Baystone Legal · Our offices
Commercial lawyers in Brisbane
Commercial legal advice from our Brisbane office.
Commercial law · Brisbane
Baystone Legal’s Brisbane office advises Queensland business owners, lenders, property investors, landlords and tenants on commercial transactions, property, leasing, finance and disputes. Our lawyers work with clients before a contract is signed, a business changes hands, a facility is advanced or a dispute moves into a formal process.
The work described here is available subject to conflict checks, agreed scope and a formal engagement. Queensland law can differ from the rules in other states, particularly for property transactions and retail leasing. We consider the applicable documents and circumstances rather than relying on a generic national checklist.
01 / Brisbane
Commercial contracts for Queensland businesses
Business relationships depend on clear terms for price, delivery, quality, payment, confidentiality and responsibility if something goes wrong. We review, prepare and negotiate supply, services, distribution, technology and collaboration agreements, as well as terms of trade and shareholder arrangements. A useful contract should reflect how the parties will actually perform, who has authority to approve changes and what the process is when performance is delayed or disputed.
Commercial law02 / Brisbane
Business sales and acquisitions
Buying or selling a business involves deciding what is transferred and which obligations continue. A share sale leaves the company as the owner of its assets and party to its contracts, while an asset sale requires the parties to specify what moves and may need individual assignments, novations or consents. Employees, premises, finance, intellectual property and customer arrangements should be considered early, not left until settlement is close.
We assist with preliminary terms, legal due diligence, sale agreements, conditions, negotiation and completion. For a Brisbane transaction, check whether key contracts or premises documents require consent and allow realistic time to obtain it. The buyer’s valuation, tax treatment and funding position should be addressed with accountants, finance providers and other advisers. We can coordinate the legal process, but cannot promise that a sale will complete or that a particular price is appropriate.
Corporate M&A and business sales03 / Brisbane
Commercial and retail leasing: landlord and tenant advice
We act for both landlords and tenants on office, industrial and retail leasing, with each matter assessed for conflicts before engagement. For a landlord, the lease should clearly set out rent, outgoings, permitted use, security, repairs, insurance, assignment and the consequences of a tenant default. For a tenant, the review should test the total occupancy cost, access, fit-out commitments, options, make-good and whether the permitted use matches the intended business.
Queensland’s Retail Shop Leases Act 1994 may apply to a retail shop lease, but statutory coverage and exclusions need checking for the particular premises and tenant. Disclosure obligations and treatment of outgoings can be important. The lease may sit alongside an agreement for lease, incentive deed, guarantee or fit-out document; ensure the documents are consistent before works begin or occupation starts. Heads of agreement can create commitments depending on wording, so review them before signature.
Property and leasing04 / Brisbane
Property purchase, sale and development
Commercial property transactions require the contract, title, existing occupation, intended use, conditions and settlement mechanics to be reviewed together. For an investment property, inspect the actual lease documents and variations rather than relying solely on an agent’s summary. The due diligence plan may also require searches, lender consent, releases, title dealings and coordination with a surveyor, planner, building consultant or environmental adviser.
Real estate practice05 / Brisbane
Banking, private lending and property finance
We advise lenders, funds, borrowers and guarantors on finance documents, subject to conflicts and a clear statement of which party the firm represents. A facility can involve a loan agreement, conditions precedent, guarantees, land mortgage, personal property security and priority arrangements. The documents should match the credit decision, identify the assets and entities involved and explain what must happen before funds are advanced.
Banking & Finance06 / Brisbane
Corporate transactions, investment and governance
A company investment or ownership transition needs a plan for more than the initial payment. Shareholder and joint venture documents can deal with decision rights, additional funding, reporting, transfers, deadlock and exit. In an acquisition, due diligence should identify change-of-control clauses, existing security, disputes and obligations that may affect completion or the future operation of the business.
Corporate M&A07 / Brisbane
Commercial disputes and recovery
A dispute may involve unpaid invoices, a contract failure, shareholder disagreement, a lease issue or a contested loan. Begin by preserving the relevant contract, amendments, emails, invoices, notices and a dated chronology. Check any response deadline and do not assume that a negotiation pauses a contractual or statutory time limit. The available options depend on the evidence, agreement, urgency and remedy sought.
We advise on negotiation, mediation, arbitration and court processes, including contractually required escalation steps. A staged approach can help compare the likely legal outcomes with cost, time, management attention and business relationships. For urgent risks, including threatened asset movement or an approaching hearing, explain the timing at first contact. Court orders and recovery outcomes are never assured; advice must be based on the complete facts.
Dispute resolution08 / Brisbane
Engaging our Brisbane team
For a first conversation, outline your role, the matter, other parties, important dates and desired result. Send the central documents and identify related entities and counterparties for conflict checks.
If the firm can assist, we will agree scope, timing and fees before formal work starts. Our Brisbane office is Level 17, 144 Edward Street, Brisbane QLD 4000. Enquire online or call the office.
View the profiles of Jay Kim, Ashley Kim and Roy Kim, or meet the wider team. For a childcare business purchase, read our childcare acquisition due diligence insight.
Talk with our team
Start with the decision in front of you.
Common questions
Frequently asked questions
What should I send when asking about legal fees?
Share the transaction type, key documents, parties and deadlines. The firm can then discuss a suitable scope and fees before formal work begins.
What rules apply to retail leases in Queensland?
The Retail Shop Leases Act 1994 (Qld) may apply to a lease that meets the statutory definition, subject to exclusions and other requirements. Coverage, disclosure obligations and timing should be checked against the premises, tenant and transaction. The parties should not assume that every shop lease is covered or that another state’s rules apply.
Can a landlord recover all building outgoings from a Queensland tenant?
That depends on the lease and whether the Retail Shop Leases Act applies. A retail shop lease can have statutory disclosure and recovery requirements, and some outgoings may be treated differently. Review the lease, disclosure statement, budget and supporting records before agreeing to or disputing a charge.
How is a Queensland land mortgage registered?
A land mortgage is dealt with through Queensland’s land titles system, with execution, lodgement and priority requirements depending on the instrument and title. Personal property security uses a different regime and may involve the PPSR. The documents and registrations should be checked for the particular asset and lending structure.
When should a business sale contract be reviewed?
Before signing heads of agreement or a sale contract, because those documents may create binding commitments, exclusivity or deadlines. Review the proposed share or asset structure, included liabilities, lease and consent requirements, conditions and completion timetable. Financial, tax and valuation advice should be coordinated with the legal review.
The information on this page is general only, is not legal advice and should not be relied on for a particular matter. Legal advice requires consideration of your circumstances and documents. No solicitor-client relationship arises unless Baystone Legal confirms an engagement.