Ashcombe KerrLawyers Book a first conversation

Commercial and private client lawyers · Newcastle and Sydney

For the business you built, and the family it's for.

We advise owner-operators across Newcastle, the Hunter and Sydney. Selling the business, signing the lease, deciding who takes over: one partner who sees the whole picture, and a fee you'll know before we start.

Established 1994 A partner on every matter Fixed-fee scopes in writing

A sandstone law library with arched windows, timber shelves of bound law reports and a brass reading lamp on a long table
The library Newcastle office

Why Ashcombe Kerr

A business owner's legal life doesn't sort neatly into departments. Neither do we.

Selling the company touches the family trust. A lease renewal changes what the business is worth. A will that ignores the shares is a dispute waiting to happen. We've spent thirty-one years advising the people who own Hunter and Sydney businesses, and most of our work comes from seeing those connections before they turn into problems.

You'll deal with a partner from the first call. They'll know your file, your accountant and, quite often, your children.

  • 31

    years advising Hunter and Sydney businesses

  • 11

    lawyers across two offices, four of them partners

  • 2

    business days to a written scope and fee

  • 70%

    of our matters run on a fixed fee

Practice areas

Five areas of law, one client at a time.

We keep to the work owner-operators actually need, and we do it often enough to be quick at it. Anything outside these five, we'll refer to a firm we trust.

  1. Buying and selling businesses

    Vendor and purchaser work for businesses worth $1m to $40m. Heads of agreement, due diligence, sale contracts, staff transfers and the restraints that protect what you're paying for.

    • Share and asset sales
    • Management buy-outs
    • Earn-outs and vendor finance
  2. Commercial contracts and leasing

    Supply, distribution and service agreements, shareholders agreements, and retail and commercial leases from either side of the table. Contracts your team can actually follow.

    • Shareholders agreements
    • Retail and commercial leases
    • Terms of trade
  3. Succession and estate planning

    Wills, testamentary trusts and powers of attorney, then the harder part: who runs the business, who owns it, and how the family stays on speaking terms when it changes hands.

    • Testamentary trusts
    • Business succession plans
    • Enduring powers and guardianship
  4. Commercial disputes

    Partner fallouts, unpaid debts, contract claims and lease disputes. We'll tell you early whether it's worth the fight, and we settle most matters well before a hearing.

    • Shareholder and partner disputes
    • Debt recovery
    • District and Supreme Court litigation
  5. Property and development

    Site acquisitions, subdivisions, development agreements, joint ventures and off-the-plan sales across the Hunter, Lake Macquarie and Sydney.

    • Site acquisitions
    • Joint ventures
    • Off-the-plan contracts

How a matter runs

The same five steps, whatever the matter.

You shouldn't have to wonder what your lawyer is doing, or what it's costing. This is how every file runs here, from a lease review to a contested estate.

  1. Step 01

    A first conversation

    Twenty minutes with a partner, at no charge. We check for conflicts, ask what's happened and tell you honestly whether you need a lawyer at all.

  2. Step 02

    A written scope

    Within two business days you'll have a letter setting out what we'll do, what we won't, who's doing it and what it'll cost. A fixed fee wherever the work allows.

  3. Step 03

    The work itself

    One named partner runs your matter from start to finish. You'll get an update every fortnight, sooner if something moves, and a reply to every email within a business day.

  4. Step 04

    Completion

    A closing letter in plain English: what was signed, what you now own or owe, and the dates that matter from here. Original documents go into safe custody at no charge.

  5. Step 05

    What comes after

    Lease options, restraint expiries and estate plan reviews go in our diary as well as yours. We'll call well before a deadline arrives, not the week it does.

Fees

What it costs, before you commit.

Before we start you'll get a written costs disclosure, as the law requires. Ours also tells you which of three ways we'll charge, and why.

A hand signing a typed agreement with a fountain pen, beside an envelope sealed with oxblood wax
  1. I

    Fixed-fee scopes

    For defined work, one price agreed in writing. If the job stays inside the scope, the fee doesn't move. If it grows, we'll quote the extra before doing it.

  2. II

    Written estimates, in stages

    Disputes and larger deals can't be priced to the dollar on day one. We estimate each stage, report against it monthly and ask before going past it.

  3. III

    Hourly rates, disclosed up front

    Where hourly billing is fairer, you'll see every rate below, billed in six-minute units with a description of the work on every invoice.

Typical fixed fees

Wills and estate plan for a couple, with testamentary trusts
from $3,850
Commercial lease review and negotiation, for a tenant
from $2,750
Shareholders agreement for up to four owners
from $4,950
Business sale, vendor side, up to $3m
from $16,500
Business purchase, including legal due diligence
from $19,800

Hourly rates

Partner
$660 an hour
Special counsel
$550 an hour
Senior associate
$480 an hour
Associate
$385 an hour
Paralegal
$220 an hour

All fees include GST. Court filing fees, searches and barristers' fees are passed on at cost and always estimated first.

People

Four partners. One of them on every file.

Eleven lawyers in all, small enough that the partners still answer the phone. Founded in Newcastle in 1994, with a Sydney office since 2011.

Two partners talking by a tall window in a sandstone corridor, one leaning on the sill and both smiling
Claire Whitaker and Andrew Kerr, between meetings in Newcastle.
  • Claire Whitaker

    Managing partner · Newcastle

    Business sales, succession and estate planning

    Accredited Specialist, Wills and Estates. Admitted 1997.

  • Andrew Kerr

    Partner · Sydney

    Commercial disputes and litigation

    Admitted 1999. Runs our Sydney office.

  • Siobhan Doyle

    Partner · Newcastle

    Property, development and leasing

    Admitted 2004. Former in-house counsel to a Hunter developer.

  • Rahul Menon

    Partner · Newcastle and Sydney

    Commercial contracts and business purchases

    Admitted 2008. Chartered accountant before law.

Matters in practice

What the work looks like.

Illustrative matters. Names and identifying details are changed.

  1. 01

    A family engineering business, Beresfield

    The situation
    Two brothers, 61 and 58, selling to a national competitor for $11.5m. One wanted cash on completion, the other was happy to stay on for an earn-out.
    What we did
    Structured a share sale with a staged earn-out for one interest only, negotiated the restraint down from five years to three, and updated both brothers' wills and the family trust deed before completion.
    Where it landed
    Completed in fourteen weeks. Both families' estate plans now reflect what they actually own.
  2. 02

    A hospitality group, Newcastle and Lake Macquarie

    The situation
    Four venue leases ending within eighteen months, and two landlords proposing rent increases of around twenty per cent.
    What we did
    Ran all four renewals as one project, used the market review clauses as they were written and negotiated new options on three of the sites.
    Where it landed
    The average increase was held to six per cent, with fifteen more years of tenure across the group.
  3. 03

    A retired builder and his three adult children, Maitland

    The situation
    A property portfolio worth about $9m, a second marriage and one child who'd worked in the business for twenty years.
    What we did
    Testamentary trusts, a financial agreement negotiated with his wife's own lawyer, and a family meeting to explain the plan before anything was signed.
    Where it landed
    Everyone heard the same plan in the same room. Nobody will have to guess what he meant.
A boardroom with sandstone walls, oxblood leather chairs and a long timber table, looking out over the harbour and shipyard cranes

Our offices

Two offices. One way of working.

Newcastle
On the harbour since 1994. Most of our team, and the library.
Sydney
In the city since 2011, for clients whose businesses span both.

We'll meet you at either office, at your premises or by video. Your file is shared between both, so it never matters which one you call.

FAQs

Fair questions.

Something we haven't covered? Call 0491 570 110 and ask for a partner. You won't be put through to a call centre.

Do you charge for the first conversation?

No. The first twenty minutes with a partner is free, by phone or in person. If we can't help, or you don't need a lawyer yet, we'll tell you, and often point you to someone who can.

Can I get a fixed fee?

For most defined work, yes: wills and estate plans, leases, shareholders agreements, and the sale or purchase of a business. Where the work can't be fully scoped, such as a dispute, we give you a written estimate in stages and tell you before we go past it.

Who will actually do the work?

A named partner runs every matter and stays on it to the end. Associates and paralegals do some of the work at lower rates, and your scope letter says exactly who's doing what.

Will you work with my accountant and financial adviser?

We'd much rather. Selling a business or planning an estate crosses tax, law and money, so we share drafts with your other advisers and meet them with you when it helps.

How long does it take to sell a business?

From signed heads of agreement to completion, usually three to five months. Larger deals, landlord consents and regulatory approvals can stretch that, and we'll map the timetable for you at the start.

What if my dispute ends up in court?

Then the same partner stays with it, and we brief a barrister where the case needs one. Most commercial disputes settle well before a hearing, and we'll give you a frank view of the odds and the costs at every stage.

Get in touch

Start with twenty minutes and a partner.

No charge and no obligation. Tell us a little about what's happening and a partner will call you within one business day. Please don't send confidential documents yet: we need to check for conflicts first.

Offices
Newcastle and Sydney, by appointment
Hours
Monday to Friday, 8.30am to 5.30pm

We'll only use your details to arrange this call and check for conflicts.