Commercial Contracting

Commercial contracting is a highly specialised area of legal practice. While many law firms claim expertise in this space, commercial contracts are often treated as a secondary focus, addressed in between larger M&A transactions. Commercial contracting is a core area of focus for us. Our dedicated team work exclusively on advising clients across the full spectrum of commercial agreements.

Our lawyers regularly assist businesses with everything from standard trading terms to high-value supply contracts. We understand the commercial pressures and legal risks that businesses face in today’s increasingly regulated environment. Our approach combines deep legal expertise with practical, streamlined contracting processes that protect our clients’ interests and support their strategic goals.

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Regulatory risk

The regulatory landscape governing commercial contracts continues to shift, with significant implications for businesses operating in Australia. Developments such as the expansion of Unfair Contract Terms (UCT) laws, enhanced consumer protection regimes, anti-money laundering obligations, and anti-corruption and bribery legislation demand a proactive and well-informed approach to contract management. In response to these changes, we have worked closely with clients to update their documents and contracting processes to minimise exposure to regulatory risk and have also supported industry groups by preparing guidance materials on key regulatory matters for their members.

As part of our commitment to thought leadership in this space, we publish regular insights and deliver education programs on key contracting issues. These include our UCT 101 and 102 series and our Advanced Contract Essentials workshops, held in Sydney, Melbourne, and Brisbane. These sessions offer practical and in-depth guidance on indemnities, consequential loss, exclusion of liability, and the intersection of these provisions with the Proportionate Liability regime, the Australian Consumer Law, and the Competition and Consumer Act.

Commercial Contracting

Our experience

  • The South Australian Government Advising on the $427 million sale of the right to operate SA Lotteries to the Tatts Group, including the drafting and negotiation of long term licensing and operating agreements.
  • Santos Limited Drafting and negotiation of a long term construction and maintenance contract valued at approximately $500 million and an associated design services panel arrangement valued at approximately $45 million.
  • John Holland and Veolia Advising on contractual, environmental and other obligations arising out of the construction and operation of the Sydney Desalination Plant.
  • Motor Trades Association of Australia (MTAA) Assisting MTAA with the preparation of industry guide – Unfair Contract Terms in the Automotive Industry – Everything you need to know.
  • ASX listed entities, large private companies, and government Advising on their document reviews, compliance and obligations in relation to the Unfair Contract Terms regime.
  • Medical technology, medical research and pharmaceutical companies Advising on their distribution agreements and Master Services Agreements.
  • Major Australian retailers Advising on various warehousing and logistics agreements and road haulage procurement agreements.