may unwind the round entirely. |
| IP Protection | Conduct IP audits to confirm company ownership, register trademarks with IP Australia, and draft NDAs and confidentiality agreements. | IP owned personally by a founder or contractor rather than the company can block future investment. Unregistered trademarks have no formal statutory protection under the Trade Marks Act 1995, leaving the company to rely on the more limited and costly common law action of passing off. |
| Employment & Contracting | Draft compliant employment contracts and ESOPs under the Fair Work Act 2009, and structure contractor agreements that satisfy the ATO's contractor versus employee distinction to avoid misclassification. | Misclassified contractors trigger superannuation guarantee charges and PAYG withholding liability under ATO guidelines. Non-compliant ESOPs create unintended tax consequences under Division 83A of the Income Tax Assessment Act 1997. |
| Commercial Contracts & Compliance | Draft and review website terms, privacy policies compliant with the Privacy Act 1988, supplier agreements, and commercial contracts consistent with Australian Consumer Law under the Competition and Consumer Act 2010. | Businesses collecting personal data without a compliant privacy policy breach the Australian Privacy Principles. Following the 2022 and 2024 amendments to the Privacy Act 1988, penalties for serious breaches can reach up to AUD 50 million, three times the benefit obtained, or 30% of adjusted turnover, whichever is greatest. |
Meet Your Startup's Legal Team
CEO, Notary Public
With nearly five decades of commercial law practice behind him, Barry brings hard-won expertise in business structuring, transactions, and trademark protection to founders who need an experienced, no-nonsense advisor from day one.
Director, Principal Solicitor
Admitted in both Australia and the UK, and formerly Legal Director at Monster Energy across the EMEA region, Mark advises startup founders on IP protection, commercial contracts, and founder agreements with the practical insight of someone who has sat on both sides of the table.
Associate Lawyer
Drawing on her rare background as both a lawyer and a founding partner at venture capital firm Follow the Seed, Chen advises startups on capital raising, business structuring, and corporate matters with a commercial sharpness that few lawyers can match.
What Businesses Say About Lazarus Legal
“Lazarus Legal really do get the startup scene, where your business needs legal as a protector and an enabler to moving quickly, and not a handbrake. Being proactive, attentive, and well-connected also helps when you’re navigating complexity across multiple legal domains. Thoroughly recommend Lazarus Legal if you’re in the startup space and want someone who can help you in your growth.”
“We used Lazarus Legal for a capital raise and some related corporate work, and they were excellent from start to finish. Straight-talking, responsive, and commercially minded — exactly what you want in a lawyer. They kept things moving, explained the options clearly, and made what could have been a drawn-out process quick and stress-free. Highly recommend.”
- Early legal mistakes are the costliest
Start Your Startup Strong With Lazarus Legal
- (02) 8644 6000
- info@lazaruslegal.com.au
- 1/422 Oxford St, Bondi Junction NSW 2022
- 5/133 Wakefield Street Adelaide SA 5000
- 1/14 Fremantle Street Burleigh Heads QLD 4220
Our Startup Lawyer Team Answers Your Questions
Do I need a lawyer to incorporate my startup?
You are not legally required to use a lawyer to register a company in Australia.
Any company in Australia must be registered on the Australian companies register, managed by ASIC, and this can technically be done directly through ASIC’s online portal. However, incorporation is only one step. The decisions made alongside it, including your company structure, whether to adopt a custom constitution or rely on the Corporations Act 2001 replaceable rules, how to split equity between founders, and how to document shareholder rights, have long-term consequences that a standard ASIC registration does not address.
A constitution is a contract between the company and its members, directors and secretary, and explains how the company will be internally managed. ASIC itself notes that you may need legal help to write one. Getting legal advice at incorporation costs a fraction of what it costs to unwind a poorly structured company later.
How much do startup lawyers charge in Sydney?
Startup legal fees in Sydney vary significantly depending on the firm, scope of work, and whether services are billed hourly or on a fixed-fee basis. Based on advertised rates across Sydney firms, company incorporation and basic structuring advice typically ranges from around $1,500 to $3,000, shareholder agreements range from $2,000 to $5,000, and capital raising document packages can range from $3,000 upward depending on complexity.
At Lazarus Legal, we offer transparent fixed-fee pricing across our startup services. Company registration and formation starts from $1,000 to $1,200, and capital raising documents, such as term sheets, convertible notes, and SAFE agreements range from $1,000 to $2,000 depending on complexity. Fixed-fee pricing means you know the cost before we start, with no hourly billing or unexpected invoices.
What should be in my shareholders agreement?
A shareholders agreement is a private contract between the founders and shareholders of a company. It sits alongside the company constitution and governs the relationship between shareholders in practical terms. A well-drafted shareholders agreement for an Australian startup should cover:
- Equity splits and share classes
- Vesting schedules for founder shares, to protect the company if a founder leaves early
- Decision-making rights and voting thresholds for key decisions
- Pre-emption rights, giving existing shareholders first right to purchase shares before they are offered to outside parties
- Drag-along and tag-along provisions, which govern how shareholders participate in a sale of the company
- A founder exit mechanism, often called a “bad leaver” clause, covering what happens to shares if a founder departs under different circumstances
- Dividend policy and reserved matters requiring unanimous or special majority approval
- Dispute resolution procedures
Under the Corporations Act, shareholder rights and responsibilities can be set out in the company constitution, the replaceable rules, or a shareholder agreement. Without a tailored shareholders agreement, you are left relying on those default rules, which do not account for the specific dynamics of a multi-founder startup.
What legal documents does a startup need in its first year?
The documents your startup needs will depend on your stage, but most early-stage companies should have the following in place within their first twelve months:
- Company constitution, filed or adopted at incorporation
- Shareholders agreement, covering equity, decision-making, and founder exits
- Founder IP assignment deeds, ensuring all intellectual property created by founders before and during the company’s operation is formally owned by the company
- Employment contracts or contractor agreements for anyone working in the business, drafted to comply with the Fair Work Act 2009
- Confidentiality and non-disclosure agreements for any third parties you share sensitive information with
- Website terms and conditions and a privacy policy compliant with the Privacy Act 1988 and the Australian Privacy Principles, if you are collecting personal data
- Any regulatory licences or registrations required for your specific industry
The documents most often missed in the first year are IP assignment deeds and privacy policies. Both become significantly harder and more expensive to remedy once the business is further along.
How do I set up an ESOP for my first hires?
An Employee Share Option Plan (ESOP) gives employees the right to acquire shares at a future date, subject to vesting conditions and a fixed exercise price.
The key consideration for most early-stage Australian startups is whether you qualify for the startup tax concession under Division 83A of the Income Tax Assessment Act 1997. If you do, options are not taxed on grant or vesting. Tax is deferred until the employee sells their shares, typically as a capital gain, with access to the 50% CGT discount if held for more than twelve months. To qualify, your company must have a turnover of less than $50 million in the prior income year, among other conditions.
Setting up an ESOP requires a formal option plan document, defined vesting schedules, exercise prices, and compliance with ASIC disclosure and ATO reporting obligations. Errors in the plan structure can inadvertently trigger early tax liabilities for your employees, so this is not a document to template without advice.
Principal Solicitor, Director, Lazarus Legal
Mark Lazarus is a commercial lawyer and Director at Lazarus Legal, admitted in both Australia and the UK. Before joining the firm, Mark served as Legal Director at Monster Energy, overseeing commercial contracts and brand protection across the EMEA region. He has since built a practice focused on founder advisory work, IP protection, and commercial contracts, advising early-stage businesses across Sydney on structuring, capital raising, and employment arrangements. Mark brings the practical perspective of someone who has worked on both sides of the legal table, as in-house counsel for a global brand and as an advisor to Australian startups and growth-stage businesses.
Page Published: 10 July 2025 | Updated: 14 May 2026