When a Business Owner Needs an Accountant, Lawyer or Migration Adviser

Three kinds of professional, three different roles

Business owners often hear the advice “ask a professional” — but which professional, when, and to ask what? An accountant, a commercial solicitor, and a migration agent have very different areas of expertise. None of them can do the others’ job.

This article is a practical decision framework: which situation calls for whom, and what to prepare so the meeting is as useful as possible.

When you need an accountant

Before you start the business:

Choosing a suitable business structure (sole trader, company, trust) — each structure has a different tax impact
Understanding the GST, BAS, and income-reporting obligations of the structure you choose
Planning finances and cash flow for the first 12 months

During operation:

Setting up an accounting and record-keeping system
Lodging annual tax returns
Advice on hiring employees: super, PAYG withholding, STP
Preparing financial statements if needed for a bank or partner

When buying or selling a business:

Assessing the financial health of a business you intend to buy
Structuring the transaction to optimise tax within the limits of the law

When facing financial difficulty:

Assessing whether the business can still recover
Advising on the next steps before the situation gets worse

An accountant cannot replace a solicitor on legal contract matters — and vice versa.

When you need a commercial solicitor

Before you start:

Reviewing a partnership agreement if several people are contributing capital — this is a document you need in place before you start, not after a dispute arises
Reviewing a shareholders agreement if you are a company with multiple shareholders

Contracts:

Reading and advising on a commercial lease before you sign — this is an important long-term obligation
Drafting or reviewing contracts with suppliers, customers, or distributors
Reviewing a franchise agreement before you sign

Personnel:

Employment contracts, especially where there is a non-compete or confidentiality clause
When there is a dispute with an employee

Buying and selling a business:

Legal due diligence when acquiring a business
Drafting or reviewing a sale agreement

Disputes:

When there is a dispute with a customer, supplier, or business partner
When you receive a letter of demand or are threatened with legal action

Important: The solicitor must be one you choose yourself, not one introduced by the other side (the landlord, franchisor, or partner) — there is a potential conflict of interest.

When you need a migration agent

If you are on a temporary visa or considering a visa related to business and investment, these are the situations that call for advice from a MARA-registered migration agent:

Before you start a business:

Does your visa allow you to own a business or work in your own business?
Will running a business affect your pathway to PR?

When considering a visa related to business and investment:

Visas designed for business owners and investors (business innovation, investor) have their own complex requirements and conditions — they need careful assessment before you decide
Combining a temporary visa with a long-term business plan

Do not ask a migration agent about:

Tax advice — that is the accountant’s job
Company structure advice — that is the job of the accountant and solicitor

Always check that a migration agent has a valid MARN at mara.gov.au before using their services. See the migration section for more on how to choose a good migration agent.

How to prepare before meeting a professional

A meeting with a professional is most valuable when you arrive prepared. Here is what to get ready:

For the accountant:

A description of the planned business: what you sell, to whom, and your revenue model
Revenue and cost projections (even rough estimates)
Who is involved — just you, or other people contributing capital?
Personal assets you want to protect
Your current visa status if you are not a PR or citizen

For the solicitor:

The documents you need reviewed or signed — send them in advance if possible
The history and context of the transaction or dispute
The outcome you want to achieve

For the migration agent:

Your current visa and its expiry date
Your migration history (visas held, applications lodged)
Your specific business plan

Where to find a professional

Accountant: Look for someone registered with CPA Australia, CA ANZ, or the IPA. Ask within your community but don’t rely on that alone — check that they have experience with your type of business.
Solicitor: The Law Society in your state has a search tool by area of expertise. Look for someone who specialises in commercial/business law.
Migration agent: Find a MARA-registered agent at mara.gov.au. Don’t use anyone without a MARN, even if they call themselves a “migration consultant”.

The cost of an initial consultation with each kind of professional is usually very small compared with the cost of fixing mistakes — this is one of the highest-ROI investments you can make when starting a business.