Commercial Lawyers Perth

Commercial law in Australia refers to the body of laws that govern business and commercial transactions and applies to all business structures, including corporations, partnerships, and sole traders. It encompasses a wide range of legal areas, including contract law, corporate law, consumer protection, intellectual property, competition law, and more. Commercial law provides the legal framework for businesses to operate, trade, and resolve disputes, in a fair and competitive commercial environment.

Commercial law is derived from both legislation (such as the Corporations Act 2001 and the Competition and Consumer Act 2010) and common law principles developed through court decisions. It aims to facilitate commerce while protecting the rights and interests of businesses, consumers, and other stakeholders.

In Australia, commercial lawyers provide legal advice and services to businesses across a wide range of commercial matters. They assist clients in navigating complex business transactions, regulatory compliance, and dispute resolution. Their responsibilities include drafting and reviewing contracts, advising on corporate structures and governance, conducting due diligence for mergers and acquisitions, protecting intellectual property rights, and ensuring compliance with competition and consumer laws. Commercial lawyers also represent clients in negotiations, mediations, and litigation when disputes arise. They stay up-to-date with changes in commercial legislation and regulations to provide accurate and timely advice. Many commercial lawyers specialise in specific industries or areas of law, such as banking and finance, real estate, or technology. Their role is to help businesses minimise legal risks, maximise opportunities, and achieve their commercial objectives within the bounds of the law.

Typical commercial law services provided by Australian law firms include:

1. Contract drafting, review, and negotiation
2. Corporate structuring and governance advice
3. Mergers and acquisitions
4. Due diligence investigations
5. Intellectual property protection and licensing
6. Competition and consumer law compliance
7. Regulatory compliance and dealings with government bodies
8. Commercial dispute resolution and litigation
9. Employment law advice and documentation
10. Property and leasing transactions
11. Taxation planning and advice
12. Insolvency and restructuring
13. Franchising and distribution agreements
14. Privacy and data protection compliance
15. Banking and finance transactions

In Australia, commercial law covers a broad range of legal areas related to business activities, including:

1. Contract law – formation, performance, and breach of contracts
2. Corporate law – company structures, governance, and directors’ duties
3. Consumer protection – fair trading practices and product liability
4. Competition law – anti-competitive behavior and mergers
5. Intellectual property – trademarks, patents, copyright, and trade secrets
6. Banking and finance – lending, securities, and financial services regulation
7. Employment law – workplace rights, obligations, and industrial relations
8. Property law – commercial leases, conveyancing, and development
9. Taxation law – business tax obligations and planning
10. Insolvency law – bankruptcy and corporate restructuring
11. International trade law – import/export regulations and customs
12. E-commerce and technology law – online business regulations
13. Environmental law – compliance with environmental regulations
14. Privacy and data protection – handling of personal and business information
15. Dispute resolution – litigation, arbitration, and mediation in commercial contexts

Commercial litigation refers to the process of resolving disputes between businesses or commercial entities through the court system. It usually involves legal proceedings related to commercial transactions, contracts, corporate governance, intellectual property, competition law, and other business-related matters.

During commercial litigation, businesses work with commercial litigators who specialise in representing businesses in these disputes, employing strategies to achieve favourable outcomes for their clients. Their aim is often to resolve disputes efficiently while protecting the client’s commercial interests, reputation, and relationships.

The commercial litigation process can be complex, often involving substantial financial stakes and intricate legal issues. For this reason, alternative dispute resolution methods, such as arbitration and mediation, are used pre-trial in hopes to avoid the lengthy court proceedings. However, if a settlement cannot be reached the dispute will proceed to trial. Depending on the nature and jurisdiction of the dispute, this can occur in several different courts, including state and federal courts.

The Corporations Act 2001 is the primary legislation governing corporate entities in Australia. Its purpose is to promote investor confidence, facilitate business activities, and ensure corporate accountability. As a federal law it applies to all companies registered in Australia and foreign companies operating in the country. The act regulates the formation, operation, and dissolution of companies such as:

1. Company registration and types of corporate structures
2. Directors’ duties and corporate governance
3. Shareholders’ rights and meetings
4. Financial reporting and auditing requirements
5. Corporate insolvency and administration
6. Fundraising and securities regulation
7. Takeovers and mergers
8. Continuous disclosure obligations for listed companies
9. Powers of the Australian Securities and Investments Commission (ASIC)

General litigation and commercial litigation in Australia differ primarily in their focus and the nature of the disputes they address:

General Litigation covers a broad range of civil disputes and often involves individuals as parties. This can include personal injury, family law, and property disputes. It might also deal with smaller monetary claims, involving less complex procedures, but often more emotional factors.

On the other hand, Commercial Litigation focuses specifically on business-related disputes. It typically involves the legal persons who have the claim or cause of action, or against whom the claim or cause of action lies. These parties can be individuals, companies, partnerships, or trusts. It is crucial to identify the specific entities involved, especially in cases where the business has a complex corporate group or trust structure. Generally, it deals with issues like contract breaches, corporate governance, and intellectual property.

Often, it involves far larger monetary claims and complex financial matters, and for this reason, its procedures can be more complex, involving extensive discovery and evidence. Commercial litigation tends to be more strategically driven, focusing on business outcomes.

While both types of litigation follow similar court procedures, commercial litigation often requires specialised knowledge of business law and commercial practices. Commercial litigators typically have expertise in specific industries or areas of business law, whereas general litigators may have a broader but less specialised practice. The approach to resolution in commercial litigation is often more commercially oriented, considering business relationships and reputational impacts alongside legal outcomes.

A commercial settlement in Australia is a negotiated, legally binding agreement between parties to resolve a commercial dispute outside of court, often involving financial compensation or other terms. It is reached through mutual agreement without admitting fault.

Commercial settlement is designed to be cost-effective, time-efficient to preserve relationships, while offering flexibility, managing risk, and providing certainty compared to the lengthy process of litigation.