Commercial Law & Contracts

Protecting Your Business Interests with Expert Contract Drafting, Negotiation, and Compliance

Getting documents from your one-off high value transaction agreements to day-to-day commercial contracts right.

Over 30 years’ experience in providing responsive, expert advice in Corporate Law, M&A, Commercial Contracts, Dispute Resolution and Intellectual Property.

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Commercial Contracts & Agreements

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.

Supply & Distribution

Ensure smooth supply chains and product delivery with contracts covering terms, delivery schedules, and liability.

Services Agreements

Whether it’s a simple services agreement or a complex master services agreement, these contracts are our bread and butter, and we know them inside out.

Shareholder Agreements

Whether setting up a new business with through to bringing in private equity, we are experts in Shareholder Agreements and can assist in clearly defining rights, responsibilities, and dispute resolution methods between shareholders to avoid future conflicts.

Contractor Agreements

Protect your business with clear terms for contractor roles, expectations and deliverable conditions.

IP Licensing & Assignment Agreements

Control how your intellectual property is used shared or transferred, crucial for protecting your brand and innovations.

NDAs & Confidentiality Agreements

Safeguard sensitive business information by defining what must remain confidential and for how long.

Supply & Distribution

Ensure smooth supply chains and product delivery with contracts covering terms, delivery schedules, and liability.

Services Agreements

Whether it’s a simple services agreement or a complex master services agreement, these contracts are our bread and butter, and we know them inside out.

Shareholder Agreements

Whether setting up a new business with through to bringing in private equity, we are experts in Shareholder Agreements and can assist in clearly defining rights, responsibilities, and dispute resolution methods between shareholders to avoid future conflicts.

Contractor Agreements

Protect your business with clear terms for contractor roles, expectations and deliverable conditions.

IP Licensing & Assignment Agreements

Control how your intellectual property is used shared or transferred – crucial for protecting your brand and innovations.

NDAs & Confidentiality Agreements

Safeguard sensitive business information by defining what must remain confidential and for how long.

From $10M Liabilities to IP Security

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.

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Best Practice & Risk Mitigation

Essential Clauses to Protect Your Business

Scope of Work

Defines exactly what is being delivered

Payment Terms

Specifies amounts, milestones, and late fees

Termination & Renewal

Sets clear rules for ending or renewing engagements.

Deliverables

Outline clearly what the service or product deliverables are.

IP & Confidentiality

Protect proprietary assets and trade secrets.

Liability & Indemnities

Limits risk and defines compensation duties

Why choose us

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.

Frequently Asked Questions About Commercial Contracts

Get quick answers to the most common questions we hear from clients about commercial contracts from essential clauses to dispute resolution and confidentiality protections.

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What clauses are essential in a commercial contract?

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.