Overview

What commercial lawyers actually do

Commercial lawyers advise businesses on how they are structured, what they sign and what happens when a deal goes wrong. The work ranges from a one-page services agreement through to the sale of the business itself.

The pattern in this area is that the cheapest legal work is the earliest. Reviewing an agreement before signing costs a fraction of arguing about it afterwards.

The work they handle

Company structures, shareholder and partnership agreements
Buying and selling businesses, including due diligence
Supply, distribution, services and licensing agreements
Commercial leases, for landlords and tenants
Terms and conditions, privacy policies and consumer law compliance
Commercial disputes, and the negotiation that usually precedes them

Western Australia

Where a matter like this is heard

Magistrates Court of WA

Handles most criminal and traffic matters and smaller civil claims.

District Court of WA

Handles serious criminal trials and larger civil claims.

Supreme Court of WA

Handles the most serious criminal matters, major commercial litigation and probate.

State Administrative Tribunal (SAT)

Handles planning, guardianship, vocational regulation and administrative review.

Western Australia is the only state with its own dedicated Family Court — the Family Court of Western Australia — rather than sending family matters to the federal court. If your matter is in WA, look for a firm that practises there specifically.
Distance matters more here than anywhere else. Many Perth firms act for clients across the whole state and are set up to run a matter without you ever attending the office.

When to call a commercial lawyer

You are starting a business with someone else and nothing is documented
You are buying or selling a business
A contract has been put in front of you with a deadline attached
You are signing a commercial lease
A customer, supplier or co-owner is in dispute with you

What it costs

Commercial work is usually hourly, though standard documents are increasingly offered fixed fee. Transactions are often quoted as a range with a scope attached — read the scope closely, because that is what determines whether the range holds. For ongoing work, ask whether the firm offers a retainer.

How to choose

Right-size the firm

A large commercial firm is the right answer for a complex acquisition and the wrong one for a services agreement. Both exist for a reason.

Ask about your industry

Regulated industries carry rules a generalist may not know to look for. Say what your business does on the first call.

Documented beats agreed

Most commercial disputes between people who trusted each other come down to something never written down.

Before you engage anyone

Check the practitioner holds a current practising certificate. In Western Australia that is Legal Practice Board of Western Australia, and the register is public.

Check the WA register ↗

Common questions

Do I really need a shareholders agreement?

If you own a business with someone else, it is the document that decides what happens when one of you wants out, dies, or stops contributing. Without one, those questions get answered by default rules that may suit neither of you.

Can I use a template contract?

For low-risk, repeatable arrangements, often yes. The risk is that templates are drafted for someone else's situation, and the clauses that matter — liability, termination, intellectual property — are the ones most likely to be wrong for yours.

What is due diligence?

The investigation you do before buying a business — the financials, contracts, leases, staff entitlements and liabilities. It is where you find out whether you are buying what you were told you were buying.

How is a commercial lease different from a residential one?

Commercial leases are far less regulated and far more negotiable. Terms about rent reviews, make-good obligations and options to renew are often where the real money sits.

This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.

Commercial Lawyers by suburb in Western Australia

Albany1 Busselton1 Forrestdale1 Fremantle1

Commercial Lawyers in other states

New South Wales Victoria Queensland South Australia Tasmania Australian Capital Territory Northern Territory