Best Lawyers for Commercial Law in Australia

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Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Trade Law Commercial Law Insurance Law Transportation Law Shipping & Maritime Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law Tax Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Tax Law Commercial Law Mergers and Acquisitions Law Trusts and Estates
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law Litigation Alternative Dispute Resolution
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Corporate/Governance Practice Leveraged Buyouts Mergers and Acquisitions Law Private Equity Law Venture Capital Law Corporate Law Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Biotechnology Law Information Technology Law Intellectual Property Law Litigation Alternative Dispute Resolution Franchise Law Commercial Law Defamation and Media Law Telecommunications Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law Corporate Law Corporate/Governance Practice
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Commercial Law
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Agriculture & Rural Affairs Corporate Law Information Technology Law Intellectual Property Law Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law Government Practice Agriculture & Rural Affairs
Lawyer
Kylie Downes QC was awarded 2019 "Lawyer of the Year" in Elasticsearch.PracticeArea

Kylie Downes QC

Northbank Chambers
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Intellectual Property Law Corporate Law Insolvency and Reorganization Law Construction/Infrastructure Law Litigation Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law Mergers and Acquisitions Law Agriculture & Rural Affairs Corporate/Governance Practice Corporate Law Equity Capital Markets Law
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Agriculture & Rural Affairs Corporate/Governance Practice Corporate Law Commercial Law
Lawyer
  • Location:
    Perth, Australia
  • Practice Areas:
    Litigation Commercial Law
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Private Equity Law Water Law Mergers and Acquisitions Law Commercial Law Venture Capital Law Corporate Law
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Commercial Law Corporate Law
Lawyer
Malcolm McBratney was awarded  "Lawyer of the Year" in

Malcolm McBratney

Macpherson+Kelley
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law
Lawyer
John McKenna QC was awarded  "Lawyer of the Year" in

John McKenna QC

Level 16 Quay Central
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Bet-the-Company Litigation Litigation Commercial Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Commercial Law Tax Law Wealth Management / Succession Planning Practice
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Commercial Law Construction/Infrastructure Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Commercial Law
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Venture Capital Law Funds Management Commercial Law Corporate/Governance Practice Private Equity Law Corporate Law Mergers and Acquisitions Law
Lawyer
  • Location:
    Adelaide, Australia
  • Practice Areas:
    Commercial Law Corporate Law Construction/Infrastructure Law
Lawyer
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Commercial Law Mergers and Acquisitions Law
Lawyer
  • Location:
    Melbourne, Australia
  • Practice Areas:
    Commercial Law
Lawyer
Virginia Waterhouse was awarded  "Lawyer of the Year" in

Virginia Waterhouse

Mills Oakley
  • Location:
    Brisbane, Australia
  • Practice Areas:
    Corporate/Governance Practice Commercial Law Corporate Law
Lawyer
  • Location:
    Sydney, Australia
  • Practice Areas:
    Mergers and Acquisitions Law Commercial Law

  • Location:
  • Practice Areas:

Practice Area Definition

Commercial Law Definition

The practice of corporate/commercial law in Australia touches on a very broad range of legal specializations.

At its heart, corporate/commercial law involves:

  • The consideration of the Law of Contract as it applies to corporations engaging in trade and commerce; and
  • The interpretation and application of the Corporations Act 2001 (Cth) which is the central statute governing corporate law in Australia.
    As such, the practice of corporate/commercial law in Australia requires:
    • A deep understanding of the Law of Contract which is largely derived from the Common Law (i.e. case-based and Court-developed precedent) with certain parameters imposed by statute (such as legislation dealing with consumer protection, unjust contracts, competition/anti-trust law, and time-bars on claims)
    • Considerable knowledge and experience of corporate law, in particular the Corporations Act which applies to bodies corporate and includes foreign incorporated bodies carrying on business in Australia and certain trust structures such as managed investment schemes.

The Corporations Act governs: the establishment of corporations; membership rights and obligations; corporate governance (e.g. director's duties and requirements for meetings of members and directors); solvency; funding (both debt and equity) and the associated financial services licensing regime which regulates offers of financial products, providing financial advice and related services; capital management (e.g. share buybacks, capital reductions, and financial assistance); continuous disclosure, disclosure of direct and indirect share ownership and related issues such as insider trading, where company securities trade on a financial market; and acquisitions (including public company takeovers, schemes of arrangement, and compulsory acquisition of securities).

It is also important in the practice of corporate and commercial law in Australia to have an understanding of a number of important regulatory bodies, such as the Takeovers Panel (which has a significant oversight of takeovers and schemes of arrangement involving companies with 50 members or more) and the Australian Securities and Investments Commission (ASIC) (the main Australian corporate regulator, which operates under a separate statute and is responsible for both the regulation of bodies corporate and the development of policy and guidelines for the operation of the Corporations Act). Additionally, in the listed company environment, an understanding of the financial markets and financial markets operators that carry on business in Australia, (principally ASX Ltd and the listing rules of ASX Ltd) is required.

As a consequence, corporate/commercial lawyers are required to have the skills and experience to canvass a very wide range of issues at some depth.

The practice of corporate/commercial law in Australia touches on a very broad range of legal specializations.

At its heart, corporate/commercial law involves:

  • The consideration of the Law of Contract as it applies to corporations engaging in trade and commerce; and
  • The interpretation and application of the Corporations Act 2001 (Cth) which is the central statute governing corporate law in Australia.
    As such, the practice of corporate/commercial law in Australia requires:
    • A deep understanding of the Law of Contract which is largely derived from the Common Law (i.e. case-based and Court-developed precedent) with certain parameters imposed by statute (such as legislation dealing with consumer protection, unjust contracts, competition/anti-trust law, and time-bars on claims)
    • Considerable knowledge and experience of corporate law, in particular the Corporations Act which applies to bodies corporate and includes foreign incorporated bodies carrying on business in Australia and certain trust structures such as managed investment schemes.

The Corporations Act governs: the establishment of corporations; membership rights and obligations; corporate governance (e.g. director's duties and requirements for meetings of members and directors); solvency; funding (both debt and equity) and the associated financial services licensing regime which regulates offers of financial products, providing financial advice and related services; capital management (e.g. share buybacks, capital reductions, and financial assistance); continuous disclosure, disclosure of direct and indirect share ownership and related issues such as insider trading, where company securities trade on a financial market; and acquisitions (including public company takeovers, schemes of arrangement, and compulsory acquisition of securities).

It is also important in the practice of corporate and commercial law in Australia to have an understanding of a number of important regulatory bodies, such as the Takeovers Panel (which has a significant oversight of takeovers and schemes of arrangement involving companies with 50 members or more) and the Australian Securities and Investments Commission (ASIC) (the main Australian corporate regulator, which operates under a separate statute and is responsible for both the regulation of bodies corporate and the development of policy and guidelines for the operation of the Corporations Act). Additionally, in the listed company environment, an understanding of the financial markets and financial markets operators that carry on business in Australia, (principally ASX Ltd and the listing rules of ASX Ltd) is required.

As a consequence, corporate/commercial lawyers are required to have the skills and experience to canvass a very wide range of issues at some depth.