Commercial lease dispute
*Free consultation is limited to 15 minute phone call for us to give preliminary advice
A commercial lawyer’s initial responsibility is to analyse their client’s requests and evidence and advise them on their legal rights and position in the dispute. A commercial lawyer will also investigate whether the problem may be handled without going to court.
Commercial lawyers will seek further instructions and papers from our client, and produce evidence in favour of our client’s case. We will assist our client with legal advice and information on the court process. We will formulate and prepare legal arguments for our clients, and present in court on our client’s behalf. We will negotiate with the opposing counsel to determine whether the disagreement may be addressed before the final hearing.
The aim of commercial law practice is to provide specific advice on how businesses perform their commercial activities and transact with one another, so that businesses have consistency and efficiency in their interactions and are protected against certain unfair practices. In the event that commercial agreements end up in dispute, alternative dispute resolution and commercial litigation provide different ways for resolving issues between corporations and consumers.
Commercial lawyers help clients in business transactions and other legal matters involving the selling and buying of companies. Commercial lawyers provide legal advice to businesses on topics like, intellectual property protection & agreements and international trade regulations compliance.
Commercial law is the body of law that governs businesses and individuals rights, conduct, and obligations in their business activities and transactions with other enterprises and the general public. When two or more businesses reach agreement on commercial terms, they can engage lawyers draft up commercial agreements based on the terms. In case of dispute, parties can seek to resolve the matter by negotiating through their lawyers or take the matter to court. In case of a court dispute, the Court will hear the parties’ evidence and legal arguments and render a binding judgement.
Commercial law encompasses a wide range of topics, including:
- The body of law governing the formation, interpretation, and breaking of contracts is known as contract law.
- The body of legislation that governs the ownership, management, and behaviour of corporations, as well as its shareholders and directors.
- The law governing ownership and other rights in real property and leasing of premises is known as property and leasing law.
- Copyright, trademark, patent, and design law are all examples of intellectual property law.
- Misleading or deceptive behaviour, unfair contracts, and consumer warranties are all covered under trade practises and consumer law, which are codified in the Australian Competition and Consumer Act and the Australian Consumer Law
If you’re planning to buy a business, you should seek legal guidance from an experienced commercial lawyer to help you through the process. Many factors must be considered, including the optimal business structure for your purposes, financial and tax issues, due diligence, the business’s goodwill, contract documents, and any capital raising strategies you intend to pursue.
There are several strategies to safeguard your company’s intellectual property. Terms and conditions and privacy policies, Trademark registration, copyright, patents, distribution agreements, licensing, advertising and sponsorship rights, and e-commerce issues are just a few examples. In all of these areas, our knowledgeable commercial lawyers can help.
The following qualities should be found in a good commercial lawyer:
- Commercial understanding and the capacity to comprehend the big picture.
- Knowledge and expertise in the relevant field of law
- Transparency and good communication abilities
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