BSM Law Firm in Sutherland Shire

Brander Smith McKnight Lawyers is a law firm in Sutherland proudly servicing and supporting the Sutherland Shire. Our lawyers have over 50 years of combined legal experience assisting businesses and individuals. We provide excellence in a full range of legal services including criminal law, building and construction law, debt recovery, family law, conveyancing, wills and estates, business and commercial law, dispute resolution and civil litigation.

We are a highly respected law firm and will provide you with honest, expert legal advice, outstanding court advocacy and personalised services to deal with your legal matter. Brander Smith McKnight is the law firm of choice in the Sutherland Shire. We are conveniently located within walking distance to Sutherland Court and beside Sutherland Railway Station.

Why Clients choose BSM

Brander Smith McKnight has a team of professional, ethical and highly experienced lawyers.

  • We have a clear and proven process. We provide a precise written description of each stage and all costs.
  • We pride ourselves on communication. We listen to you and keep you informed.  We guarantee to return your calls and emails within 1 working day. We keep you informed every step of the way.
  • We are renowned for providing personalised, premium and professional legal advice.
  • We vigorously advocate and fight tirelessly for you, guiding you through the complexities of the legal system to achieve outstanding results.

Costs Involved

We provide a 20-minute free consultation that includes an assessment of your legal matter, options and a cost estimate. Prior to any work being undertaken clients receive a written cost agreement. We provide weekly invoices with full transparency and are always available to discuss costs. We provide premium legal services, achieving outstanding results without the cost premium of a big city law firm.

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

Legal Services Provided by BSM

Criminal Law

BSM’s team of expert criminal lawyers appear in court every day of the week – including the Local Court, the District Court, the Children’s Court, the Criminal Court of Appeal, the Coroner’s Court and the Bail Court. Our team has represented and advocated for clients in all kinds of criminal cases including drink driving, assault, domestic violence, sexual offences, drug possession, drug importation and property offences.

The BSM Sutherland team is extremely experienced and runs most court matters without the need for a barrister. For serious criminal matters, however, we have a panel of barristers with who we engage. You can be confident that your rights will be fiercely protected and that we will fight tirelessly for you.

We can assist you with:

  • Assault and Affray Offences
  • Drug and Alcohol Offences
  • Robbery and Larceny Offences
  • Domestic Violence Offences
  • Sexual Offences
  • Firearms Offences
  • Property Offences
  • Bail Applications and Criminal Appeals

It is important to seek legal advice if you come in contact with the police or are arrested or charged. We are here to support you. You may come in contact with the police in the following ways:

Police Interview

Your first encounter with the police will likely be when they attempt to interview or arrest you. Legal advice should always be sought before agreeing to an interview. The police acknowledge that you require this before deciding whether to give an interview.

Search and Detention

Police must suspect on reasonable grounds that you are in possession of stolen or unlawfully obtained items before they can stop, search or detain you. They may also suspect that you are in possession of a dangerous item that is, was or is intended to be used in connection with an indictable offence. If the police have reason to believe that you are carrying an item that may endanger someone or may be used to escape from custody, they have the right to search you after you have been arrested. They may also do this if they suspect on reasonable grounds that you are in possession of an item that has or will be used in an offence. They must tell you the reason for any search.

Police Powers of Arrest

According to Section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), the police have the right to arrest you without a warrant if they suspect on reasonable grounds that you are committing or have already committed a crime and that doing so is necessary for a specific reason (such as preventing you from committing another offence).

Detention and Bail

If you are arrested and charged by the police, it is essential that you seek legal advice so that you can quickly make an application for bail in court. According to Section 16 of the Bail Act 2013 (NSW), certain offences require the accused to show cause as to why they should be granted bail.

BSM can offer you guidance on how to address charges, develop a strategy for your defence, and explain the likely outcomes of any course of action. The appropriate course of action will depend on the type of charge, the circumstances of the case, the evidence at hand and any prior criminal convictions.

Debt Recovery

BSM recovers over 90% of debts without needing court or mediation. We can help collect the money that is owed to you.

Our team has extensive courtroom experience and handles all debt collection cases without the need for a costly barrister. After a judgment has been rendered, our lawyers are skilled at navigating the legal enforcement tools available, including writs, garnishee orders, bankruptcies, and insolvency.

Letter of Demand

The first, most expedient and least expensive course of action is to prepare a letter of demand. They demonstrate your seriousness and the possibility that you will take additional legal action if payment is not received. The expert lawyers at BSM can prepare this letter in just a few days. We recover more than 75% of loans this way.

Statement of Claim

A statement of claim is issued if payment is still not made after a letter of demand. It is filed with the court and served on the debtor as a legal document that initiates legal proceedings. This tends to result in payment or negotiations to avoid litigation. If the defendant does not submit a defence, our lawyers have the right to request a default judgment.

Litigation

The term “litigation” is used to describe court proceedings, including the gathering and serving of evidence as well as the hearing of the matter. The courts each have their financial jurisdiction. We present in all courts without the additional cost of a barrister, but if one is required, we have a panel of them available that we can call upon. The majority of BSM’s debt recovery cases are successful without the need for litigation.

Garnishee Orders

If the defendant refuses to pay, our lawyers will develop a strategy using the available enforcement techniques to recover your debt. A garnishee order instructs third parties (such as a bank or employer) who manage the debtor’s funds to make payments directly to you, the creditor.

Bankruptcy and Insolvency

Where a judgment debt surpasses $10,000, the debtor may be bankrupted for a failure to make payment.  This approach is suitable when the debtor is a person (as opposed to a business) and the sum owed is significant. Only companies can become insolvent, not people. A statutory demand may be issued to a company when a judgment debt reaches $4,000; if the company doesn’t reply, it will be assumed to be insolvent. A liquidator may be chosen so that they can pay creditors with any available funds. We can help you navigate the challenging and intricate legal processes associated with bankruptcy and insolvency.

Writ for Levy of Property

Our lawyers can request a writ of property levy if required. This court order gives the NSW sheriff the authority to seize and sell the debtor’s property to pay the judgment debt. This may include the debtor’s money, goods or personal property, as well as real estate where the judgment amount exceeds $10,000.

Traffic Law

A traffic violation may constitute a criminal offence, which carries penalties like licence suspension and even a criminal record. Our lawyers know that this can seriously impact you, your family and your employment. We consequently take the highest care and diligence in handling every traffic matter, no matter how minor, and we strive to obtain the best outcomes for you.

We regularly appear in the Local Court and defend the charges of:

Drink or Drug Driving

Drink or Drug Driving is both a traffic offence and a criminal offence that carries harsh penalties, including the possibility of gaol and a criminal record. We have helped hundreds of clients throughout Western Sydney with Prescribed Concentration of Alcohol (PCA), Driving Under the Influence (DUI) and drug driving offences. BSM’s traffic lawyers can offer legal advice to make sure that you achieve the best possible results. This can include preparing you for court, obtaining character references, obtaining evidence of hardship of licence disqualification, obtaining medical reports, obtaining references from employers or completing traffic offender programs. To get the best result for you, our lawyers will meticulously prepare submissions for sentencing and present the strongest possible legal case.

Dangerous or Negligent Driving

Negligent or dangerous driving is driving without the proper care and attention that is reasonably expected of a driver. Doing this can cause serious harm or even death for you, other motorists and the general public. You can receive a hefty fine, lose your licence or go to gaol if you drive at a speed or in a manner dangerous to the public, or cause injury or death due to negligence.

Mobile Phone Use while Driving

The use of mobile phones while driving is subject to strict regulations. Different rules and penalties apply to learners, Ps and full licences. There are specific scenarios in which you can use your phone hands-free and while in a phone holder, however, you cannot use a phone for any other function, hold your phone or rest it in your lap. You may receive a fine and demerit points if you are found to be using your mobile phone while driving. Learners or P1 licence holders will lose their licences altogether.

Appeal against Loss of Licence

If you have had your licence suspended by Police or received a letter from Transport for NSW that states you have the right to appeal, our traffic lawyers can help you appeal a licence or registration decision in the Local Court.

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

Building and Construction Law

We resolve over 85% of construction conflicts without the need for costly litigation. Our strategies let our clients stay in charge of the dispute resolution process. We are specialists at writing and reviewing all kinds of construction contracts, from contracts for residential construction to those for major infrastructure projects. We are industry experts with over 50 years of combined experience dealing with residential, commercial, and industrial construction legal advice and building disputes.

Our clients are builders, contractors, homeowners, engineers, property developers and body corporates. We have substantial experience in each stage of the building process, including pre-contract negotiations, drafting and review of construction contracts, negotiations and review of finance contracts, legal advice regarding construction claims and debt recovery and dispute resolution including adjudications and litigations in courts and tribunals.

Our team has worked on all kinds of projects, from small and medium-sized construction projects to infrastructure projects worth over $1 billion. BSM’s lawyers have provided legal advice, contract drafting, and dispute resolution services for major projects including the Sydney Airport Corporation’s runway extensions, Sydney Ports Corporation’s Enfield Terminal redevelopment, Barclay Mowlem’s (acquired by Laing O’Rourke) rail constructions and civil works and Xstrata Coal’s rail line to a mine in Queensland.

Our Sutherland team has the experience, skills and commitment to provide world-class legal advice at a fraction of the price of large city firms.

Pre-Contract Negotiations

Contract drafting and administration issues frequently result in construction disputes. We work to prevent disputes through in-depth, authoritative advice, collaborative drafting, and administration. Our lawyers will engage in active negotiating to remove any unreasonable risks. We’ll ensure there are no unanticipated price increases, that you have effective control over the construction process, and that the payment schedule matches the state of the job.

Construction Contract Drafting and Review

Our lawyers have extensive expertise in contract drafting. We take care to cover the following topics: addressing risk and allocating responsibility; instructions and variation provisions; quality assurance and inspection provisions; liabilities and insurance; delays and time extensions; and payment and potential disputes. Our specialists can provide guidance on the relative merits of different approaches to allocating risk and responsibility during the contract-drafting process. Our lawyers are familiar with the standard forms created by the Australian Standards (AS) and the Housing Industry Association (HIA). We will also carry out an independent assessment of your contract, regardless of where it was drafted. We’ll review the terms of the agreement and what they mean for you, point out any clauses that might be problematic, and negotiate with the other parties and their lawyers.

General Building and Construction Legal Advice

The contract must be properly drafted, amended, and executed with the consent of all parties after it has been drafted. Changes, delays, extensions, insurance issues, payment claims, information demands, corporate and director disputes, and poor work are just a few of the numerous potential problems. Our lawyers can provide contract administration advice to help you to avoid these problems.

Construction Claims

Our legal team is knowledgeable about the Building and Construction Industry Security of Payment Act (SOPA), which was introduced in 1999 to reduce late or non-payment for work in the construction industry. It offers a way to get paid for labour for builders, contractors, subcontractors, architects, engineers, surveyors, and designers. Although it is quick and inexpensive, some specific standards and deadlines must be met. We can advise and represent you throughout this process, including the preparation of payment claims, payment schedules, adjudication applications, and defences. We are also adept at enforcing verdicts and judgments.

Home Building Disputes

Our lawyers can offer legal remedies like specific performance, injunctions, damages, and rectification orders to resolve building and construction disputes. The majority of our disputes are resolved outside of court using a variety of alternative dispute resolution methods. When a dispute can be resolved through negotiation, we will make sure you are aware of your rights before developing a strategy. We will also go over your legal rights and responsibilities as established by construction contracts and legislation.

Dispute Resolution

Construction-related disputes can sometimes involve defective construction, variations, delays, and payment issues. We take satisfaction in being able to resolve at least 75% of conflicts without the need for expensive litigation. There are numerous ways to resolve disputes, and our lawyers work hard to identify practical, creative, and financially advantageous solutions suited to your situation. Throughout any dispute resolution process, including mediation, expert determination, and arbitration, we will offer advice and represent you. On your behalf, we can also make legal demands such as a Letter of Demand, Notice to Comply or “without prejudice” proposal. If alternative dispute resolution is unable to resolve your issue, our lawyers can represent you in court.

Debt Recovery

We are very familiar with The Building and Construction Industry Security of Money Act (SOPA), which provides a procedure for recovering money for the services performed by builders, contractors, architects, engineers, and surveyors.  We can offer you advice and representation throughout this process, assisting you in preparing payment plans, claims, adjudication applications, and defences. We can enforce decisions made by judges and adjudicators. A Letter of Demand, Statement of Claim, and litigation are additional legal ways to recover unpaid debt.

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

Family and Divorce Law

We understand the end of a relationship is a stressful time with many hard decisions, often involving children, property and domestic violence. You can feel confident that we will help you through the challenging process, advise you, rigorously represent you and make sure no one takes advantage of you. We are proud to settle 95% of our cases without going to court. If required, our lawyers will confidently represent you in the Family Court, Children’s Court and the Federal Circuit Court. Our lawyers are also proficient in drafting binding financial agreements and pre-nuptials.

Divorce and Separation

Marriages can be ended legally through a divorce. Our team has extensive knowledge in the areas of law related to divorce, such as separation, child custody and support, property division and financial services.  The gravity of a failing marriage and the need to handle divorce cases sensitively and deliberately are understood by our team. Our divorce lawyers are committed to helping you navigate the often difficult divorce process as swiftly and as smoothly as possible.

Child Support and Parenting Agreements

Following a divorce or separation, child support is used to ensure that children’s needs are met and that both parents honour their commitments to support their children financially. A parenting arrangement, often known as a custody arrangement, specifies how kids will be looked after if their parents’ divorce. It should include details such as how frequently children will see each parent, where they will reside, how parents will communicate and make decisions together and how parents will share responsibilities.

Making parenting arrangements and organising child support can be challenging and complicated. Our team has extensive experience with parenting and custody matters and can provide advice, negotiate arrangements on your behalf, or defend you in court. This will save you time, stress and energy.

Property Settlement

The formal division of assets following a separation is known as a property settlement. Our family lawyers can guide you through this process and make sure you get what you are entitled to. Our team will make sure that whatever stress you’re under doesn’t lead you to make a choice you’ll later regret.

Wills and Estate Planning

To make sure that the management of your assets and interests after your passing follows your wishes, our highly skilled lawyers will prepare air-tight legal documents. With a well-drafted and personalised will, future legal disputes can be avoided. Your possessions will be distributed fairly, and your loved ones won’t be burdened with unnecessary debt.

Family Dispute Resolution and Mediation

After a relationship has ended, disputes can be settled through family dispute resolution (FDR), which includes negotiation through lawyers, collaborative practice, mediation, conciliation or arbitration. Separated families are required to take part in FDR and, in cases of parental disagreements, must make a genuine effort to resolve the dispute before pursuing litigation. 95% of the divorce cases BSM handles are settled out of court, saving you money, time and stress.

Domestic Violence (ADVO) and (AVO)

Apprehended Violence Orders (AVOs) are court orders designed to safeguard domestic violence victims. AVOs come in two forms: Apprehended Personal Violence Orders (APVOs), which are for anyone dealing with violence or intimidation from others, and Apprehended Domestic Violence Orders (ADVOs), which are for those in domestic or intimate relationships. These behaviours include but are not limited to, assault, intimidation, contact with the protected person, and travelling to the protected person’s home. AVO applications can be made by either the person in need of protection or the police, though the police typically file them on their behalf. Our team can assist by making an application on your behalf.

Same-Sex Couples Matters

Our team of family lawyers are experienced in matters related to same-sex couples, such as same-sex divorce and establishing legal parentage. BSM can advise and represent you through what can be a complex area of family law.

De Facto Relationship Matters

De facto couples can seek legal assistance for the same family law matters that married couples face. BSM can help you with all matters pertaining to de facto relationships, including parenting orders, property settlements and formally registering your relationship.

Binding Financial Agreements and Pre-Nuptials

Prenuptial agreements allow parties to determine in advance how much money and property will be divided in the event of a relationship’s breakdown. These can offer peace of mind to the parties and a way to avoid the expense, time, and stress of settling financial disputes with a former spouse. We can assist you in drafting or reviewing a detailed, legally sound agreement that reflects your intentions.

Court Consent Orders

A consent order is a written agreement that parents jointly draft outlining the parenting arrangements for their children. Parties may apply to the Federal Circuit and Family Court of Australia for consent orders (FCFOA). BSM is pleased to assist with this procedure.

Property Law and Conveyancing

At BSM Sutherland, we offer a fixed fee for conveyancing, with all work performed by lawyers rather than conveyancers. As a result, we can handle rare situations where a dispute may occur. We will make sure you stay informed during each stage of what can be a stressful process. Additionally, we can offer advice on easements for construction and forced sale of jointly owned property.

Conveyancing

The conveyancing lawyers at BSM have experience with purchasing and selling a variety of properties, including residential, commercial, and off-the-plan homes. We can help you with  matters like buying property, selling property; buying off-the-plan property, put and call options; and related party transfers.

Commercial and Real Estate Leases

Our team has substantial experience with non-residential leases in the Parramatta region and can review your contract and negotiate the best terms for you.

Property Disputes

Property disputes can arise in a variety of contexts and with regard to various types of property, including disputes between people who jointly own property (such as forced sales), disputes involving off-the-plan purchases, and disputes involving construction work. Our lawyers can decrease the risk of disputes by drafting, reviewing, and amending real estate contracts before you sign them. If a dispute does occur, we can advise you on the relevant legislation, outline your choices and represent you in arbitration or court.

Strata

A strata is a residence that has been divided into “lots,” such as an apartment, townhouse, or villa. When you buy a lot, you also become a co-owner of any adjacent common property. Common driveways, exterior walls, roofs, gardens, and stairwells may fall under this category. The party selling the property must provide a copy of the strata plan in the sale contract. If the strata plan is not included in your contract of sale, our lawyers can obtain it on your behalf through NSW Land Registry Services. Before buying a lot, we will make sure you understand the scheme bylaws.

Easements

Easements are registered interests on land that grant specific rights to parties who do not own the land to use it for a certain purpose. A common instance is a situation where a landowner has the right to access their property through a shared driveway, or where part of a person’s property is used as a thoroughfare for pedestrians. Easements can be complicated, which is why it is crucial to seek advice from a lawyer to identify where easements exist in relation to a property and to understand the various legal requirements and rules. It can be costly to fail to understand and follow these rules.

Off the Plan

A property that has not yet been built but is planned to be constructed is known as an “off-the-plan” property. When buying an off-the-plan property, it is recommended that you get legal advice about contracts so you can fully comprehend the terms, conditions, and obligations. Before entering into any contracts, it is essential to obtain expert legal advice as purchases can often result in disputes. A developer or builder, for example, has the power to alter the design of a structure within certain constraints. These conditions must be acknowledged by the customer and made explicit in the contract.

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

Wills and Estate Law

Compare our costs; we have a competitive fixed fee for wills. Our lawyers listen attentively to your needs and wishes before providing guidance on the most appropriate documents and structures. This guarantees that your assets and interests will be distributed per your preferences after your death and that your legal wishes and affairs are handled as you wish while you are still alive.

BSM lawyers carefully draft your documents, giving you the chance to review them before they are finalised. Well-constructed and tailored legal documents will prevent future disputes and ensure that your wishes are followed. Additionally, our lawyers offer professional legal advice and advocacy for executors and claimants in any estate, including the granting of probate, letters of administration and distribution and contested estates. We are experts in:

Will Drafting

Our team has a wealth of expertise in drafting thorough, water-tight wills. We will make sure that your wishes are followed while managing your assets and interests after your passing. This will guarantee that your possessions are distributed fairly, that future disputes are avoided, and that your loved ones won’t have to bear needless financial burdens. We can also make changes to your will to reflect your most recent circumstances and intentions.

Will Disputes

When wills are poorly drafted, parties feel left out of the will, or parties believe a will’s provisions are insufficient, will disputes may arise. This may also occur if the executor is deemed unfit, the will is found to contain errors or the will’s legitimacy is challenged. Since there are deadlines, you must act immediately to obtain legal advice if you want to contest a will.

Probate and Letters of Administration

A will must be proved for the Supreme Court to provide the executor of the estate permission to act on their behalf. Probate is the term for this process. We can assist if you are the executor of the will and the maker (the testator) has passed away by making an application for probate with the Supreme Court of NSW. We can then act on behalf of the estate to distribute funds to the beneficiaries. If a person dies without a will (known legally as “intestate”), we can apply for letters of administration, which provide authority to act on behalf of the estate.

Power of Attorney and Enduring Guardianship

A power of attorney is a legal document that gives another person or people—referred to as the attorney—the authority to act in your place in financial and contractual matters. The designation of a person or people to make decisions regarding your lifestyle and health on your behalf when you are unable to do so is known as enduring guardianship. Our lawyers can help you draft effective power of attorney and enduring guardianship documents. We will make sure they are comprehensive and legally binding.

Estate Planning

The structure for distributing your assets after death is provided by an estate plan. An estate plan, which includes but is not limited to a will, can be used to manage things like family trusts, liabilities, and powers of attorney. BSM lawyers are experts in estate planning and can help give you peace of mind.

Family Trust and Asset Protection

A family trust is a specific type of discretionary trust that families create to keep family assets (such as a home or a business) with the family members as beneficiaries. The benefits of this type of trust include tax advantages, asset protection, and beneficiary income. Our team has extensive experience in establishing and maintaining commercially advantageous trust structures.

Civil and Commercial Litigation

The civil and commercial litigation lawyers at BSM routinely resolve disputes in and out of court.

Although “litigation” refers to the legal resolution of disputes in court, in practice, many of these disputes are resolved outside of court through methods like interlocutory applications and other types of alternative dispute resolution. 90% of the civil litigation cases we handle are resolved without the need for a formal hearing.

Should your matter proceed to trial, BSM lawyers have a wide range of experience in Local, District, Federal and Supreme courts as well as tribunals and arbitrations. Our team of knowledgeable lawyers will tenaciously fight for you.

Commercial Disputes

Commercial disputes are business disputes, including those involving companies, partnerships or sole traders. These could relate to contracts, debt recovery, finance documents, intellectual property, insolvency, building and construction disputes, employment disputes or director and shareholder disputes.

Non-Commercial Disputes

Non-commercial disputes and disputes between individuals as opposed to business entities.

Civil Litigation

Civil litigation is an umbrella term for disputes involving both people and companies. It includes the commercial disputes already described as well as defamation actions, torts (private legal actions brought without a contract), and legislative proceedings (for example between neighbours).

Alternative Dispute Resolution

Alternative dispute resolution involves methods of resolving legal disputes out of court. This includes negotiation, conciliation, mediation, arbitration, and adjudication. ADR can help you to avoid the time, stress and cost of litigation.

Litigation

Litigation is the process of resolving disputes in court. BSM’s civil and business litigation lawyers will meticulously prepare, file and serve a statement of claim, represent you at the directions hearing and take care of all other formalities, such as arranging lay and expert evidence.

In addition to the previously mentioned ADR methods, we employ negotiating strategies like offers of compromise and interlocutory applications to our clients’ benefit and strive for a quick resolution with minimal costs.

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

Business Law

With a combined experience of more than 50 years and world-renowned clients, our business attorneys are leaders in their field. Our team provides expert legal advice to all different types of businesses, from start-ups and small businesses to large international corporations. We are proud to have developed enduring, committed relationships with our clients based on trust, professionalism, and exceptional commercial results.

BSM offers a variety of responsive, client-centred, and fairly priced services to businesses. We can assist you with:

Business Startup

BSM’s business and commercial lawyers can help you navigate the often challenging process of starting a business. We provide tailored legal advice and support about contracts, employees, business structures and legal requirements. We have the skills to mitigate business risks and maximise your business’ commercial success.

Pre-Contract Negotiations and Business Contract Drafting

Our expert lawyers can draft and negotiate your business contracts to safeguard your commercial interests. Our team will negotiate the details of your business agreement to protect you from unfair clauses that, if overlooked, could cause severe financial losses. We will draft thorough and legally effective business contracts to manage business risks, avert potential disputes and preserve your commercial interests.

Business Contract Review and Enforcement

Our team can review, amend, and enforce business contracts. To avoid future legal problems, we will evaluate contracts before you sign and are bound to their terms identifying problematic clauses and ensuring you understand the terms and the legal rights and obligations. We will also assist you in enforcing the terms of your business contract should they be breached by utilising different legal options, including damages and injunctions. Your rights will be upheld by our dedicated lawyers.

Director’s Duties and Disputes

The skilled business lawyers at BSM can provide advice on the legal and fiduciary duties imposed on directors by legislation and common law as a result of relationships of trust and confidence. Directors who break the law expose themselves to serious legal consequences, including fines, disqualification and even gaol. The severity of these fines emphasises how important it is to get legal advice on directors’ duties. We can also help you understand how the solvency of a company impacts a director’s rights and obligations.

Shareholder Agreements and Disputes

BSM can advise you on your rights as a shareholder, including how to enforce and protect them. Our team can also offer guidance. if a director feels their duties have been breached or if they disagree with a business decision. Through comprehensive and efficient shareholder agreements and company constitutions, the risk of shareholder disputes is mitigated.

Commercial and Retail Leases

We have extensive expertise in preparing, negotiating, and finalising leases for residential, retail and commercial leases. Our team will make certain that your transaction is completed affordably and safely. We have vast experience representing lessors and lessees when structuring leases and resolving lease disputes.

Bankruptcy and Insolvency

We can help you navigate the challenging legal processes involved with bankruptcy and insolvency. Our firm can provide advice on options for fundraising, business restructuring, receivership, and liquidation. If your business is suffering financial problems, we can also offer expert legal advice to creditors to help safeguard your interests and financial position.

Dispute Resolution Law

At least 85% of business disputes are settled by skilled lawyers at BSM without resorting to costly litigation. There are numerous ways to resolve disputes, and we make a significant effort to identify those that are most appropriate for your specific situation while still being practical, creative and commercially advantageous.

Most cases can be resolved by our lawyers through negotiation. If your matter goes to court, our experts will vigorously advocate for you, saving you the added cost of a barrister.

Negotiation

Negotiation is an informal process for resolving disputes where the involved parties discuss the issue and attempt to reach a compromise. Our lawyers will advise you on your legal rights, carefully consider your concerns, and develop a negotiation strategy that is suitable for your situation. This could entail correspondence, settlement proposals or client and lawyer meetings.

Mediation

Mediation is a process in which an impartial mediator helps parties resolve their conflict by facilitating communication and helping to find a mutually beneficial solution. Mediators must maintain their objectivity as it is a private process. Your lawyer may be present during mediation.

Conciliation

Conciliation is similar to mediation, however, unlike a mediator, a conciliator may play an advisory role in the content and resolution of the dispute. Conciliation is a private, voluntary process, similar to mediation, that aims to resolve disputes amicably. A conciliator cannot make a legally binding decision. Your lawyer may be present during conciliation.

Arbitration

The most formal alternative to litigation is arbitration, which enables parties to have their dispute resolved by a third-party arbitrator (or sometimes a panel of arbitrators). Arbitration is a private and sometimes confidential process where disputing parties present arguments and evidence that the arbitrator evaluates before making a decision or award. The award is binding and enforceable. Your lawyer may be present during the arbitration.

Adjudication

Adjudication is a type of arbitration that can be used to resolve payment issues quickly under the Building and Construction Industry Security of Payment Act 1999 (NSW), also known as SOPA. Adjudication and arbitration both regularly involve representation from dispute resolution lawyers.

Expert Determination

Expert determination is a method in which an impartial expert on the issue of a dispute is consulted. The expert hears from the parties and evaluates their arguments before making a final and binding determination (subject to any contract between the parties regarding the expert determination). It is often used to resolve technical disputes such as design, construction and complex financial issues.

Litigation

Litigation is the process of resolving disputes in court. Our team will always aim to resolve disputes early as litigation is the most formal and expensive route. Litigation involves developing a strategy that may include techniques like ongoing negotiations, formal offers of compromise and interlocutory court proceedings.

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

Frequently Asked Questions

chevronWhat legal services do you offer at BSM Sutherland Lawyers?

Business Law, Criminal Law, Wills and Estates, Commercial and Civil Litigation, Dispute Resolution, Debt Recovery, Family, Bankruptcy, Property and Conveyancing Law.

chevronWhat makes BSM Lawyers so trusted for commercial law and dispute resolution in Sutherland?

Our team of Sutherland lawyers has extensive experience in commercial law and dispute resolution. We cater to individual and commercial clients, providing advice on commercial disputes, debt recovery, and more. Our quality legal advice is backed by a proven track record in handling complex legal matters, both in and out of court. With a focus on timely and cost-effective solutions, we’re dedicated to meeting your business needs in the Sutherland Shire. BSM Lawyers have extensive experience providing legal services to individuals, small business and large corporate clients.

chevronHow does BSM Law handle disputes in the building and construction industry?

Our building and construction lawyers take great pride in their ability to resolve most disputes without the need for costly litigation. We work hard to find practical and commercially advantageous solutions, advising and acting for you across all forms of dispute resolution, including mediation conference, expert determination, adjudication and arbitration. If a dispute proceeds to litigation are lawyers are highly experienced in legal representation at all levels including at NCAT and in the Local, District and Supreme Courts.

chevronHow can BSM Lawyers help with property law and conveyancing?

BSM Lawyers offers comprehensive legal services in property law and conveyancing within the Sutherland Shire. Our expert advice ensures a seamless process from property settlement to complex property transactions. We advise both individual and commercial clients, advise on and manage complex property disputes, understand the intricacies of legal matters and offer solutions tailored to your needs. Whether it’s buying, selling, or leasing property, trust our Sutherland solicitors for top-tier support.

chevronDo BSM Criminal Lawyers take dangerous driving cases?

Yes, our criminal law practice includes handling dangerous driving cases. We recognise the serious nature of such charges, and our lawyers are dedicated to providing expert advice and robust defence. We evaluate each case carefully, considering the specific legal matters involved, and guide you through the entire process. From initial legal advice to representation in Sutherland court, we’re committed to ensuring your rights are protected

chevronCan BSM's Lawyers provide legal advice on contracts?

Yes, our lawyers have expertise in legal contracts for individuals, small and medium business through to large corporations. Whether you’re facing a contract dispute or need help with reviewing an existing contract or drafting a new contract, we are able to assist. Brander Smith McKnight has earned the reputation as the preferred legal firm in the Sutherland Shire due to our lawyer’s extensive experience, meticulous attention to detail and ability to negotiate.  A carefully drafted and water tight contract will help avoid difficulties and conflict in the future. 

chevronWhy is BSM Lawyers one of the most respected law firms in Sutherland?

We have over 50 combined years of legal experience and over 5,000 satisfied clients. We have a dedicated team of lawyers who each excel in their respective areas of law and have experience dealing with complex legal matters. We pride ourselves on our ethical and diligent approach to all matters, irrespective of the size, to achieve the best possible outcome for all of our clients. We provide large Sydney firm experience and quality legal services at a fraction of the price.

chevronWhat experience do BSM Lawyers have?

Our team of lawyers have worked on thousands of cases in their respective areas of law, from small business and individual matters to international construction and infrastructure projects valued at in excess of $1 billion. 

Our lawyers have worked for major corporate clients and provided legal advice in areas including competition law, privacy, marketing representations, contract advice and contract drafting. We have also advised on major commercial transactions, including international transactions, licensing agreements, distribution agreements, supply agreements and intellectual property protection.

The BSM team has extensive court experience and regularly appears in the Local, District and Supreme courts. We are powerful and effective advocates both in the courts and throughout complex negotiations and dispute resolution out of court

BSM Law firm has offices in Sutherland, Parramatta, Sydney and Wollongong.

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

BSM Lawyers provide a premium, professional and personalised legal service without the cost premium of a city law firm.

Sutherland Shire’s law firm of choice.

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

Our clients include thousands of individuals, small and large business and some of the worlds best known companies and brands.

coldpower

omo

schwarzkopf

loctite

sard

nsw-port-authority

sydney airport corporation

pacific national

dynamo

fab

sunlight

taft

surf

boating syndication australia

brc lifts

scg international

starkey hearing technologies

vibe electrical

pro bono scheme supporter

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