Bray’s Beach, Broken Head

“Bold and Excellent”

Business Law

Business law (or commercial law), is the branch of law that relates to businesses, concerning both their internal structures and their external transactions with others. It is a wide area of law and often includes other branches of the law. Tyndall & Co. offers legal services in these specific areas of law:

Alternative Dispute Resolution, mediation between shareholders, partners or parties

Backdoor listing a business onto the stock exchange (ASX) and retaining control

Bailment of goods

Bills of exchange and other negotiable instruments

Buying and selling a business

Chattels and chattel mortgages

Codes of Practise

Commercial carriage of goods

Confidential information

Consumer protection

Contracts of insurance, marine insurance, business insurance and key person insurance


Conversion and trespass

Creation and transfer of intellectual property rights, including patents, trademarks, designs and copyright nationally and internationally

Credit law

Directors’ duties of care  and negligence claims

Disclaiming insurance cover

Entertainment law

Financial Services

Franchise law- replication of a business get up or process for greater profit

Foreign Investment Review Board- FIRB applications, advice

Government compliance

Insurance law (see contracts of insurance)

Joint venture agreements (not partnership)

Law of guarantees


Manufacturing Law

Mercantile Law and disputes

Mining leases and tenements

Native title

Partnership agreements

Partnership disputes

Personal property securities register PPSR

Principal and agent

Restraint of trade clauses

Sale of goods act statutory implied conditions

Security interests and their registration PPSR

Shipping Law

Stamp duties and land tax

Stock mortgages

Submissions as to fitness to practise or fit and proper person submissions (accountants, lawyers, valuers, real estate agents)

Title retention invoices

Trade secrets

Articles written about Business law

Ploughing through the fine print is worth it
Equipment, the ‘tractor factor’, contracts to purchase large capital items, Sale of Goods Act
Updated 7 January 2015, originally published in The Land 07/09/00

Check policies to avoid the risks
Insurance policies, insurers can disclaim “public liability” cover
Updated 7 January 2015, originally published in The Land 05/10/00

Watertight cover
Insurance policies, insurers can disclaim cover in flood claims, “flood” defined
Updated 7 January 2015, originally published in The Land 01/02/01

Secret agents new code
Real estate agents duties, the new code
Updated 7 January 2015, originally published in Find Law 11/08/04

Big penalties for agents breaking law
Real estate agents duties, risk Court
Updated 7 January 2015, originally published in the Country Leader 23/08/04

Dry pen trumps wet ink
The “original wet ink” signature defence is a non-defence
A look at the recent case of Ibanez in the USA (Massachusetts- SJC Full Court),
which saw borrowers avoid mortgagee liability to banks in a “foreclosure” sale,
and a warning to Australian investors about “foreclosure title” purchases in the USA.
Lawyers Weekly 13/1/12

Commercial lease case
A case about a commercial lease, the ‘Covenant to pay
rent’ in a ‘commercial lease’ is strict, ‘notice of termination’, relief against forfeiture Reid v Hipkiss