We offer you a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Please call us on 02 8539 7475 or email us for a call back.
Brander Smith McKnight advises businesses ranging from start-ups to large companies on commercial contracts, dispute resolution, bankruptcy and insolvency, and business and commercial legislation including the Corporations Act 2001 (Cth) and the Competition and Consumer Act 2010 (Cth).
Leading Commercial Sydney Lawyers
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 companies. We have experience with some of the world’s leading companies and brands. Our clients range from small companies to large companies 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.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
Recent Commercial Transactions by Brander Smith McKnight Lawyers
Sale of Business with Multi-Million Dollar Turnover (2025)
Our client sought legal assistance to purchase a storage facility in Ulladulla that had a multi-million dollar annual turnover. The transaction involved setting up a business, the purchase of the business, land, buildings and the long-term lease of additional land. Finance for the venture was partly bank financed and partly privately financed. The commercial lawyers at Brander Smith McKnight reviewed, negotiated and finalised all of the finance, sale and lease documents, ensuring that our client avoided onerous clauses. We conducted due diligence and carefully explained the legal documents and ensured that the terms were conducive to operating a successful and profitable business.
Legal Advice for Convenience Store Chain Business (2025)
Our client, the owner of a chain of convenience stores, required legal advice regarding the packaging and branding of their own products in their stores. The commercial lawyers at Brander Smith McKnight provided up to date, detailed and practical advice to ensure that the packaging and branding complied with relevant legislation, disclosed all characteristics of the the products and was not misleading or deceptive. Our experienced business minded lawyers were also able to provide legal advice with respect to legislative guidelines for marketing campaigns.
Contract Negotiation & Dispute Settlement for Author (2025)
Our client, a successful author whose work is published in Australia and the overseas market, required the negotiation and drafting of publishing contracts. The terms of the contracts detailed advance payments and royalties, provisions for securing payments in local and foreign currency, intellectual property and the definition of deliverables and service. The latter included manuscripts and promotional activities, such as book signing. Our lawyers drafted a water-tight contract which was favourably received by our client.
The experienced commercial lawyers at Brander Smith McKnight also negotiated and settled a dispute on behalf of our client to recover fees misappropriated by the author’s previous agents.
Commercial Contracts
Contracts are an essential aspect of business and commercial transactions. Brander Smith McKnight 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 50 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.
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 commercial 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. For a more detailed examination of one aspect of insolvency, please see our article on Debt Recovery through Public Examination of Directors.
Our commercial 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.
Brander Smith McKnight 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. For further detail, please see our article on anti-competitive conduct and the Competition and Consumer Act.
How can BSM Sydney Lawyers assist you?
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 companies. 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 and highly responsive way. Our lawyers will get the job done at considerable saving compared to large city firms. Our senior commercial lawyers offer a free 20 minute consultation to discuss your business needs.
Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.
FAQs
What type of businesses does Brander Smith McKnight cater to?
At BSM Law, we provide legal advice to all businesses, from start-ups and small businesses through to large companies. We pride ourselves on delivering the same level of premium service and attention to detail, irrespective of the size of the business. For further information, see our Business Law page.
What kind of commercial legal services does BSM Law offer?
BSM Law provides a comprehensive range of commercial legal services. This includes pre-contract negotiations, contract drafting, contract reviewing, enforcing contracts, dispute resolution, bankruptcy and insolvency assistance, and guidance on business and commercial legislation.
How do Brander Smith McKnight Sydney Lawyers handle commercial contracts?
We assist with all aspects of commercial contracts, including drafting, reviewing, amending, negotiating, and enforcing them. Our commercial lawyers ensure that your contracts effectively manage commercial risks, protect your commercial interests, and avoid potential disputes.
What are some examples of business contracts BSM Law works with?
Our lawyers have experience in a variety of business contracts such as confidentiality agreements, settlement deeds, finance agreements, shareholder agreements, partnership agreements, distribution agreements, import/export contracts, lease agreements, service and supply agreements. For further information, see our page on Contract Law.
How do Brander Smith McKnight Sydney Lawyers manage disputes?
Legal disputes are common in the business and commercial context. Our lawyers are highly experienced in all facets of dispute resolution. We calmly and confidently advocate for you, negotiate with the opposing side, and have a strong emphasis on settling disputes without the need for expensive litigation. For further information see our page on Dispute Resolution.
How does Brander Smith McKnight Sydney Lawyers deal with bankruptcy and insolvency?
We assist clients with the legal processes associated with bankruptcy and insolvency, providing advice in relation to receivership, liquidation, business restructuring, and fundraising options. We can also provide expert legal advice to creditors to help protect your interests and financial position when a business is facing financial difficulties. For further information see our page on Bankruptcy and Insolvency.
What business and commercial legislation does Brander Smith McKnight Sydney Lawyers have expertise in?
BSM Law has expertise in various pieces of Federal and State legislation that govern business and commercial activity in Australia. This includes legislation relating to companies, employment, workplace safety, privacy, consumer protection, business partnerships, intellectual property, and taxation.
What advantages does Brander Smith McKnight Sydney Lawyers offer compared to large city firms?
BSM Law offers the full range of legal services for businesses in a very cost-effective way. Our lawyers provide expert legal advice at a considerable saving compared to large city firms without compromising on the quality of service. We also provide a personalised and very fast turn-around service.
Can Brander Smith McKnight Sydney Lawyers review commercial contracts prior to signing?
Yes, our lawyers are happy to review commercial contracts prior to you signing and being bound by the terms and conditions of the contract. We can identify problematic clauses and ensure that you understand the terms and the legal rights and responsibilities it creates. This helps manage risk and avoid future legal problems.
Our Locations
Sydney CBD
Level 57 25 Martin Place Sydney NSW 2000
Sutherland
Suite 2/9 15 East Parade Sutherland NSW 2232
Parramatta
Level 14, Suite 2/3 Parramatta Square Macquarie Street Parramatta NSW 2150
Wollongong
Level 1, Suite 1 90 Market Street Wollongong NSW 2500
Shellharbour
Unit V20, Shop 1 4 Benson Avenue Shellharbour City Centre NSW 2529
Suite 2/9 15 East Parade Sutherland NSW 2232
Level 57 25 Martin Place Sydney NSW 2000
Level 14, Suite 2/3 Parramatta Square Macquarie Street Parramatta NSW 2150
Level 1, Suite 1 90 Market Street Wollongong NSW 2500
Unit V20, Shop 1 4 Benson Avenue Shellharbour City Centre NSW 2529
Your Commercial Law Team
Get in touch
Please call us on 02 8539 7475 or complete the enquiry form below for a response within 24 hours Monday to Friday.
