Commercial Agreements Lawyers Brisbane
Commercial agreements define the rules of every business relationship. EAGLEGATE advises businesses on drafting, negotiating and reviewing commercial contracts across Brisbane and Queensland.
Every significant business relationship is defined by a contract whether written or otherwise. The terms of that contract determine what each party must do, what happens when something goes wrong, and who bears the risk when the relationship does not go as planned. EAGLEGATE advises businesses on drafting, negotiating, reviewing, and enforcing commercial agreements — from straightforward service contracts to complex multi-party arrangements.
We approach commercial agreements as instruments of commercial risk management, not compliance documents. A well-drafted contract reflects what the parties actually agreed, allocates risk appropriately, and provides clarity when disputes arise. The Competition and Consumer Act 2010 (Cth) — including the Australian Consumer Law — sets important constraints on contract terms that consumer agreements must navigate, particularly on unfair contract terms.
A contract that is unclear costs far more to fight over than it costs to draft correctly, in the first place.
Our Expertise
Key Commercial Agreements Expertise — Draft, Negotiate, Protect
EAGLEGATE advises on commercial contracts across every industry and transaction type.
Drafting Commercial Contracts
EAGLEGATE drafts commercial agreements tailored to the specific transaction, the relationship between the parties, and the risk profile of each party. We draft documents that reflect the actual commercial arrangement, to protect the client’s specific position and to create documents the parties want to execute.
Reviewing and Negotiating Counterparty Agreements
Where a client is presented with a contract drafted by the other party, EAGLEGATE reviews the document, identifies the key risk points, advises on the implications, and negotiates amendments to protect the client’s position. Understanding what the other side’s document actually says — and what it does not say — is as important as understanding the commercial terms.
Unfair Contract Terms
Since the extension of the unfair contract terms regime under the Competition and Consumer Act 2010 (Cth) to small businesses, and its further strengthening in November 2023 (which made unfair contract terms not merely void but illegal), businesses using standard form contracts with counterparties who qualify as small businesses must ensure their contracts do not contain unfair terms. EAGLEGATE advises businesses on compliance and assists in restructuring contract terms to address unfair contract term risk.
Distribution and Supply Agreements
Distribution agreements, supply agreements, and reseller arrangements carry complex risk around exclusivity, pricing, intellectual property, territory, termination, and post-termination obligations. EAGLEGATE drafts and reviews these arrangements for both suppliers and distributors.
Services and Consultancy Agreements
Services agreements must clearly define scope of work, deliverables, payment terms, IP ownership and licence rights, confidentiality obligations, and liability limitations. Ambiguity on any of these creates the conditions for a dispute. EAGLEGATE drafts services agreements that provide clarity from the outset.
Contract Disputes
Where a commercial agreement gives rise to a dispute — through breach, misrepresentation, or fundamental disagreement about what the terms mean — EAGLEGATE advises on the dispute and, where required, conducts litigation. Understanding how courts interpret contractual terms informs how EAGLEGATE drafts commercial agreements to begin with.
Our Approach
1. Understand the Commercial Relationship
We start by understanding what each party is doing, what each is supposed to receive, and where the key risks lie. The contract must reflect and protect the commercial arrangement as the parties actually intend it.
2. Identify and Allocate Risk
We identify the risks inherent in the transaction — performance risk, IP risk, termination risk, liability exposure — and advise on how they are best allocated between the parties given the commercial context.
3. Draft and Negotiate
We draft or review the contract documents, negotiate amendments, and ensure the final signed agreement accurately reflects what was agreed and protects the client’s position.
4. Review and Update
Commercial agreements should be reviewed periodically — particularly after the business or the relationship has changed significantly, or after changes in the regulatory environment that affect contract terms.
Why Choose EAGLEGATE
Commercial and Technical Depth
EAGLEGATE’s lawyers bring backgrounds in engineering, IT and commercial practice to contract drafting — understanding the operational reality of what contracts need to achieve, not just their legal form.
Technology Contract Expertise
Technology agreements — SaaS contracts, software licences, IT procurement, AI governance frameworks — are a core EAGLEGATE strength. Our technology law background means we understand what these contracts are actually regulating.
Both Sides of the Negotiation
EAGLEGATE advises clients who draft contracts for their counterparties, and clients who are presented with contracts by the other side. The perspective on both sides of commercial negotiations informs more effective advice for each.
Brisbane & Queensland
We advise businesses on commercial agreements across Brisbane, Queensland, and nationally.
Our Insights
- What is a commercial agreement?
A commercial agreement is a legally binding contract that governs a business relationship — defining what each party must do, what they receive in return, and what happens if the arrangement fails. Commercial agreements take many forms: service agreements, supply contracts, distribution agreements, licensing arrangements, and joint venture agreements, among others.
- Are verbal contracts enforceable in Australia?
Generally, yes — a verbal contract can be legally binding in Australia if the essential elements of contract formation are present: offer, acceptance, and consideration. However, some terms of verbal contracts are difficult to enforce because agreement on the terms can be difficult to prove. Written contracts provide certainty, clarity, and an evidentiary record.
- What is an unfair contract term?
Under the Competition and Consumer Act 2010 (Cth), a term in a standard form contract is unfair if it would cause a significant imbalance in the parties’ rights and obligations, is not reasonably necessary to protect the legitimate interests of the party who would benefit from it, and would cause detriment if applied or relied upon. Since November 2023, unfair contract terms in eligible contracts are not merely void — they are illegal.
- What should a commercial agreement include?
Key provisions include: identification of the parties and the subject matter; scope of services or goods; payment terms; intellectual property ownership and licence rights; confidentiality obligations; liability limitations and indemnities; termination rights and consequences; and dispute resolution.
- When should legal advice be obtained on a commercial contract?
Before signing any significant commercial agreement — and before presenting a contract to a counterparty that has not been reviewed for unfair contract term compliance. The cost of legal review is predictable; the cost of a commercial dispute that could have been prevented by a clearer contract is not.
General information only. Not legal advice. For advice specific to your situation, contact EAGLEGATE Lawyers.