Skip to content
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
Advice & Articles

Commercial Law FAQs

  • Published: 18 November 2021
  • Last Updated: 22 May 2024

Commercial Law FAQs

Why should a business engage a commercial lawyer?

Commercial lawyers can assist people involved in a business in a variety of manners that can avoid costly and time-consuming litigation in the future. Businesses are required to comply with various pieces of legislation controlling matters such as taxation and employment conditions, and so it is important to consult an expert commercial lawyer when you are unsure of your specific rights and responsibilities.

 

Commercial lawyers can also assist in the structuring and reviewing of contracts, including employment contracts, leases, sales of business and land, and client agreements. By consulting a commercial lawyer, you can ensure that any agreement is structured so that its terms and conditions benefit you (or your client), and that it is legally binding and valid.

 

As well as preventative measures, commercial lawyers can also benefit a business once a legal issue has arisen. Specific areas in which a commercial lawyer can assist include debt recovery, workplace disputes and unfair dismissal claims.

 

How do I choose the best business structure for my business?

The decision of which business structure is best suited to your business will depend on a number of factors, and can have important implications for taxation, licenses required, the control over your business and personal liability. It is therefore important to consult an expert commercial lawyer before making such an important decision, to fully understand the various pros and cons of each structure.

 

The simplest business structure is a sole trader. A sole trader business is relatively inexpensive to create and maintain, and gives you complete control over the business. However, as a sole trader, you are personally liable for any losses or lawsuits against the business.

 

A partnership is where up to 20 individuals run a business enterprise together. Like a sole trader, a partnership is relatively inexpensive to establish and maintain, and does not require income tax to be paid. As a partner, you are liable for all of the business’ debts, even if the issue arose from the actions of another partner – you are ‘jointly and severally liable’.

 

A company is a more complicated business structure that carries with it a variety of benefits, especially for a relatively large business. A company is a separate legal entity, which means it can sue and be sued and, importantly, gives you limited liability. Running your business as a company gives you potential tax benefits, as your tax may be able to be kept in the company or distributed to shareholders as dividends. Establishing and administering a company is more expensive, however, than a sole trader or partnership, and so may not be financially preferable for small businesses.

 

Finally, a trust can be employed as a business structure, often in conjunction with a company. Trusts can be expensive to operate due to the formal administrative tasks imposed on a trustee, though provide asset protection and in some cases, limited liability.

 

Our expert commercial lawyers can assist you in choosing which business structure is best suited to your particular business.

How can a commercial lawyer assist me in a business dispute?

Commercial lawyers understand the respective rights and responsibilities of directors compared to those of shareholders. This knowledge is integral to resolving any business dispute promptly and effectively, and is often misunderstood by the parties involved.

 

Business disputes may be resolved through a number of methods including mediation, arbitration or negotiation. Which method is likely to provide the best outcome for your business will depend on the facts and nature of the dispute, and is something that our commercial lawyers can assist you with by explaining to you your rights and responsibilities, and the potential outcomes of each method of resolution.

Call us on 1300 334 566 or email info@bcglaw.com.au and safeguard your interests every step of the way.

See also:

FAQs – Six Steps to Start your Partnership

Related Articles

Buying a business in Queensland involves complex contracts, due diligence, and compliance steps. At Bennett Carroll Solicitors, our experienced commercial lawyers help buyers navigate every stage — from reviewing confidentiality agreements to settlement — to protect your investment and ensure a smooth transition to ownership. Whether you’re purchasing a café, retail store, or professional service business, our team offers Queensland-wide assistance with tailored, practical legal advice.

Buying a Business in Queensland: Why You Need Expert Legal Advice before Purchasing

: Expert legal advice for business owners and company directors across Australia, including Brisbane, Gold Coast, Sunshine Coast, and Sydney, on safeguarding company assets, private shares, and intellectual property. Specialised assistance in drafting Binding Financial Agreements (BFAs) to protect commercial interests against de facto relationship claims, marriage breakdowns, and family law property settlements. We provide comprehensive strategies for ring-fencing family trusts, discretionary structures, and startup equity, ensuring your business succession plan remains intact without the need for an office visit.

Protecting Your Business in a New Relationship: A National Guide for Entrepreneurs

When Business Partners Fall Out: Your Guide to Resolving Partnership Disputes in Queensland

Essential Advice for Employment Contracts, Terms, and Conditions- Navigating the Maze- Legal Advice

Selling your business

Selling Your Business- Methods of Sale – Commercial Legal Advice

Demystifying Debt Recovery Proceedings in Queensland: A Comprehensive Guide

This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

PrevPreviousFive Reasons Why You Should Have Your Commercial Lease Reviewed
NextConveyancing FAQNext
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

Practice areas

  • Commercial + Business
  • Litigation
  • Family Law
  • Wills + Estates
  • Conveyancing
  • Building + Construction Law
  • Criminal + Traffic

learn more

  • About Us
  • Meet the Team
  • Advice + Articles
  • Contact Us
  • LinkedIn
  • Instagram
  • Facebook

Our Office Locations in SEQ - click to view

  • Brisbane North - Stafford
  • Brisbane South - Upper Mount Gravatt
  • Sunshine Coast - Kawana Waters
  • Gold Coast - Mermaid Beach
  • Ipswich- By Appointment Only
  • Brisbane Central- By Appointment Only

Get In Touch

  • 1300 334 566
  • Click to Email
  • 8.30am - 5pm Monday - Friday
  • Chat With Us (Bottom of this page)
  • Bennett Carroll Solicitors
  • 1300 334 566
Copyright 2025 © Bennett Carroll. All rights reserved.