Commercial Lawyers Sydney

Commercial law is the body of law which regulates the rights, conduct and obligations of businesses and businesspersons in their commercial activities and transactions with other businesses and members of the public.

Commercial litigation is the process where two or more businesses are unable to resolve a commercial dispute and engage commercial lawyers to take the matter to Court, where the Court will hear the parties’ evidence and legal arguments and make a binding decision in respect of the dispute.

The first role of a commercial lawyer is to review their client’s instructions and evidence and advise their client on their legal rights and position in respect of the dispute and whether it is appropriate to take the matter through the Court system. A commercial lawyer will also explore the possibility of whether the matter can be resolved without going to Court.

If the dispute does go the Court, commercial lawyers will:

1. prepare the necessary court documents to commence court proceedings;
2. obtain further instructions and documents from their client and prepare evidence in support of their client’s case;
3. provide advice to their client on its legal rights and the Court process;
4. develop and prepare their client’s legal arguments;
5. appear in court on behalf of their client;
6. engage in negotiations with the other side’s lawyer to see if the dispute can be resolved prior to the final hearing

Commercial law covers many different areas, including:

1. Contract law, being the body of law regulating the formation, interpretation and breach of contracts;
2. Corporations law, being the body of law regulating the ownership, management and conduct of corporations and their shareholders and directors;
3. Property and leasing law, being the law regulating ownership and other rights in respect of real property (land) and personal property;
4. Intellectual property law, including copyright, trademark, patent and design law;
5. Trade practices and consumer law, being the body of law set out in the Australian Competition and Consumer Act and the Australian Consumer Law, including misleading or deceptive conduct, unfair contracts and consumer warranties;
6. Equity and trusts, being the body of law regulated by equitable principles, including estoppel, trust law and breach of fiduciary duties;
7. Debt recovery law, being the law regulating the recovery of outstanding debts;
8. Unjust enrichment and quantum meruit;
9. Insolvency law;
10. Building and construction law;
11. Partnership, franchise and joint venture law.

The purpose of commercial law is to regulate the way that businesses conduct their commercial activities and transact with each other and consumers, so that both businesses and consumers have certainty and efficiency in their dealings with each other and protection from certain unfair business practices. Commercial litigation provides a mechanism and to resolve disputes between businesses and/or consumers in the event that commercial relationships break down.

A good commercial lawyer should have the following attributes:

1. Knowledge and experience in the relevant area of law;
2. Commercial understanding and ability to see the bigger picture;
3. Good communication skills and transparency;
4. Professionalism

Commercial lawyers specialises in representing clients with transactions or other legal needs that involve the sale and purchase of businesses.

Commercial Lawyers advise companies on their business-related matters such as contracts, intellectual property protection, outsourcing agreements, and compliance issues pertaining to international trade regulations.

As part of work with these entities, commercial lawyers will undertake several tasks. These include the following:

• Advising clients on their legal obligations relative to employment matters and contract law
• Drafting, reviewing, or negotiating contracts for a client’s business dealings with another company
• Handling litigation relating to corporate transactions, such as shareholder disputes or business torts
• Commercial lawyers may also offer advice with intellectual property protection, regulations pertaining to international trade, and company compliance issues