The team of highly experienced commercial lawyers at Brander Smith McKnight provide premium, professional legal advice to all business ranging from start up and small business all the way through to large corporations.

We have experience with some of the world’s leading companies and brands. Our clients range from small companies to large multinational corporations and we are proud that our commercial clients remain loyal to the firm and have developed long term relationships based on trust and professionalism.

We provide the full range of commercial legal services for businesses in a very cost effective manner. Our lawyers provide expert legal advice at a considerable saving compared to large city firms.

02 8539 7475

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

Commercial Contracts

Contracts are an essential aspect of  business and commercial transactions. BSM Lawyers can draft, review, amend, negotiate and enforce business contracts. We will advise you regarding your legal rights and responsibilities.

Pre-Contract Negotiations

Having a lawyer negotiate the terms of your commercial contract will protect you from unfair and unreasonable terms which if left unchecked or unamended can cause future financial losses.  BSM 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 commercial risks, protecting your commercial interests and avoiding potential disputes.  A comprehensive and legally effective 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 lawyers at Brander Smith McKnight Sydney lawyers have over 40 combined years of experience and are experts at drafting contracts.

Review of Contracts

Our lawyers are happy to review commercial contracts prior to you signing and being bound by their terms. We can identify problematic clauses and ensure that you understand the terms and the legal rights and responsibilities it creates. This will help manage risk and avoid future legal problems.

Enforcing Contracts

Brander Smith McKnight can assist with enforcing the terms and conditions of your commercial contract. Where a contract has been breached, we can pursue a number of causes of action including damages and injunctions. Our highly effective 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 are confidentiality agreements, settlement deeds, finance agreements, guarantees, shareholder agreements, partnership agreements, distribution agreements, import/export, lease agreements, finance agreements, service agreements, supply agreements and major transactions. We 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 that includes case evaluation and cost estimate.

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. Our lawyers are highly 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 and 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 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.

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.

Business and Commercial Legislation

In Australia, various pieces of Federal and State legislation govern business and commercial activity. This legislation governs issues which 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 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.

02 8539 7475

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

Why BSM Law?

Our team of highly experienced commercial 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 large corporations and major joint venture projects. We pride ourselves on providing all clients with the same level of premium service and attention to detail regardless of the size of the business.

Brander Smith McKnight will provide the full range of legal services for businesses in a very cost effective way.  Our lawyers will get the job done at considerable saving compared to large city firms.

Frequently Asked Questions

Our Locations

Sutherland

Suite 2
9-15 East Parade
Sutherland 2232

Parramatta

Level 14 Suite 2/3 Parramatta Square, Macquarie St,
Parramatta, NSW 2150.

Wollongong

Level 1, Suite 1
90 Market Street
Wollongong NSW 2500

Sydney CBD

MLC Centre
Level 57, 19-29 Martin Place
Sydney NSW 2000