To ensure success, our commercial lawyers will use the full scope of the law.
You and your family’s assets and well-being will be protected by our Estate Lawyers.
With our extensive commercial litigation experience, you’re in good hands.
We have 12 years of combined experience, we understand both the case at hand as well as the individual.
We strive for preeminence in the legal space and fight to win every matter that comes into our office, regardless of size or publicity.
Our law firm is available and in reach to provide expert advice when you need it most, 24 hours a day, 7 days a week, 365 days a year.
Truth Lawyers ensures you are kept informed and updated throughout the process whilst developing the strongest case possible.
Providing assistance to small and medium businesses, startups, and corporations
With a range of legal assistance with free fixed fees, we provide a range of legal assistance to Australian companies from start-ups to corporates.
We practice Commercial Law in the following areas:
Commercial law experts at our firm specialize in a wide range of areas, including:
Buying and selling businesses
Contracts and disputes related to intellectual property
Governance of corporations, including corporate law
Consumer law and trade practices related to the sale of goods
Business law
Contract law
Litigation and dispute resolution in the commercial sector
Employment law
Property law
Personal Property Securities
Unit Trusts
A growing number of intangible properties and assets are being protected than ever. With advances in technology, more IP is created, and more IP infringements and disputes are occurring. We are a Sydney-based commercial law firm that handles disputes, infringements, contracts, and intellectual property protection, including:
trademarks,
patents,
copyright,
designs,
trade secrets
know-hows
domain names
brand names
confidential and scientific information
You may find the following links useful if you need further information on domestic and international IP laws:
IP Australia
World Intellectual Property Organisation
Austrade
When selling or purchasing a business, it is crucial that you understand exactly what it is that you are purchasing/selling. Understanding the ownership structure is crucial before considering tangible and non-tangible asset inclusions. In fact, some tightly regulated industries/business types such as NDIS providers cannot be sold as a “sale of business”, but rather a sale of shares – which transfers the liabilities and obligations of the previous owner to the new owner. What’s the difference?
The law recognises a company as a separate legal entity from its shareholders. Therefore, a sale of shares transaction involves taking over a company in its entirety, including all associated risks, liabilities, obligations, and claims. Due diligence should be performed in a sale of shares transaction, and a seller can expect the buyer to request robust warranties and indemnities from the seller.
However, a business sale typically involves the sale of a variety of tangible and intangible items, such as materials, equipment, plants, know-how, client lists, business names, goodwill, and other intellectual property. In addition, unlike share sale transactions, the buyer does not assume the company’s liabilities.
Our expert business lawyers have experience acting for both the seller of a business and the buyer of a business. The solicitors of our firm will provide you with a thorough listing of the assets, both intangible and tangible, as well as the obligations and liabilities that will be transferred to you as a buyer. If you are a buyer, our solicitors will review and advise on the sale of business contract. Key contracts (such as supplier agreements governing critical supply arrangements and agency agreements), key personnel, and imperative intellectual property (such as the website, copyright on documentation, and client database) are frequently overlooked.
Our team will assist you in drafting a contract for the sale of your business and ensure your liabilities and warranties are minimized.
We can assist you in preparing or reviewing key contracts such as:
Contracts of partnership
Franchise Agreements
Shareholder Agreements
Schemes for allocating employee shares
Supplier contracts
Subcontracting and contractor agreements
Building Contracts
Commercial Leases
Retail Leases
Service Agreements
Confidentiality Agreements
Non-disclosure Agreements
Trade restrictions and non-complete clauses
Employment Agreements
The Corporations Act 2001 (Cth) can be a minefield to navigate let alone understanding the obligations and duties of your organisation towards stakeholders, employees, suppliers, customers, clients, and regulators such as the Australian Securities and Investments Commission (ASIC). You can find it difficult and exhaustive to ensure that your company complies with the Corporations Act and its regulators like ASIC.
Directors are responsible for making sure their companies adhere to best practice corporate governance and comply with their legal obligations under the Corporations Act. This includes key responsibilities such as:
Making decisions in the company’s best interests and for a proper purpose
Analyzing how decisions will affect the company’s business performance, especially when money is involved and/or the company’s reputation is at stake
Making sure the company can pay its debts on time by staying informed about its financial position
Making informed decisions by seeking professional advice
Disclosing any material personal interests in a full and frank manner
This is illegal and may violate civil and criminal provisions of the Corporations Act 2001 if the company trades while insolvent.
Even after a company ceases to trade and is deregistered, directors may still have duties and obligations.
Due to your breach of duty, the company has suffered some losses
In particular, companies with employees are subject to the ATO’s Director Penalty Regime if they have outstanding tax obligations. It is your legal responsibility to ensure your company meets its Superannuation Guarantee Charge (SGC) and Pay As You Go (PAYG) obligations as a director.
An illegal phoenix activity occurs when an existing company is deliberately wound up or closed down in order to avoid paying outstanding debts, including taxes, creditors, and employee benefits.
We have extensive experience in the following industries-specific areas of commercial law:
Building contracts, Fair Trading licensing appeals, Fair Trading disputes, Fair Trading internal reviews, and Complaints Resolution are included in the category of construction and home building.
Liquor Licensing
Australian Skills Quality Authority appeals and litigation related to compliance, non-compliance, and de-registration of registered training organizations.
National Disability Insurance Scheme (NDIS) provider deregistration and non-compliance litigation, National Disability Insurance Agency (NDIA) appeals, and company setup service provider sale and purchase.
Litigation, dispute resolution, and licence appeals related to pharmacy purchases and sales
Appeals and compliance with the Therapeutic Goods Administration (TGA) for medical cannabis
It is the Australian Securities and Investment Commission’s responsibility to regulate Australian businesses under the Corporate Law Act (Cth) 2001 (simplified by the Corporate Law Economic Reform Program Act 2004). A company’s form and function are also governed by the act. Various regulations and codes of practice apply to businesses in certain industries, as well as licensing, membership, registration, and accreditation requirements. For instance, the Financial Sector is regulated by APRA, the Registered Training Organisations (RTOs) are regulated by ASQA, and the NDIS Quality and Safeguards Commission is regulated by the NDIS Quality and Safeguards Commission.
The above is general legal information and should not be considered legal advice. For legal advice tailored to your specific legal matter, speak to one of our commercial lawyers. Cases are handled by the courts and tribunals on a case-by-case basis, and COVID-19 may also cause delays.
As a broad subject area, commercial law covers all aspects of commercial transactions and disputes. Many people specialize in specific areas, such as corporate law, commercial litigation, employment law, consumer law, or intellectual property law.
A commercial lawyer is involved in a range of areas aimed at managing risks for businesses and individuals involved in or dealing with trade and commerce. Commercial law governs all aspects of commercial transactions.
Despite being related to business law and corporate law, commercial law is broader than either of them. A commercial lawyer understands laws and provides legal advice regarding all aspects of commercial transactions (such as contract law, property law, tax law, employment law, corporate governance, and consumer law), as well as representing businesses and individuals in disputes.
The commercial law industry in Australia is highly regulated, so dealing with state and federal government agencies is often necessary. Commercial law often involves aspects of public law, such as administrative law, regulation (whether securities and investments, competition, prudential regulation, or foreign investment).
Law students must study a wide range of subjects in order to gain an understanding of how commercial law operates in practice. As a result of this study, students will be able to understand more complex aspects of commercial legal practice.
Depending on the size of the practice, the experience of the lawyer, and the city in which the lawyer practices, commercial lawyers can earn a good living.
Corporate law, intellectual property law, tax law, contract law, commercial litigation, property law (including property transactions such as sales and bailments), consumer law and trade practices, private law, personal property securities, sale of goods, employment law, banking, investment and finance all fall under the category of commercial law.
Lawyers specializing in commercial law draft and negotiate contracts and other legal documents, and represent clients in commercial disputes.
It is common for a commercial lawyer to practice in one of two main areas:
Work in corporate law and advice/transactions;
Litigation and dispute resolution in the commercial sector.
A transactional lawyer advises clients on a variety of issues, including tax, sale of goods and consumer law, employment law contracts, intellectual property protection, and corporate law. Since each of these areas can be complex, commercial lawyers specialize in one or more of these fields.
Lawyers who specialize in litigation deal with disputes arising in commercial settings. These lawyers advise their clients on dispute resolution and represent those clients in negotiations, mediation, arbitration, or courts. Commercial litigation lawyers are often able to practice more broadly than transaction lawyers because they are typically specialists in negotiation and court procedures.
To make a career as a commercial lawyer, you must first complete a law degree at university – law school (either an undergraduate course Bachelor of Laws, or a postgraduate course Juris Doctor), which both require a specific number of credits. In Australian cities such as Sydney and Melbourne, law schools are extremely competitive, and admission is often based on a strong UAC ranking.
Students who enroll in a university law school choose coursework subjects that focus on commercial law in order to gain an understanding of how various types of commercial law operate.
The study of law is quite different from practice, so many students complete internships (or clerkships) at a legal practice during their student enrollment to gain practical experience, and law firms usually value this kind of initiative and experience when hiring junior lawyers.
Upon obtaining a law degree, a person might pursue further study options with a greater focus on commercial law of interest, such as a postgraduate master’s degree.
The qualification of a lawyer and a demonstrated interest in commercial law will generally qualify a person for employment as a commercial lawyer.
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