Asset Protection & Structuring Lawyers
Strategic, tax‑aware structuring to help protect your personal & business wealth.
- Help separate your personal assets from day‑to‑day business & litigation risk
- Implement structures in line with current bankruptcy & tax legislation
- Support tax‑effective ownership using appropriate trust & company structures
- Structure debt & equity arrangements to reduce exposure of key assets
Our Asset Protection & Structuring Services
As experienced asset protection lawyers, we guide our clients through tried & tested protection strategies to secure your wealth, including:
01. Secured Debt & Equity Transfer Strategies
We implement legitimate gift & loan back arrangements to reduce the exposure of equity in your personal & business assets to future creditor claims, by:
- Structuring secured debt facilities to quarantine valuable equity;
- Drafting the necessary loan agreements & security documents; and
- Registering mortgages or PPSA charges to secure your ownership position.
02. Main Residence Trust Strategies
We establish flexible trust structures designed to isolate your family home from commercial litigation & daily trading risks, such as:
- Advising on the right structure to safeguard your primary residence;
- Drafting trust deeds that separate personal wealth from business activities; and
- Managing the legal transfer of property while working to minimise tax & stamp duty implications.
03. Legacy Protection Solutions
We secure your long-term wealth through the strategic pledge of equity via legitimate purchase arrangements, including:
- Structuring effective purchasing agreements to shield generational wealth;
- Drafting legal documentation to formalise equity pledges; and
- Reviewing existing asset holding entities to provide a robust solution against unexpected financial disasters.
04. Negative Gearing & Internal Credit Structures
We set up internal line of credit facilities & negative gearing trusts to optimise your investment portfolios while insulating them from risk, through:
- Establishing a trust structure that supports tax-effective investment strategies;
- Drafting internal credit agreements between your safe holding entities & trading companies; and
- Structuring debt to legally protect your investments from external creditors.
05. Business Succession & Buy Sell Arrangements
We create clear succession plans & buy-sell agreements to ensure business continuity & asset safety during unexpected ownership transitions, covering:
- Drafting robust buy-sell agreements to manage the exit or incapacity of a business partnership;
- Structuring insurance-backed funding mechanisms for equity transfers; and
- Advising on the legal & tax implications of transferring business assets.
06. Shareholder & Unitholder Agreements
We draft comprehensive agreements to manage control, outline responsibilities & protect the interests of equity holders across your commercial ventures, including:
- Structuring voting rights, dividend policies & dispute resolution mechanisms;
- Drafting tailored shareholder & unitholder agreements for your specific business structure; and
- Establishing clear rules for the sale, transfer, or valuation of shares & units.
07. Estate Planning Solutions
We integrate asset protection with comprehensive estate planning to secure your generational wealth against future claims or family disputes, by:
- Drafting complex wills & testamentary discretionary trusts;
- Structuring your estate to protect inheritances from beneficiaries’ insolvency or family law risks; and
- Aligning your personal estate plan with your broader business succession strategy.
Who We Act For
GRM LAW’s asset protection lawyers understand how personal and business wealth is built, structured & exposed – and act as strategic counsel to a broad spectrum of clients, including:
Business Owners & Founders
Entrepreneurs running active trading companies with personal assets exposed to daily commercial risk.
High Net Worth Individuals & Families
Private clients navigating complex estate planning solutions for significant generational wealth & property portfolios.
Property Developers
Builders structuring site acquisitions & special purpose vehicles for large-scale residential or commercial projects.
Private Lenders & Financiers
Credit funds & non-bank institutions issuing secured debt across complex multi-lender stacks.
Company Directors & Board Members
Corporate leaders facing severe personal liability exposures from strict governance duties & trading activities.
Medical & Allied Health Professionals
Practitioners delivering frontline healthcare services vulnerable to severe professional negligence claims & civil judgments.
Investors & Shareholders
Silent partners & equity holders securing minority interests across various commercial joint ventures.
Franchisees & Franchisors
Network operators expanding across multiple retail sites with significant shared operational liabilities.
Speak With Our Asset Protection & Structuring Team
Our senior lawyers will contact you to discuss your risk profile & outline next steps.
What Our Clients Say
How The Process Works
01.
Initial Risk & Structure Assessment
We evaluate your current personal & business assets to identify structural vulnerabilities, pinpointing exact liability exposures before a creditor claim arises.
02.
Strategy Development
We design a tailored asset protection strategy using tested trust structures & debt transfers to legally insulate your wealth from future commercial litigation.
03.
Implementation & Documentation
We draft & execute the necessary trust deeds, shareholder agreements & security documents to establish your new business structure without disrupting daily operations.
04.
Ongoing Review & Compliance
We proactively review your entities against evolving taxation & bankruptcy legislation to ensure your protection strategies remain effective as your commercial circumstances change.
Speak With Our Asset Protection & Structuring Team
Our senior lawyers will contact you to discuss your risk profile & outline next steps.
Why Choose GRM LAW
01. Tested & Proven Strategies
Our asset protection strategies are designed & implemented in line with current bankruptcy, corporations & tax laws to reduce the risk of successful clawbacks.
02. Deep Commercial Acumen
We align your business structure with tax & commercial realities to minimise daily operational risk.
03. Specialist Legal Expertise
An Accredited Specialist in Business Law leads our team to protect your high-value business assets.
04. Holistic Lifecycle Support
We guide clients from initial entity setup through to secure ownership transitions & final exit events.
Meet Gavin McInnes
As the founder of GRM LAW, Gavin is an award-winning corporate & commercial lawyer with nearly 20 years of experience in asset protection & structuring. He is an Accredited Specialist in Business Law who designs robust legal structures to insulate your wealth from commercial litigation & bankruptcy risks.
- Accredited Specialist in Business Law with nearly two decades of experience
- Author of Protect Your Assets, a preeminent guide to structuring in Australia
- Advises high net worth individuals, business owners & national brands on complex asset protection and structuring strategies
Gavin delivers practical, tested strategies to ensure your personal & business assets remain secure against future creditor claims.
Recognition & Awards
Key Legal Issues In Asset Protection & Structuring
The Four Major Disasters
Unprotected wealth remains highly vulnerable to four major life events. Insolvency, death, incapacity & family separation can quickly strip away personal and business assets.
A proactive asset protection strategy ensures these disasters do not destroy your financial foundation. Our asset protection lawyers can help you safeguard your legacy against these sudden legal risks.
Timing Your Protection
Effective protection strategies must be established well before any financial distress occurs. Transferring ownership after a creditor claim or litigation arises often triggers severe legal penalties.
A liquidator or the ATO can easily unwind these reactive transactions. Seeking early legal advice ensures your business structure remains defensible during future disputes.
Separating Risk From Assets
Commercial operations naturally generate personal liability and financial exposure. You must quarantine high-risk trading activities from your valuable holding entities.
This separation prevents a single business failure from consuming your personal assets. We guide clients to implement the right structure to minimise tax and isolate commercial risk.
Trusts Versus Companies
Different legal entities offer varying levels of control and security. A company limits shareholder liability but still exposes directors to specific statutory debts.
Discretionary trusts can provide greater flexibility and, in many cases, better protection for capital than holding assets in your personal name. The level of protection depends on how the trust is structured and when it is implemented. Experienced asset protection lawyers can tailor a trust structure to match your taxation position and wealth goals.
Speak With Our Asset Protection & Structuring Team
Our senior lawyers will contact you to discuss your risk profile & outline next steps.
Legal & Compliance Insights
Frequently Asked Questions
When Is The Best Time To Set Up An Asset Protection Structure?
The best time to establish an asset protection structure is before you face financial distress. Moving assets after a claim or litigation arises can trigger severe legal & insolvency risks. Speak with our asset protection lawyers to secure your wealth proactively.
How Does GRM LAW Assess My Current Risk Profile?
We conduct a thorough review of your personal & business assets to identify structural vulnerabilities. This assessment pinpoints your exact liability exposure to creditors before any claims occur. We then design a tailored strategy to insulate your wealth.
Will You Work With My Existing Accountant Or Financial Advisor?
Yes, we regularly collaborate with your existing financial & tax professionals. This ensures your new business structure aligns perfectly with your broader commercial goals. We aim to minimise tax implications while maximising your legal protection.
Can Liquidators Or The ATO Unwind Asset Transfers?
Yes, regulators can unwind transfers made during insolvency to defeat creditors. However, well‑designed protection strategies implemented early and in compliance with bankruptcy and tax legislation are less likely to be unwound. We focus on ensuring your asset transfers comply with current laws and are not entered into to defeat creditors.
How Long Does It Take To Implement A New Corporate Structure?
Implementing a new structure generally takes a few weeks from our initial consultation. The exact timeline depends on the complexity of drafting your trust deeds & shareholder agreements. We work efficiently to execute security documents without disrupting your daily operations.
Do You Review Existing Trust Deeds And Shareholder Agreements?
Yes, we audit legacy structures to identify critical weaknesses & liability gaps. We then update your agreements to ensure compliance with evolving taxation & bankruptcy legislation. Contact our team to evaluate your current legal & financial setup.
What Is A Gift And Loan Back Strategy?
It is a secured debt strategy used to protect equity in your personal assets. This arrangement legally isolates high-value assets like the family home from commercial litigation risks. We implement this solution to secure your ownership against future creditor claims.
What Happens To My Business Assets If I Face Personal Litigation?
Without the right structure, your business assets may be exposed to personal civil judgments. A robust trust structure separates your personal liability from your commercial holdings. This prevents cross-contamination of risk & keeps your business operations secure.
Books By Gavin McInnes
Practical guides on structuring, asset protection and private credit in Australia.
Protect Your Assets
A plain‑English guide to protecting your home, business interests and investments under Australian law. Written for business owners, professionals and families who want to keep what they’ve built safe from avoidable risk.
Private Credit In Australia (Coming Soon)
A forthcoming guide to structuring, documenting and managing private credit transactions in the Australian market, written for lenders, sponsors and their advisers.
Explore Our Other Practice Areas
Deep expertise across corporate, banking & finance, property and related commercial work.
Private Lenders & Non‑Bank Finance
Strategic loan, security & enforcement advice for private credit funds, family offices & non‑bank lenders across Australia.
Property Developers & Projects
End‑to‑end legal support for property developers from site acquisition & approvals through to construction, sales, leasing & disputes.
Business Acquisitions & Disposals
Buy‑side & sell‑side advice on business and share sales, from initial structuring and due diligence through to completion.
Corporate & Commercial Advisory
Ongoing corporate, governance & commercial contracts advice for private companies, family businesses & investors.
Structuring & Asset Protection
Structuring businesses, investments & personal wealth to manage risk, protect assets and support long‑term succession.
Franchising
Establishing, growing & restructuring franchise networks, including franchise agreements, disclosure, compliance & exits.
IP & Technology
Protecting and commercialising intellectual property, software & technology through tailored licensing, development & sale agreements.
Real Estate Funds & Capital Raising
Advising real estate fund managers, sponsors & investors on fund structures, capital raisings & transaction execution across Australia.
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