Best Corporate & Commercial Lawyers in Australia

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Beger & Co Lawyers.
Adelaide, Australia

Founded in 1997
25 people in their team
English
Experienced, skilled and caring legal adviceAdelaide Lawyers who are experienced, skilled and caring. Read our Reviews to find out why our clients recommend us to their friends and family. Call us for a free consultation to discuss your matter on a no obligation basis.Popular Legal...
RS Law Group Pty Ltd
Fairfield, Australia

Founded in 2022
5 people in their team
English
RS Law Group Pty Ltd is a boutique Australian law firm focused on property law, conveyancing, strata matters, commercial agreements and immigration. Led by Principal Solicitor Rania Shashati, the firm combines hands-on legal expertise with practical transaction management to guide clients through...
WMM Law
Hobart, Australia

Founded in 2018
9 people in their team
English
WMM Law Hobart, a high quality provider of expert advice and solutions to private clients.  Voted one of the top 35 Boutique Law Firms in Australia 2021 by publication Australasian Lawyer, and listed as one of the Leading Wills & Estates Litigation Law Firms in Tasmania 2021 in Doyle’s...
Heasley Lawyers
Boronia, Australia

Founded in 2020
1 people in their team
English
I am a Business Lawyer and Intellectual Property Lawyer based in Boronia Victoria. I specialise in working with individuals as well as small to medium business where possible at an agreed fee. I can assist you with contracts, subcontracts, Intellectual Property issues and agreements leases, or even...

Founded in 1992
2 people in their team
English
Jeanette JovanovicJeanette Jovanovic is an experienced litigation lawyer specialising in personal injury law, workers compensation, commercial law, wills and estates and has been practising for over 30 years. Jeanette’s work in the field of business and finance includes commercial and private...
Bolden Lawyers
Melbourne, Australia

Founded in 1993
2 people in their team
English
About Hercules Constan Lawyers is a boutique law practice established in 1993. It is located close to Melbourne’s CBD on St Kilda Road, Melbourne.In its 25 year history its has built a solid reputation in supporting its portfolio of clients including statutory authorities, corporations,...
ZMK LAWYERS
Melbourne, Australia

Founded in 2017
10 people in their team
English
Hindi
ABOUT USOUR FIRMZMK Lawyers is a Melbourne based general practice law firm. We offer full range of litigation & business transnational services on local, national and global level.  Our business motive is to work collaboratively with our clients to build long term...
Astuto Lawyers
Melbourne, Australia

Founded in 2015
25 people in their team
English
About UsDon Christie LLB (University of Tasmania)LLM and MTax (Monash) Graduate Diploma Securities Institute of AustraliaDon has extensive experience as a Lawyer and Public Company Director Working initially in private practice as an Associate at Wisewould Schilling and government practice with the...
Cooper Grace Ward
Brisbane, Australia

Founded in 1980
200 people in their team
English
At Cooper Grace Ward, we listen to our clients, take the time to understand their objectives and develop commercial solutions that ensure the best possible outcomes.Our clients tell us that they receive superior value from us, not just because we focus on making or saving them money, but because we...
Stokes Legal
Adelaide, Australia

Founded in 1988
10 people in their team
English
About Stokes LegalFounded by David and Angela Stokes, Stokes Legal has been providing effective legal solutions, advice and court representation to the South Australian community since 1988.In July 2021, Stokes Legal was acquired by Andersons Solicitors, bringing together two trusted and recognised...
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About Corporate & Commercial Law in Australia

Corporate and commercial law in Australia is a broad area that covers the legal aspects of running and managing businesses and companies. It involves the laws and regulations that govern how companies are formed, operated, and dissolved, as well as the legal relationships between businesses, stakeholders, employees, and customers. This legal field addresses everything from structuring a new company to negotiating complex business transactions and resolving disputes.

Why You May Need a Lawyer

There are many situations where individuals and businesses may require legal assistance in the corporate and commercial field. Common scenarios include:

  • Starting a new business and choosing the right legal structure, such as a company, partnership, or trust
  • Drafting, reviewing, or negotiating commercial contracts and agreements
  • Mergers, acquisitions, and sales of businesses
  • Resolving disputes between business partners, shareholders, or other commercial entities
  • Managing compliance with government regulations and corporate governance requirements
  • Handling insolvency, restructuring, or winding up a company
  • Protecting intellectual property, such as trade marks and patents, related to business activities
  • Navigating employment law issues within a corporate context

Having a lawyer involved can help you understand your rights, avoid costly mistakes, and protect your interests in business dealings.

Local Laws Overview

Corporate and commercial law in Australia is shaped by a combination of federal, state, and territory legislation. Some of the most important legislative frameworks and principles include:

  • The Corporations Act 2001 (Cth) - The main federal law regulating companies, company officers, shares, and corporate governance
  • The Australian Securities and Investments Commission (ASIC) - The national body responsible for administering and enforcing corporate laws
  • The Australian Consumer Law (contained in the Competition and Consumer Act 2010) - A comprehensive law covering fair trading, consumer protection, and competition matters
  • Intellectual property laws, such as the Trade Marks Act 1995 and Patent Act 1990
  • Contract law, which is largely based on common law principles but enhanced by statutory rules
  • Employment and industrial relations laws, including the Fair Work Act 2009
  • State and territory laws that may apply to business licenses, taxation, and property matters

Compliance with these laws is essential for anyone engaging in corporate or commercial activity in Australia.

Frequently Asked Questions

What is the difference between a company and a partnership?

A company is a separate legal entity registered with ASIC, limited by shares or guarantee, and can own property, enter into contracts, and sue or be sued in its own name. A partnership is an association of people who carry on a business together, sharing profits, but it is not a separate legal entity.

How do I set up a company in Australia?

To set up a company, you need to decide on the company structure, choose a name, register with ASIC, and comply with relevant tax and licensing requirements. You must also appoint directors and understand your ongoing obligations.

What does a shareholders agreement do?

A shareholders agreement outlines the rights and responsibilities of company shareholders and sets out processes for decision-making, transferring shares, dispute resolution, and other important matters not always detailed in the company constitution.

What is due diligence in a business transaction?

Due diligence is a process of thoroughly investigating a business before entering into a transaction like a sale, acquisition, or partnership, to verify legal, financial, and operational information and uncover risks.

Who regulates corporate law in Australia?

The Australian Securities and Investments Commission (ASIC) is Australia’s main corporate regulator, responsible for administering company law, financial services, and consumer protection related to investments and transactions.

Do I need a lawyer for a commercial lease?

While not legally required, it is highly recommended to consult a lawyer before signing a commercial lease. Leases are complex documents and can have long-term legal and financial implications.

What are directors’ duties in Australia?

Directors must act in good faith, in the best interests of the company, and for a proper purpose. They must avoid conflicts of interest, act with care and diligence, and not use their position improperly. Breach of duties can lead to personal liability.

How is a business dispute resolved?

Business disputes can be resolved through negotiation, mediation, arbitration, or litigation in court. The appropriate method depends on the nature of the dispute, contracts involved, and willingness of parties to settle.

What happens if a company becomes insolvent?

If a company cannot pay its debts as they fall due, it may be declared insolvent. Liquidation, administration, or voluntary arrangements are possible outcomes, and directors must not allow insolvent trading.

Are there restrictions on foreign ownership of Australian businesses?

Yes, certain industries face restrictions, and significant foreign investments are subject to review and approval by the Foreign Investment Review Board (FIRB), particularly those involving sensitive sectors.

Additional Resources

For further help and information on corporate and commercial law in Australia, the following resources may be useful:

  • Australian Securities and Investments Commission (ASIC) - Information on company registration, compliance, and corporate governance
  • Australian Competition and Consumer Commission (ACCC) - Guidance on fair trading, consumer protection, and competition laws
  • Australian Government Business portal - Start-up resources, licensing, and regulatory guidance for businesses
  • Business.gov.au - Tools and information for running a business in Australia
  • State and territory business agencies - For information on local laws, permits, and regulations
  • Law societies in each state and territory - For referrals to qualified lawyers specializing in corporate and commercial law

Next Steps

If you need legal assistance in the corporate and commercial field, consider the following steps:

  • Identify the specific issue or legal need you have, such as contract drafting, business purchase, or dispute resolution
  • Collect any relevant documents, contracts, or correspondence related to your matter
  • Contact a qualified lawyer with experience in corporate and commercial law for an initial consultation
  • Discuss your situation openly, ask about fees and timeframes, and seek clear explanations of your options
  • Stay informed about your legal rights and obligations, and maintain good communication with your legal advisor

Taking early legal advice can help protect your business interests and ensure compliance with Australian law.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Corporate & Commercial, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.