Commercial and Business Lawyers
Comprehensive Commercial Lawyers Perth
Commercially focused legal advice for businesses at every stage.
We advise on:
- Commercial contracts and negotiations
- Business structure, sales and acquisitions
- Regulatory compliance
- Commercial disputes and litigation
- Shareholder and Partnership Agreements
Our team delivers practical legal strategies that minimise risk, protect your position, and support long-term business growth.
Comprehensive support
At Barnard Lawyers, our commercial and business law team is dedicated to providing comprehensive legal services to clients in the Perth area.
We understand the complexities and challenges that businesses face, and we are committed to helping our clients navigate these issues successfully.
How We Can Help
We support your business at every stage, from initial structuring and contract drafting to complex negotiations and dispute resolution.
Our team provides commercially minded advice designed to mitigate risk and protect your bottom line in a competitive market.
Whether you are buying a business, leasing premises, or navigating regulatory compliance, we deliver practical legal solutions that align with your commercial objectives and foster long-term growth and stability.
Areas of practice
Commercial Contracts
& Negotiation
Commercial Disputes
& Litigation
Public-Private
Partnerships (PPPs)
HEAR FROM OUR CLIENTS
FAQs
What is the difference between a business lawyer and a commercial lawyer?
In practice, there is often significant overlap between a business lawyer and a commercial lawyer, and many firms, such as Barnard Lawyers, provide both services together.
A business lawyer typically focuses on the day-to-day legal needs of running a business, such as:
- Drafting and reviewing contracts
- Advising on business structures and operations
- Ensuring compliance with relevant laws and regulations
A commercial lawyer, on the other hand, often deals with broader or more complex commercial matters, including:
- Negotiating high-value or complex contracts
- Handling commercial disputes and litigation
- Advising on mergers, acquisitions, and large transactions
- Supporting major projects, including construction or infrastructure agreements
That said, the distinction isn’t always strict. Many lawyers work across both areas, combining practical business advice with deeper commercial expertise. The key is choosing a lawyer who understands your specific needs and can provide tailored, risk-aware advice, whether for everyday operations or more complex commercial arrangements.
When do I need a commercial lawyer?
In the fast-paced business landscape of Western Australia, engaging a commercial lawyer early is often the difference between a minor hurdle and a costly legal crisis. While many business owners wait for a dispute to arise, the most strategic time to seek legal counsel is during the “prevention” phase, ideally before you sign a significant document or commit to a major transaction.
A commercial lawyer provides essential support when you are structuring your business to ensure your personal assets are protected through companies or trusts. We play a vital role when you are entering into contracts, such as leases and supplier agreements, by ensuring the terms are balanced and enforceable. Additionally, our expertise is invaluable when navigating complex tenders in sectors like energy and construction, or when drafting employment agreements to ensure workplace compliance. By involving us at these key milestones, you secure the legal precision needed to manage risks and scale your business with confidence.
Do I need a solicitor when I start a business?
While it is technically possible to register a business name yourself, engaging a solicitor at the startup phase is a strategic investment that can prevent expensive legal failures later. Starting a business involves making critical decisions that carry long-term liability, and a solicitor ensures those decisions are backed by sound legal structures.
One of the most important roles we play is helping you choose the right business structure, whether that be a sole trader, partnership, company, or trust. This choice dictates your personal liability, tax obligations, and your ability to scale. We also provide the necessary framework for your operations by drafting precise terms and conditions, shareholder agreements, and employment contracts that protect your intellectual property and limit your exposure to disputes. Furthermore, a solicitor can review commercial leases and supply agreements before you sign them, identifying onerous clauses that could harm your cash flow. By securing professional legal advice from the beginning, you move from simply owning a business to building a robust, protected enterprise.
Should I consult a commercial lawyer before purchasing or selling a business?
Consulting a commercial lawyer before purchasing or selling a business is one of the most effective ways to protect your financial interests and ensure a smooth transition of ownership. These transactions are rarely straightforward, involving a complex transfer of assets, liabilities, employees, and intellectual property that require precise documentation to be legally enforceable.
For a buyer, a solicitor performs essential “due diligence” to verify that you are getting exactly what you are paying for. This includes checking for hidden debts, ensuring equipment leases are transferable, and confirming that the business holds the necessary permits and licenses. We also draft or review the Sale of Business Agreement to include robust warranties and indemnities that protect you if the seller’s disclosures prove inaccurate.
For a seller, we focus on mitigating post-sale risk. We help structure the deal to ensure a clean exit, ensuring that all restraints of trade are reasonable and that your liability for past business activities is clearly limited. Whether you are entering a new venture or moving on from an old one, professional legal oversight ensures the contract accurately reflects the commercial deal while safeguarding you from future litigation.
What are the things I should look out for before signing a business contract?
Before signing any business contract, it is vital to look beyond the headline figures and scrutinise the underlying risks and obligations. One of the most critical elements to review is the termination clause, which dictates how and when a party can exit the agreement and what penalties or notice periods apply. You should also pay close attention to indemnities and limitations of liability; these clauses determine your financial exposure if something goes wrong and should be balanced to ensure you aren’t assuming unfair levels of risk for the actions of others.
Furthermore, ensure that the scope of work or services is defined with absolute precision to avoid “scope creep” and that the payment terms clearly outline when invoices are due and what interest applies to late payments. Finally, check the dispute resolution section to understand where and how disagreements will be handled. Small details, such as a clause allowing the other party to unilaterally vary the terms, can have significant long-term consequences. Having a commercial lawyer review these “fine print” items ensures that the agreement aligns with your operational reality and protects your bottom line.
Can I get a commercial lawyer to look over my contract?
Absolutely. Having a commercial lawyer review your contract is a vital step in protecting your business from unforeseen liabilities and “hidden” clauses that could impact your profitability. At Barnard Lawyers, we don’t just look for typos; we conduct a rigorous analysis of the legal and commercial risks within the document to ensure it reflects the deal you think you are making.
Our review process focuses on key areas such as indemnity clauses, which dictate who pays if something goes wrong, and termination rights, which ensure you have a clear path to exit the agreement if necessary. We also look for “unilateral” terms that give the other party unfair power and ensure that payment milestones and intellectual property protections are clearly defined.
By engaging us to review your contract before you sign, we can help you negotiate more favourable terms and provide a plain-English explanation of your obligations. This proactive approach prevents the high costs of litigation that often arise from poorly drafted or misunderstood agreements. Whether it is a small supply contract or a complex master services agreement, professional oversight provides the certainty you need to operate with confidence.