Commercial Law & Contracts
Protecting Your Business Interests with Expert Contract Drafting, Negotiation, and Compliance
Over 30 years’ experience in providing responsive, expert advice in Corporate Law, M&A, Commercial Contracts, Dispute Resolution and Intellectual Property.
We are specialists in the day-to-day commercial contracts your business relies on. We understand what is usual, what is and isn’t “market” and how to manage your risk and liability. While we are still commercial and practical, we are excellent contract lawyers who truly understand the law behind clauses in your contracts.
Recent client highlights include preparing standard customer and supplier friendly service agreement terms for various organisations, through to advising on complex manufacturing, services, supply and distribution agreements in the energy, mining, technology, FMCG and fintech industries. These projects ranged from $2M to $20M while some exceeded $100M in contract value.
Essential Clauses to Protect Your Business
Defines exactly what is being delivered
Specifies amounts, milestones, and late fees
Sets clear rules for ending or renewing engagements.
Outline clearly what the service or product deliverables are.
Protect proprietary assets and trade secrets.
Limits risk and defines compensation duties
With over 30 years in commercial contracting, Malcolm brings a proven track record of helping businesses navigate complex legal matters with confidence. Our approach is grounded in risk-focused contracting, tailoring every agreement to protect your commercial interests while still being commercial. We pick your battles on key issues relevant to you and prevent future disputes. We provide end-to-end support across the full contract lifecycle, from negotiation through management to enforcement, ensuring your legal foundations are as strong as your commercial ambitions. What sets us apart is our partner-led model: you’ll have direct access to Malcolm and senior lawyers throughout your matter, offering strategic, hands-on advice without unnecessary handovers.
Get quick answers to the most common questions we hear from clients about commercial contracts from essential clauses to dispute resolution and confidentiality protections.
When it comes to IT procurement, many organisations run into the same common pitfalls. Mistakes such as unclear requirements, rushing vendor selection, overlooking total cost of ownership, ignoring scalability, failing to involve key stakeholders, and neglecting contract details can create long-term challenges. Other issues include weak risk management, poor vendor relationship handling, and inadequate performance monitoring. By recognising these common errors early, businesses can make smarter procurement decisions that save time, money, and resources, while setting projects up for long-term success.
Many contract disputes can be resolved through negotiation, mediation, or arbitration, which are generally faster and more cost-effective than litigation. Having a clear dispute resolution clause in your contract helps guide the process and can preserve commercial relationships by avoiding a drawn-out legal battle.
An NDA (Non-Disclosure Agreement) is a standalone legal document used to protect confidential information when parties are sharing sensitive details outside of a formal contract. A confidentiality clause, on the other hand, is embedded within a broader agreement (like a service contract or partnership agreement) and serves a similar purpose but within that specific context.