A commercial lawyer handles the legal side of running a business. They draft and review contracts, set up the right business structure, keep the business compliant with Australian law, and step in when a deal or relationship goes wrong.
So what does a commercial lawyer do day to day? Mostly, they read, write and negotiate documents that decide who pays, who is liable and what happens if something breaks. Very little of the job happens in a courtroom.
This guide is written for business owners, not law students. It covers the work a commercial lawyer does, how the role differs from a corporate lawyer, the moments when you need one, and what it costs in Australia. Where it helps, we have included I Global Lawyers’ own fixed fees so you can see real numbers.
What is a commercial lawyer?
A commercial lawyer is a solicitor who advises businesses on the laws that govern how they trade. Their work covers contracts, business structures, leases, sales and purchases of businesses, regulatory compliance and commercial disputes.
“Commercial lawyer”, “business lawyer” and “commercial solicitor” describe the same job. In Australia every commercial lawyer is a solicitor, but most solicitors practise in other areas such as family, criminal or property law.
Commercial law is not a single Act. A commercial lawyer works across several bodies of law at once:
- Contract law, which decides whether an agreement is binding and what happens when it is breached.
- The Australian Consumer Law, which sets rules on misleading conduct, consumer guarantees and unfair contract terms, and is enforced by the ACCC.
- The Corporations Act 2001, which governs companies, directors and shareholders, and is administered by ASIC.
- The Personal Property Securities Act 2009, which governs security interests registered on the PPSR.
- State and territory leasing laws, which regulate retail and commercial leases.
The skill is in knowing which of these applies to the document in front of you. A supply agreement can raise contract, consumer law and PPSR questions on a single page
What does a commercial lawyer do for a business?
A commercial lawyer does six kinds of work: setting up the business, writing its contracts, negotiating its leases, handling a sale or purchase, keeping it compliant, and resolving disputes. The table shows what each looks like in practice, with our current fixed fee where we publish one.
|
Area of work |
What the lawyer actually does |
I Global Lawyers fixed fee |
| Business structuring | Advises whether to trade as a sole trader, partnership, company or trust, and what each means for liability and tax | Structuring advice (Australia): $325 |
| Company and trust setup | Registers the company with ASIC, prepares the trust deed, sets up ABN, TFN and GST registrations | Company registration incl. ASIC fees: $950. Trust deed: $550 |
| Owner agreements | Drafts shareholder, partnership and joint venture agreements that set out who owns what and how an owner exits | Shareholder agreement: $1,140. Partnership or JV agreement: $650 |
| Everyday contracts | Drafts and reviews NDAs, supply terms, service agreements, employment contracts and website terms | NDA: $250. Employment contracts: $650 |
| Commercial leases | Reviews the lease before you sign, flags rent review, make-good and guarantee clauses, negotiates changes | Commercial lease advice (tenant): $570. Retail shop lease: $700 |
| Buying or selling a business | Runs due diligence, reviews the sale contract, handles lease assignment and licences | Purchase of business incl. due diligence: $1,050 |
| Finance and security | Prepares loan agreements, guarantees and security deeds, registers interests on the PPSR | Loan agreement: $1,050. Security deed and PPSR: $650 |
| Disputes and debt | Sends letters of demand, negotiates settlements, and escalates to litigation if needed | Letter of demand and settlement negotiation: $550 |
Fees are from our fees page. Complex or unusual matters are quoted individually.
Contract drafting and review
Contracts are the largest share of the work. A commercial lawyer checks four things in any agreement: what each side must do, what happens if they do not, how either side can leave, and who carries the loss when something goes wrong.
The last point matters more than most owners expect. A limitation of liability clause can cap your supplier’s exposure at the price of one order, even if their mistake costs you a major customer.
Standard form contracts carry an added risk. Since 9 November 2023, proposing or relying on an unfair term in a standard form contract with a consumer or small business is unlawful under the Australian Consumer Law. For companies, the maximum penalty is the greater of $50 million, three times the benefit gained, or 30% of turnover during the breach period. If you reuse a template with every customer, it is worth having it checked.
Business structure and setup
The structure you choose decides who is personally liable for business debts. A commercial lawyer explains the trade-offs before you register anything.
A company is a separate legal entity, which protects personal assets in most situations. It also brings director duties. ASIC is clear that using an adviser does not remove a director’s responsibilities, and every director needs a director ID before being appointed.
Disputes and debt recovery
Most commercial disputes end in a negotiated settlement, not a judgment. A commercial lawyer’s first move is usually a letter of demand that sets out the breach, the amount owed and a deadline.
If that fails, the matter moves to mediation or court. Our debt recovery team handles the next stage when a business simply needs to be paid.
Commercial lawyer vs corporate lawyer: what is the difference?
A corporate lawyer deals with the company itself: how it is formed, owned, governed and sold. A commercial lawyer deals with how the business trades: its contracts, customers, suppliers, premises and disputes.
| Type | Commercial lawyer | Corporate lawyer |
| Focus | External dealings and day-to-day trading | Internal structure, ownership and governance |
| Typical clients | Sole traders, partnerships, companies of any size | Companies and their directors and shareholders |
| Typical documents | Supply agreements, service terms, leases, NDAs, employment contracts | Constitutions, shareholder agreements, share sale agreements, board resolutions |
| Main legislation | Contract law, Australian Consumer Law, PPSA, leasing laws | Corporations Act 2001 |
| Example task | Negotiating a distribution agreement with a new supplier | Issuing shares to a new investor |
In practice the two overlap. Selling a business involves a share or asset sale (corporate) and the assignment of leases and key contracts (commercial). A small business rarely needs two separate lawyers for this.
That is why many firms, including ours, offer both under one roof. A commercial lawyer at I Global Lawyers handles company registration and shareholder agreements alongside the contracts you trade on.
When do you need a commercial lawyer?
You need a commercial lawyer before any decision that is expensive or impossible to undo. For most startups and small businesses, that comes down to seven moments.
- Starting the business. The structure you pick sets your personal liability and is costly to change later.
- Going into business with someone else. A shareholder or partnership agreement is cheap when everyone agrees and very hard to write once they do not.
- Signing a commercial or retail lease. Leases often run for years and can include personal guarantees and make-good obligations.
- Signing a contract someone else wrote. The other side’s template protects the other side.
- Hiring your first employee or contractor. The agreement should cover confidentiality, intellectual property and how the engagement ends.
- Buying or selling a business. Due diligence finds the problems before they become yours.
- Receiving or sending a letter of demand. How you respond in the first week often shapes the outcome.
When you probably do not need one
You can handle some tasks yourself. Applying for an ABN, registering a business name and opening a business bank account do not need a lawyer.
A rough test: if the document is one page, low in value and easy to walk away from, read it carefully and sign. If it runs for years, involves a guarantee, or would hurt to lose, get it reviewed first.
How much does a commercial lawyer cost in Australia?
Commercial lawyers charge in one of two ways: by the hour or by a fixed fee per task. Published Australian estimates put commercial lawyer hourly rates at roughly $330 to $1,000, depending on the lawyer’s seniority and the firm’s size.
Hourly billing makes the final cost hard to predict. A contract review quoted at “two to four hours” can vary by more than $1,000 between the low and high end.
Fixed fees remove that uncertainty. You know the price before work starts, and a phone call to ask a question does not add to the bill. This is how I Global Lawyers prices most commercial work:
|
Task |
I Global Lawyers fixed fee |
| Non-disclosure agreement | $250 |
| Business structuring advice | $325 |
| Complete business start-up package | $550 |
| Commercial lease advice (tenant) | $570 |
| Partnership or joint venture agreement | $650 |
| Company registration, including ASIC fees | $950 |
| Purchase of a business, including due diligence | $1,050 |
| Shareholder agreement | $1,140 |
For businesses that need regular answers but not regular drafting, our on-demand legal advice plan gives access to a lawyer for $50 per user per month. It excludes drafting and complex reviews.
Three things push a commercial lawyer’s fee up, whatever the billing model: how much is at stake, how many parties are involved, and how far the other side’s draft is from something you can sign.
How I Global Lawyers works with businesses
I Global Lawyers is a full-service online law firm with offices in Brisbane, Melbourne and Canberra. Four things set our commercial practice apart from a traditional firm.
- Fixed fees, published. Our prices are on the website before you call. You do not need a quote to find out what an NDA costs.
- Available 24/7. We run a 24-hour operating model, so an urgent contract or a deadline on a Friday night still gets attention.
- Online from start to finish. Our platform lets you upload documents securely, message your lawyer and see real-time updates on your matter.
- Cross-border reach. Our team speaks more than 15 languages between them, and we work with offices and collaborators in Hong Kong, Singapore, Dubai and Lahore. That matters if you import, export or plan an offshore company.
Our clients include startups, SMEs and property developers. One lighting business came to us to put contracts in place with all of its subcontractors. That is typical commercial work: unglamorous, and the reason projects get paid for on time.
Have a contract on your desk right now? Get it checked before you sign.
One missed clause can cost more than a lawyer ever would. Send your contract, lease or business purchase to I Global Lawyers today and you get:
- A fixed fee, quoted upfront. NDAs from $250, lease advice from $570, shareholder agreements from $1,140.
- A lawyer who replies fast. We are available 24/7, including for urgent deadlines.
- No travel and no paperwork. Upload your documents online and track your matter in real time.
- A free first consultation. Find out what your document needs before you spend anything.
Book your free consultation now or call 02 6243 3671.
Frequently asked questions
Do commercial lawyers go to court?
Rarely. Most commercial lawyers do transactional work: drafting, reviewing and negotiating. When a dispute cannot be settled, the matter goes to a litigation lawyer, who may brief a barrister for the hearing. Some firms, including I Global Lawyers, have both teams.
Is a commercial lawyer the same as a solicitor?
A commercial lawyer is a solicitor who focuses on business law. “Solicitor” is the qualification. “Commercial” describes the area of practice.
Can I use a contract template instead of a commercial lawyer?
You can for low-risk agreements. A template will not reflect your industry, your bargaining position or recent law changes such as the 2023 unfair contract terms penalties. A common middle path is to have a lawyer adapt a template once, then reuse it.
Do I need a commercial lawyer to register a company?
No. You can register a company with ASIC yourself. A lawyer adds value on the decisions around registration: whether a company is the right structure, how shares are split, and what the shareholder agreement says.
What should I bring to a first meeting with a commercial lawyer?
Bring the document in question, any emails that record what was agreed, your ABN or ACN, and the date by which you must sign or respond. The deadline is the detail people most often leave out.
Can a commercial lawyer in one state help a business in another?
Yes, for most commercial work. Contract law, the Australian Consumer Law and the Corporations Act apply nationally. Leasing is the main exception, since retail lease rules differ between Queensland, Victoria, the ACT and other jurisdictions.
