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Commercial Lawyer

Commercial Law and Business Legal Advice for Companies, Founders and Management Teams 
 A commercial lawyer should do more than protect you on paper. Commercial legal advice should support the way a business actually operates. It should help you contract with confidence, manage risk sensibly and protect the relationships and revenue streams that matter. 

 Gibson MacNeill Lawyers advises businesses, founders, management teams and in-house decision-makers on a broad range of commercial law matters, with a focus on contracts, procurement, projects, technology, funding, intellectual property and day-to-day operational arrangements. We draft, review and negotiate commercial agreements that are clear, practical and aligned with the client’s business objectives. 

Our work is grounded in the realities of how businesses buy, sell, deliver, build, licence, partner and grow. As a boutique commercial law firm with experience drawn from top-tier Australian firms and in-house at major global companies, including Boeing and Facebook, we bring expertise that is usually reserved for large corporations - at a scale and cost that works for growing and mid-market businesses. 

Commercial advice that works in practice

 Commercial law is not just about documenting a position. It is about making sure the document reflects the deal, allocates risk sensibly and can actually be used in the business. A contract that is legally impressive but commercially unworkable is rarely a good outcome. 

 We help clients identify where the real issues sit, what needs to change and where flexibility can sensibly be given. That may involve drafting an agreement from first principles, reviewing a counterparty template, negotiating key departures, refining risk allocation, or supporting a management team on a live commercial issue. 

 Our focus is on agreements and advice that are legally robust, commercially balanced and practical to implement. We work with clients across Australia - from early-stage businesses to established corporations. 

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Our Commercial Law Services

 We advise on a broad range of commercial law and corporate matters, including: 

Commercial Contracts and Agreements 

Commercial contracts

Customer, client and supplier agreements

Master services agreements

Service agreements

Consultancy and contractor agreements

Website terms, trading terms and business terms 

Contract review, negotiation and risk allocation  

Commercial Contracts and Agreements 

Supply, manufacturing and distribution agreements 

Agency and reseller arrangements 

Project agreements and operational contracts 

Energy and infrastructure project documentation 

Government and grant funding agreements 

Technology, Software, Intellectual Property 

Software and SaaS agreements 

Technology services agreements 

Licensing

Intellectual property commercialisation and NDAs 

Trademark protection 

Confidentiality agreements 

Franchise Agreements, Partnership Agreements and Mergers and Acquisitions 

Franchise agreements and related documentation and joint venture arrangements 

Partnership agreements 

Mergers and acquisitions support and due diligence 

Ongoing commercial advisory support 

Commercial Contract Drafting, Review and Negotiation 

We prepare and negotiate contracts that clearly record the commercial deal and properly manage legal risk. We focus on the provisions that matter most in practice, including scope, deliverables, pricing, service levels, liability caps, indemnities, intellectual property ownership, performance standards, delay, termination, confidentiality, restraint issues and dispute mechanisms. 

Good drafting should support the commercial relationship while still protecting the client if the arrangement does not proceed as expected. Getting this right early reduces the risk of disputes and litigation later. 

Business Formation, Structuring and Corporate Governance 

Business structuring and corporate governance decisions made early have long-term consequences for liability, tax, capital raising and operational flexibility. We advise founders, directors and shareholders on the right structure for their business — whether that is a company, partnership, trust or joint venture. 

This includes shareholder agreements, partnership agreements, governance frameworks and restructuring arrangements as businesses scale. Getting the foundations right protects all parties and reduces disputes down the 

track. 

→ If your business is growing through acquisition or preparing for sale, explore our Private M&A Services.

Compliance, Regulatory Advice and the Australian Consumer Law 

Compliance with commercial law obligations is an ongoing requirement for any operating business. We advise on regulatory frameworks relevant to commercial operations, including the Australian Consumer Law, competition and consumer law obligations, franchising regulations, privacy and data-related compliance, and industry-specific legislation.

 

We help businesses understand what the law requires, identify risks and put practical frameworks in place — so compliance supports your operations rather than disrupting them. 

Mergers, Acquisitions and Business Transactions 

Mergers and acquisitions involve significant legal, commercial and financial risk. We support businesses through transactions of all sizes — from the sale of a small business to complex corporate acquisitions — with a focus on structured due diligence, clear documentation and commercially sound outcomes. 

Our experience in corporate transactions spans asset and share sales, mergers, management buyouts and restructuring. We understand both the legal mechanics and the commercial realities of getting a deal done efficiently. 

→ For clients buying or selling a business, see our dedicated Business Sale and Purchase services

Dispute Resolution and Commercial Litigation 

Commercial disputes are disruptive and costly. Where a dispute cannot be resolved through negotiation, we advise on the most practical resolution pathway — including mediation, arbitration and litigation across Australia. 

We work closely with our litigation lawyers to ensure that commercial and dispute strategy are aligned from the outset — protecting your business position while keeping an eye on cost and resolution. 

→ Learn more about our Advocacy and Litigation services

Procurement, supply and business operations contracts 

We advise on the contracts that underpin business operations, including supplier terms, procurement agreements, service arrangements, distribution structures and operational risk settings. Our role is to help clients contract from a stronger position while ensuring the agreement remains commercially workable. 

This is often where practical experience matters most. Small drafting choices can have significant effects on pricing exposure, service responsibility, delivery risk, termination rights and recovery options. 

Projects, energy and funding arrangements 

We assist with commercial documentation for projects, infrastructure-related work, professional services engagements and funding arrangements, including grant and government-backed structures. These matters often require a careful balance between legal protection, operational delivery and stakeholder expectations. 

We are particularly well placed where project, procurement, commercial and regulatory considerations overlap and need to be addressed in a practical and commercially intelligent way. 

Technology, software and intellectual property protection 

We advise on software, SaaS, technology services, data-related commercial arrangements, licensing and intellectual property commercialisation. These matters often involve complex issues around ownership, use rights, service standards, integration risk, performance obligations and future flexibility. 

Our advice is designed to protect the client’s commercial position without losing sight of how the arrangement needs to work in practice. 

Franchise and business format arrangements 

We assist with franchise-related documentation and broader business format arrangements where the client needs commercially credible documentation, practical risk management and advice that reflects operational realities. 

That includes helping clients review, update and strengthen key documents in light of changing legal or commercial requirements. 

Ongoing support for businesses and management teams 

Many businesses do not need a full internal legal team, but they do need experienced legal support as contracts, issues and opportunities arise. We often work as a trusted external adviser to founders, executives, operations teams and in-house lawyers, providing responsive and commercially focused support across a wide range of live matters. 

This model suits businesses that want senior legal input without unnecessary complexity or delay. 

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Who our commercial lawyers act for.

We assist a broad range of clients across Australia, from early-stage founders to established corporations and in-house legal teams. 

Private businesses

Businesses seeking strong contracts and practical legal support across core operations.

Growth companies

Businesses scaling their customer, supplier, technology and delivery arrangements.

Established operators

Companies reviewing templates, procurement settings, project documentation and major commercial relationships.

Management and in-house teams

Decision-makers who need prompt, commercially useful advice on live contracting and operational issues.

Why clients choose Gibson MacNeill as their commercial lawyer

Clients engage Gibson MacNeill because we provide commercial advice that is clear, strategic and grounded in how business is actually done. We do not create complexity for its own sake. We focus on helping clients understand the key risks, improve their position and move forward with confidence. 

Our lawyers bring experience from top-tier Australian law firms and in-house roles at major global companies, including Boeing and Facebook. That means we understand both the legal and commercial realities of the transactions and agreements our clients navigate - and we give advice that reflects both.

 

Our advice is measured, commercially aware and tailored to the significance of the matter. 

Speak with our commercial team 

Whether you need stronger contracts, better procurement terms, support on project or funding agreements, technology documentation or practical advice on commercial risk, Gibson MacNeill Lawyers provides commercial legal advice that is clear, responsive and commercially focused.

 

Get in touch today for a no-pressure call to find out how we can support your business. 

Frequently asked questions for a
Commercial Lawyer.

  • It’s best to engage a commercial lawyer early when entering into contracts, structuring transactions or managing risk in business operations. Early advice helps ensure agreements are clear, enforceable and aligned with your commercial objectives, reducing the likelihood of disputes later. 

  • A commercial lawyer in Australia advises on contracts, procurement, projects, technology agreements, intellectual property and day-to-day business arrangements. The focus is on ensuring legal documentation reflects how the business actually operates while managing risk in a practical and commercially sensible way. 

  • Yes. Even well-drafted templates can contain provisions that shift risk in ways that are not immediately obvious. A commercial lawyer can identify key risks, negotiate appropriate changes and ensure the contract supports the intended commercial outcome. This is especially important where liability, intellectual property, or long-term obligations are involved. 

  • A commercial lawyer can provide ongoing support across supplier agreements, customer contracts, procurement arrangements and project documentation. This ensures your business is contracting from a strong position while maintaining flexibility in day-to-day operations. Many of our clients treat us as their standing external legal resource - available when they need counsel. 

  • Yes. We assist with individual contract drafting and negotiation, as well as acting as an ongoing adviser to businesses that require responsive support across multiple commercial matters as they arise. This flexibility makes us well suited to founders, growth companies and established operators alike. 

  • Commercial arrangements often intersect with workplace matters, particularly in areas such as contractor engagement, service agreements and workforce structuring. Where required, we work closely with our employment law team to ensure both commercial and employment risks are aligned and properly managed. 

Speak with our commercial team.

Whether you need stronger contracts, better procurement terms, support on project or funding agreements, technology documentation or practical advice on commercial risk, Gibson MacNeill Lawyers provides commercial legal advice that is clear, responsive and commercially focused.

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Special Counsel

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Senior Associate

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Associate

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Associate

valued and trusted by our clients.

“Exceptional Legal Support for Our Gym Purchase!

We recently worked with Gibson MacNeill Lawyers to finalize the purchase of our new gym business, and we couldn’t be more impressed with the level of service and expertise they provided from start to finish.
From the initial consultation to the final signatures, the entire team was responsive, thorough, and truly had our best interests at heart. They guided us through every step of the process—reviewing contracts, negotiating terms, handling due diligence, and ensuring all legal aspects were in perfect order. Their attention to detail gave us total confidence throughout what could have been a very stressful process.


What really stood out was their genuine commitment to our success. They didn’t just treat us like clients—they treated us like partners. It’s clear they understand the unique challenges of buying a business, especially in the fitness industry, and their strategic advice was invaluable.


We’re now proud gym owners, and we know we couldn’t have done it without their expert guidance. If you’re buying a business and want a legal team that’s professional, knowledgeable, and truly cares, look no further than Gibson MacNeill Lawyers. Highly recommended!” 

Adam Stevens

★★★★★

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“We have been using the services of Gibson MacNeill Lawyers for the past 12 months and they have not only made the process of selling and settling businesses easier, they have also been extremely proactive and commercial, and have managed to hold together multiple sales that would have fallen over.

We have been so impressed that our NSW, ACT and VIC state offices have been pushing their services.  Highly recommended.” – Julian Mero (GSE Brokers – this is a valuable review)

“Thanks to Scott and Tameah for handling a very tricky business transfer. Unfortunately, nothing is ever straightforward with these transactions! Scott handled my business sale very efficiently and I highly recommend their services.” 

Sean Santoro
 

★★★★★

Smiling Professional Woman

"I had just recently purchased a business with my Business partner, The team at Gibson MacNeill were amazing throughout the whole process. The team made it extremely easy for us through the entire purchase process. We will continue to utilise Gibson MacNeill where required. Could not recommend more highly, they are a fantastic Team.”

Kirk Chant

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