Find Lawyers in Australia for Commercial Law
Practice Area Overview
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.
Matthew is a taxation and superannuation specialist. He works primarily with accountants, business owners, high net worth individuals and large family groups on commercial transactions, business and asset restructures, estate and succession planning and other issues involving taxation and superannuation.
Paul has over 20 years' experience in insurance and commercial litigation. In particular his practice focuses on personal injury and property liability claims under common law and statutory schemes as well as marine and transport industry litigation. Paul also specialises in indemnity disputes, fraud claims, statutory prosecution defence and recoveries. Paul advises various major national and international insurers, large corporate insureds, transport operators and government departments. He ...
Andrea specialises in financial services, banking and corporate law. Andrea brings legal capability and insight into regulatory matters, corporate governance, compliance and risk management. She assists her clients to adapt to the changing regulatory landscape to ensure they meet the expectations of their customers and shareholders and regulators. Andrea’s expertise extends to designing and conducting a broad range of financial services training for financial services providers, their s...
Toby is an Accredited Specialist in Commercial Litigation with the Queensland Law Society (QLS) and is former a member of the QLS’ Commercial Litigation Specialist Accreditation Advisory Committee. He is also a National Accredited Mediator and has been acting as a mediator and facilitator for 20 years. At present, Toby is the Chair of the QLS Alternative Dispute Resolution Committee and is a Member of the Law Council’s ADR Committee. Toby is regularly appointed by parties and nomi...
James is the leader of our Public M&A and Equity Capital Markets practice. He is a current member of the Australian Takeovers Panel and has extensive experience working in top-tier corporate law firms in Australia and London. James’ experience includes leading the Kain teams advising: SILK Laser Clinics (ASX:SLA) on its proposed acquisition by Australian Pharmaceutical Industries (API) (a subsidiary of Wesfarmers (ASX:WES)) by way of scheme of arrangement for approximately $180m; Ke...
Gerry is the leader of our M&A (Private) and Equity Capital Markets (Private) practices. He has been advising on capital raising transactions, mergers and acquisitions and capital structuring for over 30 years in key financial markets including Sydney, Hong Kong and London. He is a trusted advisor to our clients. Gerry’s experience includes leading the Kain teams advising: sportsmed on the sale of their hospital to Burnside War Memorial Hospital; SILK Laser Clinics (ASX:SLA) on its ...
Katrina is a Special Counsel in our Corporate team. Her practice includes licensing and commercialisation of IP, assistance with IP ownership and structuring issues, research and development collaborations, alliances and joint venture arrangements, the sale and purchase of IP assets and companies, IP audits and due diligence, establishment of franchise systems, manufacturing, supply and distribution agreements, general contracts law and commercial and corporate law. Katrina also advises in re...
Sarah is an experienced Transactions lawyer who is valued by clients for her attention to detail, commercial acumen and dedication to achieving the best commercial outcome for them. Sarah’s transactional experience includes; Advising Best Doors and Reliance Doors on their business sale to Swiss listed company Dormakaba; Advising sportsmed on the sale of their hospital to Burnside War Memorial Hospital; Leading the due diligence team in relation to Kelsian Group’s (ASX:KLS) $698m (...
Tony is a senior lawyer with more than 35 years' experience in complex agreements and disputes, particularly across intellectual property (IP), information technology (IT), life sciences, and franchising. Tony also has broad international experience, particularly in the USA, UK, and Asia. Tony has been involved in many seminal deals and cases. His experience includes cases involving expert evidence and cross jurisdiction co-ordination with an emphasis on technical and parallel issues. Tony ha...
Ben Coogan practises in all areas of intellectual property law including agreements and disputes, information technology, privacy, confidential information, competition and consumer law, and litigation. In addition to his intellectual property law experience, Ben is also an experienced practitioner in the area of defamation and media law. Ben has considerable specialist litigation and prosecution experience in patent, copyright, trade mark, designs, and confidential information matters. Ben&r...
Brett Cowell is a founding partner and the Chairman of Cowell Clarke and is a Director of the firm’s Corporate and Commercial team. Brett’s passion for science, technology, and innovation has enabled him to support corporate and business clients in growing and protecting their tangible and intellectual property assets. Brett has very broad-based experience, with a particular interest in advanced manufacturing, defence, ICT, life sciences and technology businesses on a national and...
Glenn is a principal in the firm’s corporate practice. Glenn provides advice to public and private entities throughout Australia on a full range of corporate and business law issues. This includes capital raisings, listings, mergers by acquisition and schemes of arrangement, ASIC, ASX and legislative compliance, capital reductions and other securities issues and transactions. He acts for large and medium sized corporates, both listed and unlisted, providing advice on a full range of bus...
James has experience in a broad range of commercial and intellectual property matters, including intellectual property commercialisation, agreements and licensing, trade mark registrability and infringement issues. James also has extensive experience in technology procurement, licensing and outsourcing matters. This work includes drafting and advising on IT contracts, including software licences, software, platform and infrastructure as a service agreements, software development agreements, I...
James is a corporate practitioner with significant experience in corporate transactions, corporate governance, directors’ duties and compliance with the Corporations Act, ASIC requirements and ASX Listing Rules. His practice has a strong focus on mergers and acquisitions, takeovers (both for bidders and targets), IPOs, other capital raisings and corporate structuring and reconstructions. James also focuses on financial services, including financial services licensing, registered and unr...
Philip has over 30 years' experience practicing in business, commercial, and corporate law. Philip's range of industry experience includes agribusiness (private sector and public sector), mining services, large commercial and residential property development projects, acquisitions and sales, manufacturing, food service, medical practices, wills, and estates. Philip's areas of expertise are: Corporate acquisitions - company and business acquisitions, mergers, buy outs, and joint ventures. Corp...
Greg is a qualified mining engineer as well as an experienced lawyer with over 20 years’ involvement in multi-commodity projects throughout Australasia. Greg’s clients appreciate his ability to understand their technical and operational imperatives as well as the legal and business environment in which they operate. He has worked on numerous large underground and open pit metalliferous and coal mines throughout Australia and also acted as an in-house lawyer for Santos Limited. He ...
Will is a taxation specialist at Piper Alderman who provides state, federal and international taxation advice to a range of corporate, commercial and private clients. Much of Will’s work involves the provision of specialist taxation advice in the context of corporate restructures, business sale transactions and private client advisory. Will also advises the charities sector in relation to a range of taxation and governance issues. In addition to advisory work, Will also manages disputes...
Tim is a Consultant in the Corporate & Commercial team. He has a long-standing practice in property law substantially in commercial property and increasingly in all facets of agribusiness. Tim has a natural and consistent commitment to strong relationships with his clients. What he does Tim advises clients on all aspects of commercial property, including large scale acquisitions and sales and commercial and retail leasing for landlords and tenants. That core focus has been considerably su...
More than 20 years’ experience as a commercial and corporate lawyer in Perth and Melbourne has shaped Mark’s pragmatic and solutions-driven approach to practice. Since establishing the firm’s Melbourne office in 2006, Mark has advised clients on major technology projects, innovative and greenfield business models, acquisitions, divestments and commercial partnerships and relationships. Mark’s background also includes extensive experience in banking and finance, having ...
BAR PRACTICE 1988- : Full-time mixed trial, appellate and advisory practice. Dr Freckelton is an experienced silk who practises in a broad range of areas throughout Australia and internationally in cases which require a high level of strategic skills and close analysis of technical material in the form of expert evidence. Dr Freckelton has particular skills in addressing the broader repercussions of legal disputation so that clients can achieve outcomes which address the issues that have take...
Eugene has over 28 years’ experience practising corporate and commercial law. Eugene’s range of industry experience includes energy (particularly renewable energy) and resources projects, mining services, agribusiness, manufacturing, private equity, financial services, technology commercialisation, property development, and franchising. Eugene’s areas of expertise are: Corporate finance – equity capital markets, public market floats, securities and financial services l...
Michael leads our growth activity, combining his product, market and client experience. He is an experienced corporate lawyer who has advised some of Australia’s biggest corporates and funds on their most complex and strategically critical transactions. Michael’s practice includes advising on corporate mergers and acquisitions, capital raises, alternative asset fund establishment and deployment as well as foreign investment and financial services advice. Michael has a particular f...
Mark is a specialist banking and finance lawyer with over 30 years’ experience. He advises and acts primarily in matters involving corporate lending, loan syndication, Corporations Act compliance and commercial contracts. Mark also advises on privacy issues relating to the Privacy Amendment (Privacy Sector) Act 2000. Mark has extensive experience in public listed company transactions and has provided advice on a wide range of matters to a number of high profile companies and government ...
John is a senior corporate and commercial lawyer who has specialised in technology and intellectual property law for over 25 years. He is a partner in the Corporate and Commercial team at Hall & Wilcox. John advises clients on commercial transactions and legal disputes in the fields of IT, telecommunications and media. His expertise covers all the legal issues associated with the use of technology in business and government, including licensing, privacy and data protection, copyright, bra...
Paul specialises in contract, property, infrastructure, maritime and commercial transaction law with particular emphasis on ports and harbours, maritime and sea trade ventures, shipping, port and waterfront asset sales and acquisitions, transport industry due diligence, port operational risk management, major port development and infrastructure projects, complex terminal management, operating and leasing transactions, contract drafting, negotiations and statutory interpretation. Paul also has...
As a highly skilled commercial lawyer Tim advises clients on efficient and effective business structures that facilitate access to the capital necessary for growth or acquisition. Capital Structuring extends to business restructuring whether solvent or insolvent and to enable generational business succession or exit. Tim provides pragmatic advice that has seen him develop key client relationships across a range of industries including manufacturing, construction, agri-business, technology, to...
Michael is a Partner in HopgoodGanim Lawyers' Corporate practice with expertise in mergers and acquisitions, capital raisings, due diligence, takeovers, joint ventures, corporate restructuring and private equity transactions. Michael is also the co-lead of our Asia Business Unit and in this role he predominantly works with Asia-based clients investing in Australian corporations. Michael has a specific interest in working with clients to achieve great deal outcomes in the resources, technology...
David is a litigation and commercial lawyer with more than 20 years of experience. Hispractice is focused on complex commercial and contractual disputes in various Australian jurisdictions as well as providing his clients with general commercial and business advice. He has wide-ranging experience across many industries, including real estate, energy & resources (including renewable energy), manufacturing and construction, and IT. His experience has been built on being fortunate enough to ...
Daniel is a principal in the firm’s transactions practice. He acts on mergers & acquisitions, corporate and commercial matters for a broad range of business clients, ranging from SMEs to some of the largest businesses in South Australia. He works across a variety of industry sectors, including financial services, property, energy and resources and manufacturing. Daniel regularly leads projects involving: share, asset, business and property sales and purchases; corporate structuring ...
Bianca specialises in mergers and acquisitions, foreign investment and corporate governance. In addition, her practice involves providing general corporate and commercial advice to clients throughout the lifecycle of their businesses. She has positioned herself as a trusted advisor to a variety of Australian and international clients ranging from private family businesses and not for profits to large corporates and fund managers. Her clients appreciate her pragmatic strategic approach and abi...
Consistently ranked by clients and peers as a leading corporate lawyer, Kain Lawyers’ founder and Managing Director has over 25 years’ experience in M&A and equity capital markets law. John’s experience ranges across private equity, capital markets and mergers and acquisitions. His experience in advising public and private companies and investment funds has seen him consistently ranked by the AFR’s ‘Best Lawyers in Australia’ and Doyles Guide as a leadi...
Caren is an experienced corporate and commercial lawyer advising both public and private companies across a broad range of industries in relation to share and asset acquisitions and disposals, the establishment and operation of joint ventures, strategic investments, corporate restructuring, due diligence investigations, corporate governance and general corporate and business matters. Caren’s experience working in-house within the legal team of two large energy companies has given her a ...
Stephen is a well-respected commercial litigation lawyer with almost 30 years’ experience. His area of specialisation is in corporate and commercial dispute resolution, with a particular focus on complex debt, consumer law, contract, corporations law, equity, real property and regulatory investigations. Stephen has represented both public and private companies across a range of industries and issues, in the Supreme Court, the Federal Court and High Court, and has led large-scale matters...
Michael specialises in corporate and personal insolvency law and is recognised as one of Australia’s leading insolvency lawyers. He acts regularly for banks, financial institutions and other secured lenders providing advice in relation to the security enforcement. He acts for insolvency practitioners in all types of personal and corporate business restructuring and insolvency administrations. Michael is regularly engaged to act for companies and directors providing advice on the restruc...
Michael specialises in corporate and personal insolvency law and is recognised as one of Australia’s leading insolvency lawyers. He acts regularly for banks, financial institutions and other secured lenders providing advice in relation to the security enforcement. He acts for insolvency practitioners in all types of personal and corporate business restructuring and insolvency administrations. Michael is regularly engaged to act for companies and directors providing advice on the restruc...
Tony has been the Hall & Wilcox Managing Partner since 2007. He is well recognised in the legal sector and has led the firm through a period of substantial growth and success. Tony won Managing Partner of the Year at the Australian Law Awards in 2017 and 2015 (and was a finalist in 2014 and 2016). He was also a finalist for Law Firm Leader at the Australasian Law Awards in 2017. Tony won the Law Institute of Victoria Managing Partner of the Year Award in 2009. Tony, as Managing Partner of...
Scott McDonald has more than 30 years' commercial litigation experience. He works on complex commercial disputes, competition law litigation, alternative dispute resolution, bankruptcy and insolvency. He also practises in the emerging field of international commercial arbitration with a particular focus on cross-border trade disputes. What he does Scott provides regulatory advice to publicly listed companies, and their directors and officers, on statutory notices or examination requests from ...
John McKenna QC has been in practice at the commercial bar in Queensland for over 30 years, including over 18 years within the ranks of senior counsel. He has a particular interest in appellate and legally complex matters. Mr McKenna is also a Nationally Accredited Mediator, with over 15 years of experience in the mediation and expert determination of commercial disputes. He graduated from the University of Queensland with a Bachelor of Arts (majoring in economics) and a Bachelor of Laws (Hon...
With more than 35 years’ experience in property law, Richard has advised on matters from major CBD property acquisition and Commonwealth property interests to large scale community title residential development and joint venture property developments. He has extensive experience in advising Commonwealth, state and local government in commercial property related matters and has acted for multiple Councils in property sales and developments. He is also the Honorary Solicitor for the South...
A Partner with HopgoodGanim for more than 25 years, Brian leads our Corporate practice. Brian specialises in capital markets, mergers and acquisitions and corporate restructuring, and has acted on numerous transactions and capital raisings in both the industrial and resources and energy sectors. Brian is Non-Executive Chairman of Aus Tin Mining Ltd (ASX:ANW), Lithium Consolidated Mineral Exploration (ASX:LI3) and Platina Resources Limited (ASX:PGM), and Non-Executive Director of DGR Global Lt...
Luke Mountford leads HopgoodGanim Lawyers as Managing Partner and also leads our Private Enterprise practice, working predominantly with HG Private clients advising on their corporate and commercial legal matters. Luke has a significant experience base advising on business succession, structuring, and mergers and acquisitions. His clients include private and family owned businesses, agribusiness clients, indigenous businesses and high wealth individuals. He has a particular interest in family...
Michele is a Partner in our Corporate practice and he has practised exclusively in corporate law for the duration of his legal career. Michele has extensive experience in mergers and acquisitions and capital markets transactions, including the negotiation of significant commercial contracts and agreements. While Michele has led a large number of transactions in the resources and energy sector, Michele also advises heavily in the technology and media sector to national and international client...
Harry is the lead partner of the Hall & Wilcox financial services practice .Harry's practice focuses extensively on financial services, corporate advisory and general corporate and commercial work. Harry has represented a number of listed public companies, large private companies and government organisations. His clients include all types of financial services businesses, including responsible entities, financial planners, superannuation funds, investment advisers, insurance brokers, corp...
Paul has more than 25 years' experience in all aspects of property, town planning and environment law—acting for developers, government and statutory authorities, landlords, fund managers and investors. He has a wealth of experience in major mixed use and community strata title projects. Paul has acted for some of Australia's largest developers in landmark Queensland projects. He advises on all aspects of a project, from due diligence, site acquisition, to development, titling, body cor...
Ed’s practice covers private mergers & acquisitions (both local and international), with particular specialism in mid-market deals in Australia, distressed M&A and inbound international transactions. Ed has significant experience running large projects including company establishment, corporate restructures and succession for large family groups. Ed has advised on over 200 M&A transactions including acting for buyers and sellers across a range of sectors in share sales, busi...
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