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Commercial Lawyers Brisbane

Contracts, business sales, leases and disputes for Queensland businesses. We act for owner-operators and small-to-medium enterprises — the businesses that need a straight answer rather than a research memo.

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In short

A commercial lawyer handles the legal side of running a business: the agreements you sign, the premises you occupy, the money you are owed, and the disputes that follow when something goes wrong. Terra Australis Legal does both halves — drafting and negotiating the documents, and running the litigation when a document fails.

Common questions

Straight answers to what we are asked most.

We have no shareholder agreement. Does it matter?

It matters a great deal once the relationship between owners deteriorates. Without one there is no agreed mechanism for an owner to exit, be bought out or be removed, and no agreed method of valuing their interest. The gap is invisible while everyone agrees and expensive once they do not.

Do the unfair contract term rules apply to my business?

If you issue the same terms to every customer on a take-it-or-leave-it basis, that is a standard form contract whatever it is called. Since 9 November 2023, proposing or relying on an unfair term in one is prohibited rather than merely unenforceable, and civil penalties apply. The reform also broadened what counts as a small business contract.

Is a retention of title clause enough to protect me?

Usually only half the job. If you supply goods on credit, the security interest generally needs registering on the Personal Property Securities Register to be effective against a liquidator. Unregistered security is the most common expensive omission we see.

Should I sue for an unpaid debt?

Only after assessing whether you could collect. A judgment is a declaration that you are owed money; enforcing it is a separate exercise with its own cost, and against a debtor with no recoverable assets a judgment can be worth very little. Recoverability is the first question, not the last.

Most commercial problems are cheapest to fix before they exist.

The pattern is consistent. A business grows past the paperwork it started with — a handshake, a template downloaded years ago, a supplier arrangement nobody wrote down. Nothing goes wrong for a long time. Then a customer stops paying, a co-owner wants out, or a landlord serves a notice, and the question becomes what the parties actually agreed. That question is answered by documents, and by then the documents are fixed.

We would rather spend two hours on your terms of trade than twenty on recovering a debt those terms would have secured. Where a dispute has already started, we tell you early what it is realistically worth, what it will cost to run, and whether the commercial answer is to settle it.

Matters we act in
Supply and services agreements
Terms of trade and credit applications
Shareholder and unitholder agreements
Partnership and joint venture terms
Buying and selling a business
Company and trust structuring
Commercial and retail leases
Lease assignments and rent disputes
Debt recovery and statutory demands
Contract and warranty disputes
Shareholder and director disputes
Insolvency and enforcement

Which court hears a commercial dispute in Queensland

The amount in dispute usually decides the forum, and the forum drives the cost. This is the first thing worth knowing, because a claim that sits just above a threshold can be worth restructuring or discounting to stay in a cheaper court.

ForumAmount in dispute
QCAT minor civil disputeUp to $25,000
Magistrates CourtUp to $150,000
District Court$150,000 to $750,000
Supreme Court of QueenslandAbove $750,000

Thresholds and filing fees change. Confirm the current position at courts.qld.gov.au before relying on these figures. Sources 1–3.

Two Queensland changes worth knowing about

Seller disclosure on property sales — in force since 1 August 2025

The Property Law Act 2023 (Qld) commenced on 1 August 2025 and introduced a mandatory seller disclosure scheme covering residential and commercial property and vacant land. A seller must give the buyer a disclosure statement in the approved form, with the prescribed certificates, before the buyer signs. If the seller does not comply, the buyer may be able to terminate. Sources 4–5.

Retail shop leases are regulated separately

If your premises fall within the Retail Shop Leases Act 1994 (Qld), the landlord owes you disclosure obligations and some lease terms are overridden by statute — protections you cannot contract out of, and which many tenants never learn they had. Whether the Act applies is a question about the premises, not the wording of the lease. Source 6.

Sources
Reviewed 25 August 2026
1Queensland Courts — Money disputes $150,000 to $750,000. courts.qld.gov.au
2District Court of Queensland Act 1967, s 68 (monetary limit). legislation.qld.gov.au (PDF)
3Queensland Civil and Administrative Tribunal — minor civil disputes. qcat.qld.gov.au
4Queensland Government — Seller disclosure scheme (commenced 1 August 2025). qld.gov.au
5Property Law Act 2023 (Qld). legislation.qld.gov.au
6Retail Shop Leases Act 1994 (Qld). legislation.qld.gov.au