Baystone Legal · Our offices
Commercial lawyers in Sydney
Commercial legal advice from our Sydney office.
Commercial law · Sydney
Baystone Legal’s Sydney office advises businesses, property owners, tenants, lenders and investors on commercial matters that need clear decisions and carefully managed documents. We assist from early contract review through to completion, ongoing commercial arrangements and dispute resolution, with the work shaped around the client’s transaction and objectives.
A Sydney matter may involve New South Wales legislation, a national counterparty or assets in more than one state. The governing law, location of property, party structure and terms of the agreement all matter. We confirm the relevant scope and jurisdiction rather than assuming that a document or process used elsewhere will apply.
01 / Sydney
Commercial contracts and business relationships
A well-considered commercial agreement records what each party will do, when payment is due, who owns work product and how the relationship can change or end. We advise on supply, services, distribution, licensing, technology and collaboration contracts, as well as standard terms and governance documents. The practical context matters: a customer-facing service contract may need different protections from a one-off supply arrangement or a long-term strategic relationship.
Commercial law02 / Sydney
Business sales, acquisitions and investment
A Sydney business sale may involve a share transfer, asset transfer, merger or new investment. Each structure has different consequences for existing liabilities, contracts, employees, licences, premises and consents. The buyer should understand what it is acquiring and what must be transferred separately; the seller should know which obligations, warranties and transition tasks continue after completion.
We assist with heads of agreement, due diligence, transaction documents, negotiation, conditions precedent and completion planning. Legal due diligence can examine corporate records, material contracts, finance, disputes, intellectual property, employment and property interests. Valuation, tax, funding and accounting review should be coordinated with the relevant advisers. Avoid committing to exclusivity or a timetable before understanding the binding terms and the steps needed for completion.
Corporate M&A and business sales03 / Sydney
Leasing advice for landlords and tenants
We advise landlords and tenants on office, retail and industrial leasing, subject to conflict checks. A landlord’s focus may include reliable payment, permitted use, repair obligations, tenant security and the ability to manage a future assignment. A tenant may focus on options, rent reviews, outgoings, access, fit-out, services, trading conditions and the cost of making good at the end of the term.
The Retail Leases Act 1994 (NSW) may apply to a lease within its statutory scope, subject to exclusions. Disclosure, timing and outgoings should be checked against the current framework and facts. The lease can be supported by an incentive deed, agreement for lease, guarantee or fit-out arrangements, and these should not contradict one another. Review heads of agreement before signature: a document’s legal effect turns on its terms and circumstances, not its heading.
Commercial property and leasing04 / Sydney
Property acquisitions, sales and projects
Property purchase and sale work connects title, contract conditions, existing leases, finance, consents and the intended use. For a leased asset, review the signed leases, variations, options, incentives, guarantees and notices. A rent roll or property listing is not a replacement for the underlying documents. Due diligence may also need title searches and input from planning, building, engineering, valuation or environmental advisers.
Real estate practice05 / Sydney
Banking, private credit and lending documents
Our finance work includes advice to lenders, funds, borrowers and guarantors, with the client role confirmed before engagement. A loan transaction can require a facility agreement, guarantees, security documents, corporate approvals, conditions precedent and priority arrangements. The documents should reflect the agreed repayment structure, covenants, assets and consequences of default, while identifying the steps required before funds can be drawn.
Banking & Finance06 / Sydney
Corporate M&A and shareholder arrangements
An acquisition, capital raise or ownership transition affects control as well as value. Sale or subscription documents should state how price is paid, what conditions apply, what the parties warrant and how disputes over adjustment or earn-out calculations will be resolved. Due diligence should identify contracts, financing, ownership and disputes that might affect the transaction or the business after it closes.
Shareholder and joint venture arrangements can set decision thresholds, information rights, further funding obligations, transfers, deadlock and exit procedures. These documents need to work with the company constitution and any lender or investor requirements. We help companies and owners document the arrangement and coordinate the legal steps, while financial modelling and tax structuring remain with the appropriate advisers.
Corporate M&A07 / Sydney
Commercial disputes and litigation strategy
When a dispute arises, preserve the relevant agreement, amendments, correspondence, payment records and decision history. Identify deadlines, any formal notices and whether the contract requires negotiation or mediation before proceedings. A clear chronology helps distinguish what is known from what needs evidence. Do not assume that a demand, settlement discussion or informal extension changes a limitation period or procedural deadline.
We advise on negotiation, mediation, arbitration and litigation for commercial and shareholder disputes. The appropriate strategy depends on the evidence, urgency, available remedies, costs and effect on the business. A proportionate plan should include decision points and consider settlement on its actual terms, not only the claim amount. Court relief, timing and recovery cannot be guaranteed; early advice should be based on the documents and full circumstances.
Dispute resolution08 / Sydney
Starting a conversation with our Sydney office
Tell us your role, the problem, the other parties, any deadline and your desired outcome. Include a concise chronology, central document and related entities for conflict checks.
If the firm can assist, we will agree scope, timing and fees before work begins. Our Sydney office is Level 22, 25 Bligh Street, Sydney NSW 2000. Enquire online or call us.
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
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Common questions
Frequently asked questions
Which rules govern a retail lease in New South Wales?
The Retail Leases Act 1994 (NSW) may apply where the lease falls within its scope and is not excluded. Coverage, disclosure, outgoings and other protections depend on the statutory definitions and circumstances. Check the current legislation and the actual premises rather than relying on a general label such as “retail”.
Is a disclosure statement required for a NSW retail lease?
The NSW retail leasing framework includes disclosure requirements for covered leases, with rules about information and timing. The parties should check whether the Act applies, what documents are required and when they must be provided. A lease or heads of agreement should not be treated as a substitute for the applicable statutory steps.
Can a commercial tenant assign a lease in NSW?
Assignment depends on the lease, applicable legislation and transaction. Landlord consent and particular information or disclosure steps may be required. A sale of shares can trigger a separate change-of-control clause. Review the terms and statutory position before promising a buyer that a lease can be transferred.
How are fees agreed for a Sydney business matter?
The firm first checks conflicts, capacity and the work required, then discusses scope and the basis for fees. Formal work starts after the terms of engagement have been agreed and confirmed.
What should I check about the premises when buying a NSW business?
Review the signed lease, variations, remaining term, options, permitted use, guarantees and outgoings. Check whether landlord consent, assignment or change-of-control steps are required. Coordinate this review with the sale contract and funding timetable; an agent’s summary does not replace the underlying documents.
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.