The ABC Of Commercial Law

Commercial law is a broad field. In this article, we explore some of the basics of commercial law, with a focus on those which relate to small businesses.

Fair Trading

In Australia, everyone deserves a fair go. The same applies in the commercial landscape. Trade and the federal governing bodies ensure that businesses operate fairly and that they treat both consumers and competitors with respect.

Fair trade laws regulate areas such as:

Pricing Regulations

Businesses must follow a variety of pricing regulation laws. These laws ensure that pricing is truthful and not damaging to other businesses in the same field.

Warranties and Refunds

Goods must be free from faults. If they are not, the consumer should be able to claim compensation.

Measurement of Goods

This area ensures that measurement and labelling requirements are kept standard.


Commercial law covers contracts, which it views as legally enforceable no matter whether it is written or verbally agreed upon. If someone agrees to provide a service in exchange for monetary or other benefits, they are likely engaging in a commercial contract.



In this day and age, privacy is ever-so-important, and as such there are strict commercial laws regarding how businesses collect, store and use data that they have collected from their customers.

This is especially important when it comes to marketing.

Anti-Bullying Laws

Commercial law also covers ensuring that there are anti-bullying policies within the workplace, as workplace harassment is taken very seriously. If a company does not take adequate steps to ensure bullying does not occur, they may be held liable should it happen in the workplace.

Unfair Dismissal

If your business has less than 15 employees, it is classified as a small business under the Dismissal laws and has its own procedures to follow.

For a dismissal to be fair:

  • It must be given with adequate warning with a valid reason as to why they are being dismissed. The reason should preferably be given in writing, but verbal explanations are also acceptable.
  • The employee should be given a warning or opportunity to improve, unless their actions cause significant risk to the company, such as theft or misconduct.
  • An opportunity to improve may include additional training.

Need Advice or Assistance with Commercial Law?

If you need guidance with commercial law, speak to our experienced lawyers in Brisbane. As members of the Queensland Law Society, our lawyers will examine your individual circumstances and offer timely advice on the best pathway forward.

At Phoenix Law, we specialise in Family Law, Personal Injury Law, Migration Law, Commercial Law, Property Law, Litigation Dispute Resolution, Estate Planning, International Trade Law, Intellectual Property Law and Workplace Relations Law. We speak your language, with a team of multilingual lawyers ensuring our clients get the best possible understanding of Australian law. Call our law firm today on 07 3180 0908 or contact us online.