Leading Business Lawyers Sydney : Brander Smith McKnight

Brander Smith McKnight advises businesses ranging from start-ups and small business owners to large corporations, covering business contracts, business structures, director and shareholder duties, intellectual property, dispute resolution, and bankruptcy and insolvency.

Sydney Lawyers Business Experts

Our team of highly experienced business lawyers provide professional legal advice to all business ranging from start up and business owners all the way through to large corporations. We have experience with some of the world’s leading companies, businesses and brands. Our clients have remained loyal to our law firm and we are proud to have developed long term relationships based on trust and professionalism.

We provide the full range of legal services for businesses in a very cost effective manner. BSM Sydney business lawyers will get the job done in a highly responsive, client focussed manner at a considerable saving compared to large city law firms.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Recent Business Results for Brander Smith McKnight Lawyers

Compliance & Commercial Objectives achieved for Luxury Boat Syndication (2025)

Our client, a luxury boat syndication engaged BSM Business Lawyers to conduct a comprehensive review of their existing contracts and operational processes. We identified areas where the existing framework could be improved to meet the business’ commercial objectives more efficiently. Following this review, our lawyers worked closely with the client to reform their syndication processes, ensuring they remained commercially viable and legally compliant. We then amended and redrafted the serval of their contracts to accurately reflect the new direction of the syndication model and reviewed all relevant services licences to ensure that they operated within the appropriate legal and regulatory boundaries.

Extensive Business Support for a Large Medical Centre (2025)

BSM has been involved with our client, a large medical practice with several directors and many shareholders for several years, from the initial stages of incorporation through to the ongoing management of their operations. Our lawyers played a key role in establishing their corporate structure, advising on compliance obligations under the Corporations Act 2001 (Cth) and helping our clients to meet their statutory duties while maintaining practical, commercially focussed outcomes. The business lawyers at Brander Smith McKnight have drafted shareholders’ agreements, tailoring these to reflect the specific needs of the practice. We have provided strategic advice for several disputes, managing to settle these through negotiation and mediation. Our lawyers have also supported corporate governance processes, including the preparation and management of shareholders’ meetings, board meetings, and annual general meetings (AGMs).

Sale of Business in Shellharbour (2025)

Our client, the owner of a Shellharbour business, wished to purchase the land connected to the business and the premises that the business operates in. Our experienced business lawyers carefully reviewed the Licence Agreement, Special Conditions and Contract for the Sale of Business. Following the assessment of the documents, we prepared a series of amendments in accordance with the client’s instructions to ensure their legal and financial interests were fully protected. Our lawyers then engaged in negotiations with the other party to amend the contracts to ensure both parties agreed on the final terms included in the documents. Throughout this process we maintained clear communication with our client, providing practical advice and ensured they remained informed. Once agreement was reached we facilitated the efficient exchange of the contract’s efficiently and the transaction was completed in a timely manner and without complication.

Business Contracts

Business and commercial contracts are an essential aspect of any business relationship and commercial transactions. BSM business lawyers can draft, review, amend, negotiate and enforce business and commercial contracts. We will advise you regarding your legal rights and responsibilities. For further information on business contracts please see our article on navigating business contracts, what you need to know.

Pre-Contract Negotiations

Having a specialised business lawyer to negotiate the terms of your business contract will protect you from unfair and unreasonable terms which if left unchecked can cause future financial losses. Brander Smith McKnight business lawyers will fiercely advocate for you and protect your business and commercial interests.

Contract Drafting

Having an effectively drafted business contract is an important step in managing business risks, protecting your commercial interests and avoiding potential disputes. A comprehensive and legally effective business contract will clearly define the rights and obligations of the parties, ensuring future enforceability and appropriately allocate risks between the parties to the agreement. The business team at Brander Smith McKnight Sydney lawyers have several decades of experience and are experts at drafting complex contracts.

Review of Contracts

Our business lawyers are happy to review business contracts, non-disclosure agreements and legal documents prior to you signing and being bound by their terms. We can identify problematic clauses in a wide variety of legal documents and ensure that you understand the terms and the legal rights and responsibilities it creates. This will help avoid future legal problems.

Enforcing Contracts

Brander Smith McKnight Sydney Lawyers can assist with enforcing the terms and conditions of confidentiality agreements and your business contract. Where a commercial contract has been breached, we can pursue a number of courses, including damages and injunctions. Our highly effective and experienced Sydney business lawyers will fight for your rights.

Types of Business Contracts

Examples of different types of business contracts that our lawyers negotiate, draft, review and enforce include shareholder agreements, partnership agreements, employment contracts, distribution agreements, trade marks, import/export, lease agreements, finance agreements, service agreements, supply agreements and major transactions. Our business lawyers recognise the unique issues which pertain to the various types of business contracts and tailor our advice accordingly.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation with a Sydney Lawyer or a Sutherland Lawyer or a Parramatta Lawyer that includes case evaluation and cost estimate.

Business Structures

Different business structures have different advantages and disadvantages. The lawyers at Brander Smith McKnight Sydney law firm can assess the suitability of different types of structures for your business needs and advise you on the most appropriate solution. The common business structures in Australia are sole traders, partnership, companies and trusts. For further information on all aspects of starting a business, including business structures, please see our article on legal advice when starting a business.

Sole Trader

This business structure is operated by an individual who is considered entirely responsible for the business. This structure offers a high degree of control over the business and is both simple and inexpensive to establish. However, there is some risk associated with this structure as the sole trader will be personally responsible for all of the business’ legal issues, liabilities and debts. This structure can also limit business growth and flexibility. BSM Sydney business lawyers can discuss the pros and cons of being a sole trader and also advise on various legal matters, legal registration and record keeping requirements.

Partnership

A partnership is a business structure which has two or more people/entities carrying out a business together. Parties to a partnership take joint responsibility for the business and its debts and liabilities. A partnership is also a relatively inexpensive and uncomplicated business structure to establish. Partnerships may be established either informally or formally with a written agreement. Our commercial and business lawyers can advise you on the obligations of a partnership including legal, reporting, registration and tax.

Company

A company is a separate legal entity, meaning that it has its own legal standing and responsibilities. This means that there is reduced risk as the members and shareholders have limited liability. Furthermore, a company has access to increased opportunities to raise capital, for instance through the sale of shares. Setting up and operating a company is more complex and expensive compared to some other business structures. It is important to seek premium legal advice when setting up a company. There are unique legal, record keeping, reporting and tax obligations that must be complied with. Our legal team at Sydney business lawyers have extensive experience in company law.

Trusts

A trust is a business structure which has a trustee manage a business for the benefit of certain beneficiaries. There are various kinds of trusts including fixed unit and discretionary trusts and they may offer financial and asset protection. It is important to appreciate that trustees and beneficiaries have various legal rights and obligations. The business legal team at Brander Smith McKnight law firm Sydney can advise if a trust is suitable for your business structure and assist with the registration process.

Advice for Shareholders & Directors

Directors

A director is an officer or officers of a company that has responsibilities, powers and legal obligations in relation to the management of the company. The business lawyers at Brander Smith McKnight can provide you with advice about director’s fiduciary duties, arising from relationships of trust and confidence between people, as well as legal duties, outlined in legislation and derived from common law. The duties include to act in good faith and in the best interest of the company, to exercise powers for proper purposes, to retain discretion, to avoid conflicts of interest, to exercise care and due diligence, in corporate matters, to prevent insolvent trading and to not prejudice creditor interests.

There are serious legal consequences for directors who fail to comply with their legal duties, including financial penalties, disqualification and imprisonment. The gravity of these penalties highlights the importance of seeking legal advice when faced with issues relating to directors duties. BSM commercial and business lawyers can also provide you with circumstantially appropriate advice about how directors rights and duties change depending on the relevant business law and a company’s solvency. For further information see our articles on recent director resignation requirements and company directors duties

Shareholders

Shareholders in a company have rights defined by legislation, company constitutions and shareholder agreements. BSM business lawyers will provide advice regarding your rights as a shareholder including how to enforce and protect them. Shareholders may also seek legal advice in relation to a breach of director’s duties or a business decision they disagree with. Having comprehensive and effective shareholder agreements and company constitutions is a highly effective way to mitigate the risk of shareholder issues and disputes.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Major Corporation and Joint Venture Experience

Brander Smith McKnight’s business lawyers have experience with businesses and clients at all levels including major corporations, large joint venture projects and government bodies. We provide a responsive, client focussed and cost effective legal service including contract drafting and advice, dispute resolution and litigation, property transactions and compliance issues with regulatory bodies

Our business lawyers have negotiated and drafted contracts for joint venture projects worth over $1 billion (Barclay Mowlem) and $1 billion (Surat Basin Rail Joint Venture). We have provided legal advice to Sydney Airport Corporation regarding runway extensions, the Victorian Government regarding competition law and rail access for essential services and Sydney Ports Corporation regarding the extension of Port Botany. Our lawyers have the expertise required to provide legal services to major corporations. We have drafted policies, procedures and contracts for the major German firm Henkel who owns brands such as Omo, Schwarzkopf and Loctite. Brander Smith McKnight has the experience, dedication and knowledge to provide professional legal advice at a considerable saving compared to large city firms.

Business Start Up

Starting a new business can be a stressful and daunting process. Brander Smith McKnight law firm Sydney has business lawyers with decades of experience and who will navigate this process for you. We will tailor legal advice and assistance in relation to contracts, employees, business structures and legal requirements. Our expert Sydney business lawyers are able to mitigate business risks and optimise the commercial success of your business. Please see our useful article on Due Diligence when Purchasing a Business.

Dispute Resolution

Legal disputes commonly arise in the business and commercial context. Disputes can include issues relating to business contracts, employment disagreements, shareholder disagreements, quality of products and debt recovery. BSM business lawyers are experienced in all facets of dispute resolution. We will calmly and confidently advocate for you and negotiate with the opposing side, including during formal mediation, conciliation and arbitration. We have extensive experience and understand the legal intricacies and processes. Our emphasis is on settling disputes without the need for expensive litigation. However, if litigation is required, our lawyers have outstanding advocacy experience in all tribunals and courts including the Local Court, District Court, Supreme and Federal Court.

Bankruptcy & Insolvency

Bankruptcy and insolvency are similar actions where debts are ordered to be paid by the court. Bankruptcy is legislated by the Bankruptcy Act 1966 (Cth) and applies to individuals, not companies. Where a judgement debt is greater than $10,000, the debtor can be bankrupted for failure to make a payment. The process involves serving a bankruptcy notice on the debtor, allowing them 21 days to make payment. If the debtor fails to pay, they have committed a failure of bankruptcy and the creditor can file a creditor’s petition to the Federal Court to make an order to bankrupt the debtor. Once this order has been made a trustee in bankruptcy is appointed to take control of the debtors assets and income and pay creditors from any funds in the bankruptcy person’s estate.

Insolvency is legislated by the Corporations Act 2001 (Cth) and applies to companies and not individuals. Where a judgement debt is more than $4,000, the creditor may issue a statutory demand on the company. Generally in the absence of payment the company will be presumed to be insolvent. The creditor may then apply to the court for the debtor company to be wound up in insolvency and a liquidator appointed to the company. The liquidator will pay creditors from any funds available in the company.

Our experienced team of Sydney lawyers can assist you with the serious and onerous legal processes associated with bankruptcy and insolvency. We can provide advice in relation to receivership, liquidation, business restructuring and fundraising options. For more information, see our Bankruptcy page.

BSM is also able to provide expert legal advice to creditors to help protect your interests and financial position when a business is facing financial difficulties.

Intellectual Property

Intellectual property refers to exclusive knowledge and ideas, examples include inventions, logos and art. BSM business lawyers can assist in identifying and protecting your business’ intellectual property. For instance, with the use trademark copyright, patents and licensing agreements. We can take legal action against parties or business activities that infringe your intellectual property rights via negotiation or if required litigation.

Business and Commercial Legislation

In Australia, various pieces of Federal and State legislation govern business and commercial activity. This legislation governs issues of corporate and commercial law that relate to companies, employment, workplace safety, privacy, consumer protection, business partnerships, intellectual property and taxation. This legislation can appear complicated and intimidating. Brander Smith McKnight Sydney business lawyers can explain the most recent and relevant legislation to your situation.

For example the Corporations Act 2001 (Cth) sets out director’s obligations and duties and company insolvency. The Competition and Consumer Act 2010 (Cth) provides Australian consumer law including unfair practices such as misleading or deceptive conduct, collusive conduct and exclusive dealing. For further information on examples of how the Corporations Act regulates corporate conduct, please see our article Winding up Order : Section 461 of the Corporations Act.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

How can BSM Sydney Lawyers assist you?

Our team of highly experienced business lawyers provide clear and effective advice that supports our client’s strategies and objectives. We provide professional legal advice to businesses ranging from small start ups through to corporations and joint venture projects. We pride ourselves on always providing a highly responsive, client focussed legal service to all clients with the same level of professional service and attention to detail regardless of the industry or the size of the business.

Brander Smith McKnight law firm Sydney provides the full range of legal services for big and medium sized business in a very cost effective way. Our business lawyers will achieve results rapidly and at a considerable saving compared to large city law firms.

View related articles

FAQ’s

What kind of legal services do business lawyers provide to businesses?

Commercial law firms such as Brander Smith McKnight Sydney Lawyers provide a range of legal services to businesses, including drafting commercial contracts, partnership agreements, employment contracts and confidentiality agreements. We also assist with matters relating to business structures, regulatory bodies and corporate matters. Our experienced business and contract lawyers provide practical and effective legal advice to help businesses navigate legal issues and avoid potential problems. The business lawyers at BSM Lawyer Sydney provide a free, no obligation, 20-minute consultation to assess your particular case.

What is the role of business lawyers in resolving contract disputes?

Business lawyers play a crucial role in resolving contract disputes. They analyse the terms of the agreement, assess the legal implications of any alleged breaches and provide advice on the most appropriate course of action. They also represent clients in court or arbitration hearings, negotiate settlements and ensure that their clients’ interests are protected.

What legal matters should business owners be aware of when starting a new business?

Business owners should be aware of a range of legal matters when starting a new business, including legal structures, employment contracts, non-disclosure agreements and regulatory compliance. Commercial law firms such as Brander Smith McKnight lawyer Sydney can provide advice on these matters, as well as assisting with the drafting of contracts, agreements and other legal documents necessary for business operations. Our business lawyers provide a free, no-obligation, 20-minute assessment of your individual case.

How can a law firm assist in matters relating to intellectual property and trade marks?

Law firms assist with matters relating to intellectual property and trade marks. This includes advising on the registration and protection of trade marks, drafting licensing agreements and providing legal representation in the event of infringement or misappropriation of intellectual property.

What kind of due diligence is necessary for joint ventures and other business activities involving multiple companies?

Due diligence is necessary for joint ventures and other business activities involving multiple companies. This involves assessing the legal and financial risks associated with the venture, identifying potential issues and ensuring that all necessary agreements and contracts are in place. Commercial law firms such as Brander Smith McKnight Sydney Lawyers will provide advice and assistance with due diligence, as well as helping to draft joint venture agreements and other legal documents necessary for business activities.