Category: Commercial Law
Our commercial lawyers have extensive experience in dealing with both large and small businesses. ABKJ Lawyers advises clients on almost any issue that may arise, including Commercial Litigation, Shareholder and Partner Disputes, Leasing, Intellectual Property and more.
Below we’ve included some helpful articles discussing some of these common Commercial Law issues.
Foreign investment transactions in Australia often require approval under the FIRB regime, particularly where commercial land, agricultural assets, or Australian businesses are involved. Understanding whether approval is required, and building realistic FIRB timeframes into transaction planning, is critical to avoiding delays, penalties, or failed deals. This article provides a practical overview of how FIRB approval works for commercial transactions, including approval thresholds, common triggers, exemption certificates, transaction structuring, and the key legal and commercial risks businesses and investors should consider before entering into an agreement.
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) obligations will apply to certain legal services in Australia. The AML/CTF regime is regulated by AUSTRAC, Australia’s financial intelligence agency. These reforms are part of a broader national framework designed to prevent criminals from using professional services, property transactions, business structures and trust accounts to disguise the proceeds of crime or fund illegal activity. Lawyers have historically remained outside much of Australia’s AML/CTF regime. From July 2026, that position will change for legal services involving particular types of transactions. For clients, the most noticeable change will be that law… Continue Reading
Queensland has introduced a significant reform to its trust laws with the Trusts Act 2025 (Qld) (the Act), which will replace the long-standing Trusts Act 1973 (Qld). The Act has received Royal Assent, with the Attorney-General indicating an intended commencement of 28 April 2026, subject to proclamation. The new Act modernises and simplifies the legal framework governing trusts, introduces clearer rules for trustees, and strengthens protections for beneficiaries. For individuals and businesses operating through trust structures, it is important to understand how these changes may affect existing arrangements. Key Takeaways The new Act replaces legislation that has been in place… Continue Reading
For many businesses, the premises they operate from are an important part of the business itself. A shop, office, warehouse or commercial suite may provide the base from which the business serves customers, stores stock, manages staff, or builds goodwill in a particular location. Where a business operates from leased premises, the ability to remain in that location can be important for stability and continuity. A lease renewal may allow the tenant to continue occupying the premises after the initial term ends, but renewal rights are often subject to strict conditions and timeframes. Understanding how lease renewal works is important… Continue Reading
New Fair Work reforms make wage underpayment a criminal offence and tighten rules on contractors and casuals. ABKJ Lawyers outlines what employers need to review to stay compliant.
Important Takeaways The structure you choose is the legal foundation of your business, fundamentally impacting your personal liability, tax rate, administrative costs, and potential for growth. Choosing the wrong structure early on can lead to costly and complicated restructuring, unexpected tax bills, and personal financial risk. The most significant factor for many Gold Coast businesses is personal liability: understanding whether your home and savings are protected if the business incurs debt or faces a lawsuit. Always seek combined legal and accounting advice to match your business structure to both your commercial goals and your long-term wealth protection strategy. Why Business… Continue Reading
If you’re buying or selling a business, it’s important to be aware of image copyright infringement risks. This article highlights the legal issues that can arise when businesses use online images without proper licences – something that can easily go unnoticed during a sale. Buyers may inherit liability for past copyright breaches, while sellers could face legal claims that affect the transaction. The article outlines why intellectual property should form part of the due diligence process and offers practical guidance to help both parties minimise risk and avoid unexpected legal complications after settlement.
What Buyers and Sellers Now Need to Know Buyers and Sellers of most freehold property in Queensland now need to be aware of the shift in the ‘buyer beware’ contracting position to a mandatory Seller disclosure regime to be introduced under the new Property Law Act 2023 (Qld) (the New Act). This New Act will affect registered residential and commercial freehold properties and will commence on 1 August 2025. Whilst freehold property is affected by the New Act, it will not affect off-the-plan contracts for the sale of unregistered freehold residential and commercial properties. Those off-the-plan sales will continue to… Continue Reading
The option agreement is entered into between the seller of the property (usually known as the grantor) and the buyer of the property (usually known as the grantee). The grantee has a call option which would compel the grantor to sell the property at an agreed price if the call option is exercised. If the call option is not exercised, then the grantor has a put option which would compel the grantee to buy the property at the agreed price.
ASIC has launched a new requirement for company directors to verify their identity in the form of a director identification number. The unique identifier number will be 15 digits, beginning with 036 (the 3-digit country code for Australia under International Standard ISO 3166). Directors will need to apply for their own director ID, but they will apply once and keep the same ID forever. Even if you were to change companies or your name, stop being a director or move overseas or interstate, you will retain the same director ID. All directors of a company, registered Australian body, registered foreign… Continue Reading
