Business Law Archives - Page 6 of 9

What Does a Commercial Lawyer Gold Coast Do for Growing Businesses?

February 27, 2026
admin
Comment off

Growing a business on the Gold Coast is exciting. It is also complex. As your revenue increases, so does your exposure to legal risk. Contracts become larger. Staff numbers grow. Leases get longer. Disputes can carry higher stakes. This is where a commercial lawyer Gold Coast that businesses trust becomes an important part of your growth strategy. A commercial lawyer does not just step in when something goes wrong. They work alongside you to reduce risk, protect your interests and support sustainable expansion under Queensland law. Understanding Commercial Law in Queensland Commercial law is not one single Act or code. It is a broad area of law that governs how businesses operate, contract and resolve disputes. In Queensland, it draws from a combination of several sources, including: Exactly which laws apply depends on the nature of your business and the issue at hand. For example, a Gold Coast café entering a retail lease will be affected by Queensland leasing laws, local government laws for a food business licence, and Commonwealth employment laws. A construction company will need to consider state-specific building legislation. A company with multiple shareholders will need to comply with federal corporate law. Commercial lawyers do not simply recite legislation. They interpret how these overlapping laws apply to your business in practical terms. What a Commercial Lawyer Actually Does Day to Day When people search for a “commercial lawyer Gold Coast” or “lawyer for business near me”, they might not be sure what the role really involves. In practical terms, a commercial lawyer can support your business in the following ways: Contracts: The Foundation of Every Growing Business Most commercial disputes do not start in court. They start in a contract. It might be unclear wording. It might be assumptions that were never written down. Or it might be terms that were copied from another agreement without being properly considered. In Queensland, contracts are governed primarily by common law principles, but they are also influenced by legislation such as the Competition and Consumer Act 2010 (Cth), which includes the Australian Consumer Law. That means certain terms can be void if they are unfair, misleading or deceptive. Other legislation can provide significant penalties for the inclusion or failure to include certain terms. A commercial lawyer helps draft and review contracts so that they are clear, enforceable and commercially sensible. This often includes: For companies, shareholder agreements also interact with obligations under the Corporations Act 2001 (Cth), particularly around directors’ duties and decision-making. If you are expanding your operations on the Gold Coast, strong contracts become even more important. They define responsibilities, allocate risk and set out what happens if something goes wrong. Clarity at the beginning can prevent expensive disputes later. Commercial Leasing and Property Matters The Gold Coast has a strong retail, hospitality and construction sector. Commercial leasing is therefore one of the most common legal issues growing businesses face. In Queensland, many retail businesses are covered by the Retail Shop Leases Act 1994 (Qld). That Act imposes disclosure obligations on landlords and regulates matters such as rent reviews, assignment of leases and compensation in certain circumstances. Not every commercial lease falls under that legislation. Office and industrial leases are often governed primarily by the Property Law Act, general property law and the terms of the lease itself. That is why careful review matters. Before signing a lease, a commercial lawyer will look closely at: If you are purchasing commercial premises, the Property Law Act 1974 (Qld) and other Queensland property laws apply. Property lawyers and conveyancing solicitors on the Gold Coast assist with due diligence, contract conditions and settlement. Property decisions often involve significant financial exposure. Legal advice at the outset can prevent expensive surprises later. Employment Issues as You Scale Hiring staff changes your legal risk profile almost overnight. Employment relationships are governed primarily by the Fair Work Act 2009 (Cth), along with applicable modern awards and the National Employment Standards. There are also Queensland-based workplace considerations depending on your industry. Employment contracts, policies and termination procedures need to reflect current law. Poorly drafted restraint clauses, for example, are often unenforceable. Incorrect termination processes can lead to unfair dismissal claims. A commercial lawyer, sometimes working alongside a Gold Coast employment lawyer, can assist with: As your team grows, the importance of getting employment arrangements right from the start only increases. Debt Recovery and Cash Flow Protection Cash flow is critical for growing businesses, particularly in sectors such as construction and hospitality that are prominent on the Gold Coast. When customers do not pay, the impact can be immediate. Debt recovery lawyers can assist with: If financial pressure escalates, an insolvency lawyer can advise on options such as restructuring, voluntary administration or liquidation processes. The earlier advice is obtained, the more options are usually available. Commercial Disputes and Litigation Not every disagreement becomes a court case. Many do not. Commercial disputes can arise from: A commercial lawyer will often seek to resolve disputes through negotiation or mediation first. Queensland courts encourage alternative dispute resolution before matters proceed to trial. If formal proceedings are necessary, a civil litigation lawyer can represent your business in the appropriate Queensland court, whether that is the Magistrates Court, District Court or Supreme Court, depending on the claim size. The goal is not to escalate conflict unnecessarily. It is to protect your position and pursue a commercially sensible outcome. Buying, Selling or Expanding a Business Growth often involves acquisition or restructuring. If you are purchasing another business on the Gold Coast, a commercial lawyer will conduct legal due diligence. That includes reviewing: This process helps identify risk before settlement. If you are selling, your lawyer will prepare the sale agreement, negotiate key terms and ensure the transaction is structured appropriately under Queensland and federal law. Business transactions are rarely simple. Legal guidance ensures you understand what you are acquiring, what liabilities may transfer and what protections are in place. Why Work with a Local Commercial Lawyer on the Gold Coast? Local context

QLD Council Sues Commonwealth for Environmental Contamination

February 6, 2026
admin
Comment off

A recent decision of the Queensland Supreme Court was interesting in the context of discussing the authorised use of substances which are later found to be damaging to the environment (or humans for that matter), something which has been fairly topical in respect of asbestos, engineered stone, amongst other things.

Telemarketer agreements and door to door sales – the trap of arranging a later meeting

August 7, 2025
admin
0 Comments

Consumers have a number of rights of termination in relation to unsolicited consumer agreements (arising from telemarketed sales, or door to door sales). An unsolicited consumer agreement is generally (with a number of exceptions) an agreement: For the supply of products or services to a consumer; Where the supplier or salesperson approaches the consumer without the consumer’s invitation; The negotiations for which take place over the telephone, or in person at a location other than the supplier’s premises. The concept is for an unsolicited agreement to be one where the direct contact is initiated by the seller. If the contact is initiated by the customer (eg by the customer responding to an advertisement or web page, phoning the business, or going to the showroom premises) then usually the resulting agreement would not be unsolicited. A critical aspect of this is that the consumer not “invited” the contact from the supplier. Sometimes suppliers contend that an agreement is not an unsolicited consumer agreement (as a result of which there are no cooling off rights) because they say that their contact was at the invitation of the consumer. This invitation might be artificially engineered in situations such as the following: A door to door salesperson attends a home uninvited and asks the home owner if they are interested in saving money by installing a solar PV system. When the home owner says yes, the salesperson says that he has to meet a colleague and will have to come back, would it be ok if they meet at (say) 5pm. if the owner has said yes, the seller might argue that the consumer invited the contact, as a result of which any agreement reached at the meeting is not an unsolicited consumer agreement; A telemarketer contacts a business offering a service. If there is any interest, the telemarketer arranges a Zoom or in person meeting for later that day, again, the supplier argues that any agreement arising from the meeting is not an unsolicited consumer agreement because the consumer invited the contact. Because of the contention that the agreement is not unsolicited, the supplier does not include in the contract the required warnings and cooling off provisions, as a result of which the consumer is unaware that they might apply or would have applied. Whether the suppliers would be correct in alleging that agreements reached in those situations are not unsolicited consumer agreements (and accordingly have no cooling off rights) is at least debateable. But the supplier’s argument would not exist if the arrangement was not made for a second meeting or call. Research is always advisable. For information on door to door and telemarketing sales, see https://www.accc.gov.au/consumers/buying-products-and-services/telemarketing-and-door-to-door-sales

May 22, 2025
admin
Comment off

On 16 May 2025, QCAT ordered a motor dealership to refund the entirety of the purchase price of a new vehicle which had been bought in June 2022 and “rejected” by the buyer in about January 2024 some 18 months afterward, because – having regard to the various defects in the vehicle – a reasonable consumer fully acquainted with the nature and effect of the failure would not have acquired the vehicle at the time of the supply. This finding had the result that the failure was a “major failure” under the Australian Consumer Law, which allows the rejection of the item if the rejection is within the “rejection period” under section 262 of the Australian Consumer Law. The rejection period for goods is the period from the time of supply within which it would be reasonable to expect the failure to comply with the consumer guarantee to become apparent having regard to the type of goods, the use to which they are likely to be put, the length of time for which it is reasonable for them to be used, and the amount of use that it is reasonable for them to be put before the failure becomes apparent. The Tribunal had regard to a decision of the Victorian Civil and Administrative Tribunal which considered that the warranty period was relevant when considering whether the rejection period had expired. In that matter, the Tribunal did not consider itself bound by the warranty period given under the manufacturers express warranty, but it is relevant evidence of “the expected period of largely problem free use of the goods”. In the case of this particular vehicle, the Tribunal considered that given: the Tribunal was satisfied that the rejection of the vehicle in 2024 was made well within the rejection period. The consequence of a valid rejection is an entitlement on the part the applicant for a refund of any money paid for the goods, or the entitlement to the replacement the goods with goods of the same type and of similar value if they are readily available. In this particular case, the respondent was unable to provide a replacement value of the same type and of a similar value, and the Applicant did not want another vehicle of the same make. The Tribunal ordered the repayment of the purchase price, together with the payment of the filing fee, see Stevens v James Frizelles Automatic Group t/as Sunshine Kia [2025] QCAT 196 The decision demonstrates the further reach of consumer rights in relation to goods, which now can have to result that goods can be rejected after quite a lot of use if there is multiple issues over a period of time, such that a reasonable consumer would not have bought them. For advice in respect of consumer law matters, please contact Peter Muller at peterm@qbmlaw.com.au

Business Law

What Does a Commercial Lawyer Gold Coast Do for Growing Businesses?

QLD Council Sues Commonwealth for Environmental Contamination

Telemarketer agreements and door to door sales – the trap of arranging a later meeting

Dealership ordered to repay purchase price of car rejected after 18 months of ownership

Contact info

Menu

Subscribe