What is commercial law?

Are you inspired by real-world business but have a passion for the law and justice? You might like to consider a career as a commercial lawyer. Why commercial law? Read on to discover exactly what is commercial law, what does a commercial lawyer do, how to become a commercial lawyer and why it might be the right choice for you.

Types of commercial law

Commercial law, also known as trade law or business law, is the area of civil law and legal policy that governs commercial dealings and the obligations of those involved. Law in commerce involves many things including contracts and business transactions, sales and trade, property dealings, the conduct of corporations, financial institutions and trade organisations, the steps that need to be taken to avoid causing harm, and how to resolve personal and commercial disputes.

Let’s look at a few specific types of commercial law:

  • Contract law
    Contract law is one aspect of the law of obligations. It’s the study of legal obligations voluntarily assumed – in other words, contractual legal agreements.
  • Intellectual property law
    Intellectual property law includes the law of copyright (including moral rights) and copyright infringement, intellectual property rights, registered designs, trademarks, passing off, consumer law prohibiting misleading and deceptive conduct, breach of confidence, and patents.
  • Data protection law
    Data protection law involves data privacy and regulations relating to personal and private information including data security and data privacy breaches.
  • Employment law
    Employment law involves individual employment relationships, workplace laws and institutional and regulatory frameworks (such as fair work rights).
  • Corporate law
    Corporate law (sometimes referred to as company law) covers business laws that relate to the governance and regulation of businesses.

Careers in commercial law

There are many different types of commercial lawyer jobs available in Australia, either in litigation or transactional law. Specific jobs in commercial law include working in corporation law, finance and banking, competition and consumer law, insurance, trade practices and more. There are also many fields of interest, including:

  • Chinese economic and business law

  • Contract law

  • Corporate and commercial law

  • Corporate governance

  • Data privacy

  • Dispute resolution and civil procedure

  • Equity and trusts

  • Fintech and Regtech

  • Intellectual property law

  • Private law

  • Property law

  • Securities law

  • Sports law

  • Torts law


Skills of a commercial lawyer

Commercial lawyers need a high ethical standard and a wide range of skills including interpersonal skills, attention to detail, communication skills, analysis and research skills and problem-solving skills. Commercial lawyers are expected to assist clients navigate issues such as globalisation, regulation, tax reform, shifting trade relationships and cross jurisdictional matters.


Salary of a commercial lawyer 

The average salary of a commercial graduate for the first 2 years is $80,000 while on a training contract, significantly increasing thereafter as an associate, senior associate, and partner. The average base salary for an associate lawyer in Australia is $110,000 per year.

Qualifications of a commercial lawyer

To work as a commercial lawyer in Australia, you’ll need to complete a bachelor’s degree in law or Juris Doctor, complete Practical Legal Training, be admitted to your state’s Admissions Authority and apply for a Practising Certificate from your local law society.

  • Bachelor in Commerce/Law
    UNSW Law & Justice is widely recognised as a leader in private, corporate and commercial law. If you’d like to study commercial law, a combined Bachelor of Commerce/Law will help you sharpen your thinking and get future ready through immersive experiences.
  • Juris Doctor
    The Juris Doctor is a professional law degree offered at the postgraduate level. This program allows you to prepare for admission to legal practice in Australia and build upon your previous education. If you’ve previously completed a bachelor’s degree in Commerce, the Juris Doctor could be a pathway for you to enter the commercial law field. 
  • Master of Laws
    Although not required to qualify as a lawyer, if you’re looking to expand your legal knowledge and accelerate your career, you might like to undertake a Master of Laws at UNSW. This program allows you to specialise in Corporate, Commercial & Taxation Law to deepen your expertise. 

FAQs

  • Commercial lawyers advise businesses and individuals on laws and regulations that relate to trade, commerce, sales and merchandising.

  • Commercial law is the area of civil law that governs commercial dealings and the obligations of those involved.

  • The terms commercial law and business law are often used interchangeably. 

  • To work as a commercial lawyer in Australia you’ll need to complete a bachelor’s degree in law or Juris Doctor, complete Practical Legal Training, be admitted to your state’s Admissions Authority and apply for a Practising Certificate from your local law society.

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