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Commercial law

Commercial law for Gold Coast and Queensland businesses.

Contracts, structures, shareholder arrangements and disputes. Plain-English advice and a written framework before any work begins.

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What is Fraser Lawyers' commercial practice?

Fraser Lawyers' commercial practice acts for Gold Coast and Queensland businesses on contracts, business structures, shareholder and partnership arrangements, and commercial disputes. Work runs from drafting and reviewing standard agreements, through company and trust structuring, to representation in negotiation, mediation and litigation in the Queensland courts. The principal is Blake Fraser, admitted as a solicitor of the Supreme Court of Queensland in 2013, and every engagement begins with a written costs framework and plain-English advice before any work is done.

Scope of work

Four streams of commercial work.

Day-to-day commercial work breaks into four streams. Most engagements touch more than one of them; the order below is roughly how often the work comes up.

01

Business contracts

Drafting, reviewing and negotiating the agreements that run a business: supply, distribution, services, licencing, employment, terms and conditions, and confidentiality. Where a counterparty's standard contract is on the table, we mark it up against your interests rather than rubber-stamp it.

  • Drafting
  • Review
  • Negotiation
  • Markup
02

Business structures

Setting up the right structure for what the business actually does: sole trader, partnership, proprietary limited company, discretionary or unit trust, or a combination. Restructure work where the existing setup no longer fits, including the tax and stamp-duty considerations that follow.

  • Company
  • Partnership
  • Trust
  • Restructure
03

Shareholder & partnership agreements

Agreements that set out who owns what, how decisions are made, how disputes are resolved, and what happens when a shareholder or partner leaves. Includes drafting, reviewing existing agreements, and updating them as ownership and circumstances change.

  • Ownership
  • Decisions
  • Exit
  • Buy-sell
04

Commercial disputes

Negotiation, mediation and, where it cannot be avoided, litigation in the Queensland courts. Most commercial disputes settle before issue; we run files with that in mind. For matters subject to an arbitration clause, we conduct the dispute under the Commercial Arbitration Act 2013 (Qld).

  • Negotiation
  • Mediation
  • Arbitration
  • Litigation
Statutory framework

The Acts that regularly come up.

Commercial work in Queensland sits within a settled set of state and federal statutes. Below is the legislation we work with most often, with a short note on what each one does.

  • Corporations Act 2001 (Cth)

    The foundation statute for companies in Australia. Governs incorporation, directors' duties, member rights, financial reporting, and external administration. Most company-level questions start here.

  • Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth))

    The national consumer-protection regime. Sets the rules on misleading or deceptive conduct, unconscionable conduct, unfair contract terms, consumer guarantees and product safety. Almost every consumer-facing contract sits within it.

  • Personal Property Securities Act 2009 (Cth)

    Establishes the Personal Property Securities Register (PPSR) and the rules for taking and registering security interests in non-land collateral, from equipment leases to retention of title arrangements. Failure to register on time is one of the most common, and most expensive, mistakes in commercial work.

  • Sale of Goods Act 1896 (Qld)

    Sets the implied terms in contracts for the sale of goods in Queensland: title, description, fitness for purpose, merchantable quality. Operates alongside the Australian Consumer Law and continues to matter for business-to-business sales.

  • Civil Proceedings Act 2011 (Qld) and the Uniform Civil Procedure Rules 1999

    The procedural framework for civil litigation in the Magistrates Court, District Court and Supreme Court of Queensland. Sets out filing, service, pleadings, disclosure, applications, trial procedure and appeals.

  • Commercial Arbitration Act 2013 (Qld)

    Governs domestic commercial arbitration seated in Queensland. Where a contract has an arbitration clause, this Act dictates how the arbitration is conducted and how the award is enforced.

  • Legal Profession Act 2007 (Qld)

    Governs how solicitors in Queensland may practice, including the requirement under section 308 to provide a written costs disclosure before any work begins. We comply with it on every engagement.

How we work

From first call to delivery.

No surprise fees, no jargon, no chasing for updates. The four-step process below applies whether the work is a contract review, a structure setup, or a commercial dispute headed for hearing.

Step 01

Inquiry

You call or email a short outline of the matter. We confirm whether we can act and check for any conflict.

Step 02

Initial discussion

An appointment in person, by phone or video. We listen, ask the questions we need to, and identify the issues.

Step 03

Strategy

We set out the options, the realistic timeframe and the costs. You decide what to do; we put it in writing so it is clear.

Step 04

Action

We act. You hear from us at every step that matters, in plain English, and never have to chase for an update.

Frequently asked

Questions we hear often.

Plain-English answers to the practical questions clients tend to ask before booking an appointment. If your question is not here, call us.

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Do I need a lawyer to draft a commercial contract, or can I use a template?

Templates work for the most generic transactions. The risk with templates is that they do not reflect what the parties actually intend, and the gaps only matter once something has gone wrong. For anything more than a routine arrangement, having a lawyer draft or at least review a contract before it is signed is the lower-cost option, in the long run, by a wide margin.

What is the difference between a sole trader, partnership, company and trust?

These are different ways to structure a business, with different tax, liability and succession implications. Sole trader and partnership are simplest but expose personal assets. Companies separate personal liability and have their own tax rate. Trusts can split income but add complexity. The right structure depends on what the business does, who runs it, what risk it carries and who benefits from the income. We work through this with you in plain English before any structure is set up.

Do you act for buyers, sellers or both in a business sale?

Either, but not both in the same transaction. Acting for both sides creates a conflict of interest under the Australian Solicitors' Conduct Rules. Once we know who you are and what role you have, we run a conflict check before opening a file.

What happens if a commercial dispute cannot be resolved by negotiation?

Most commercial disputes resolve through correspondence, negotiation or mediation, well before litigation. If a matter does need to be issued, we run files in the Queensland Magistrates Court, the District Court and the Supreme Court depending on the value and complexity. Where the dispute relates to a contract that includes an arbitration clause, we conduct it under the Commercial Arbitration Act 2013 (Qld).

How long does it take to set up a company structure?

A standard proprietary limited company is registered with ASIC within a day. Drafting bespoke shareholder agreements, company constitutions and trust deeds takes longer, depending on what the parties need. We give you a written timeframe and costs estimate before any drafting begins.

What does it cost to engage Fraser Lawyers for commercial work?

We will tell you the fee for the initial consultation when you book. If we agree to act for you, we provide a written costs disclosure as required by the Legal Profession Act 2007 (Qld), setting out the estimate, the basis on which fees are calculated, and any expected disbursements before we begin work.

Talk to a commercial lawyer about your matter.

An initial call or email is the fastest way to know whether we can help and what the next step looks like. We answer the phone Monday to Friday, 8:30 to 5:00. After hours, we call back the next business day.

Visit

Visit us in Bundall.

Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.

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