Commercial Lawyers in Melbourne
Commercial advice for every stage of business, from structuring, contracts and transactions to resolute representation when commercial relationships break down. Practical guidance from a lawyer who keeps one eye on how a deal holds up if it is ever tested.
Spencer Alexander Lawyers advise founders, family businesses and established companies across Victoria at every stage, from choosing the right structure and getting the contracts right, to buying or selling a business, and resolving disputes when commercial relationships break down.
We act on both the transaction and the dispute, which means practical, commercial advice that already has one eye on how a deal would hold up if it were ever tested in court.
Our clients include founders, franchisees, family businesses and established companies across Melbourne and Victoria. When a dispute cannot be settled, we act in Victorian courts and at VCAT.
Advice & transactions
The structures, contracts and deals that build a business.
- Business structuring & formation
- Shareholder & partnership agreements
- Commercial contracts & terms of trade
- Business sales & acquisitions
- Commercial leasing
- Franchising
- Employment & workplace advice
- Intellectual property & licensing
Litigation & recovery
Protecting your position when commercial relationships break down.
- Contract & commercial disputes
- Shareholder & partnership disputes
- Debt recovery & insolvency
- Building & construction disputes
- Leasing & property disputes
- Employment disputes
- Restraint of trade claims
- Mediation & arbitration
In detail
Commercial law services in Melbourne.
Business structures & formation
Sole trader, partnership, company or trust — the right structure depends on personal liability, tax, investors and an eventual sale. We set up and restructure businesses alongside your accountant, so the legal and tax positions pull in the same direction.
Contracts & terms of trade
Your terms decide when you are paid, who carries risk and where liability stops. We draft and review terms of trade, supply and service agreements — the contracts every Victorian business should have — in plain English your customers can follow.
Buying or selling a business
From heads of agreement and due diligence to the contract of sale, lease transfer, employee entitlements and settlement. We keep the deal moving, and the risk sitting where it was agreed.
Commercial & retail leasing
Retail leases in Victoria carry special rules on disclosure, outgoings and minimum terms. We act for tenants and landlords on new leases, renewals, assignments and rent disputes — before you are locked in.
Shareholder & partnership agreements
How are decisions made? What breaks a deadlock? How does someone exit, and at what price? We settle these questions while everyone is on good terms, for a fraction of the cost of a dispute.
Disputes, debt recovery & litigation
A firm letter of demand resolves most matters. Where it does not, we act in negotiations, mediation, the courts and VCAT — always weighing the cost of the fight against what you stand to recover.
What to expect
Advice that starts with the business.
Legal advice only helps if it fits the way you actually trade. Here is how we work with you.
Fixed fees for defined work.
Documents such as terms of trade, a shareholder agreement or a lease review are usually quoted as a fixed fee. Disputes run on a written estimate that we revisit with you at each stage, always against what you stand to recover.
Good to know
Common questions in commercial law.
Which structure should I trade under?
It depends on what you are protecting and where the business is heading. Sole trader, partnership, company and trust each carry different consequences for personal liability, tax, bringing in partners or investors, and an eventual sale. We work alongside your accountant so the legal structure and the tax position pull in the same direction.
Do terms of trade really matter for a small business?
Yes, more than almost any other document. Your terms decide when you get paid, who owns the goods until payment, what happens on default and where your liability stops. Most payment disputes are won or lost on the terms that were, or were not, in place when the work was done.
A customer has not paid. What are my options?
Usually a firm letter of demand resolves it, or opens a sensible payment plan. If not, we advise on recovery through the courts, and for company debtors, a statutory demand, a formal notice giving 21 days to pay before insolvency steps can follow. At every stage we weigh the cost of pursuing the debt against the realistic prospect of recovering it.
Do my business partner and I need a shareholder agreement?
If there is more than one owner, yes. The most common commercial dispute we see is between co-owners who never agreed how decisions are made, how a deadlock breaks, or how someone exits and at what price. A shareholder or partnership agreement settles those questions while everyone is still on good terms, for a fraction of the cost of a dispute.
What should I check before signing a commercial lease?
The term and your options to renew, how rent reviews work, what outgoings you pay, the permitted use, fit-out and make-good obligations, and any personal guarantees. Many Victorian tenancies are retail leases with extra protections, including a disclosure statement you should never sign blind. A short review before you sign costs far less than a dispute after.
How much does commercial legal work cost?
Defined documents such as terms of trade, a shareholder agreement or a lease review are usually quoted as a fixed fee. Disputes and transactions run on a written estimate in our letter of engagement, updated before the scope changes. Either way, you know the likely cost before we start.
Speak with a commercial lawyer.
Whether you're closing a deal or facing a dispute, one call sets out your options and the commercial path forward.