Commercial Lawyers & Business Lawyers

“We are lawyers with a passion for

Commercial Law & Business Law”

Experience that counts

Established in 2000, Nicholls Legal is a law firm located in South Melbourne, Australia.  Our general areas of practice include Technology, Communications, Intellectual Property, Defamation, Commercial Law and Disputes – including specific expertise as Commercial Lawyers & Business Lawyers.

Typical Commercial Law & Business Law matters that we have worked on include:

  • Negotiating and drafting all forms of Commercial & Business agreements, including business/major asset sale and acquisition, supply, distribution, agency, joint venture, telehousing, interconnect, technology development and exploitation, technology assignments and transfers, outsourcing, facilities management and confidentiality agreements.
  • Negotiating and drafting employment agreements, key person/management agreements and share incentive schemes.
  • Contract disputes and litigation.
  • Acting for SmartyHost in the sale of the company to MYOB Ltd.
  • Acting for the vendor in the sale of a mid-sized telecommunications provider in New South Wales.
  • Acting for the vendor in the sale of a telecommunications fibre-to-the-home network in Western Australia.
  • Acting for the vendor in the sale of a telecommunications company in New Zealand.
  • Acting for the purchaser in the acquisition of a software development company in New South Wales.
  • Advising a State water authority on contract provisions for a telecommunications tender.
  • Acting for an educational institution in relation to establishing a technology joint venture.
  • Acting for various building owners in relation to site access agreements for communications facility installation.
  • Acting for the Victorian State Emergency Service in relation to the Royal Commission into the 2009 Black Saturday Bushfires.
  • Successfully representing a company in receivership in the Supreme Court of Victoria in relation to wrongful conduct by the receivers and managers.
  • Acting for an importation and distribution company in a substantial leasing and commercial dispute in the Supreme Court of Victoria and then on appeal to the Court of Appeal.
  • Representing multiple defendants in the Federal Court of Australia in relation to two administrative law challenges brought by Telstra.
  • Acting for a technology supplier in relation to a shareholders’ dispute.

We have successfully represented parties in litigation at all Australian Superior Court levels, including the Victorian Supreme Court, the Victorian Court of Appeal, the Federal Court of Australia and the High Court of Australia.

In addition to our expertise as Commercial Lawyers & Business Lawyers, we also specialize in Cloud Law, Communications Law, Competition & Consumer Law, Defamation & Media Law, Information Security & Privacy Law, Intellectual Property Law, Internet Law and Technology & IT Law.

Competitive Fees

We offer very competitive fees including a free initial consultation.  Please contact Matthew Nicholls (ph: +61 3 8376 7131) to discuss your Commercial Law & Business Law requirements. 

Our latest Commercial Law & Business Law eNews items are below:

  • Roaming charges to be abolished in Europe in 2014- From TechWeek Europe and the Daily Telegraph:  The European Commission has voted to end the practice of imposing mobile roaming charges when travelling to different countries in Europe, beginning in July next year. Europe’s 27 commissioners followed a recommendation from vice president Neelie Kroes, and voted last week to abolish roaming charges in Europe.  The […]
  • Utel Networks pays infringement notices for misleading consumers- From the ACCC:  Utel Networks Pty Ltd has paid three infringement notices, totalling $19,800, and provided a court enforceable undertaking to the Australian Competition and Conmsumer Commission (ACCC) for misrepresentations made by them to customers through their telemarketing activities. Utel Networks provides a number of telecommunications services, and markets these services through a Phillipines-based subsidiary. […]
  • IACCM publishes 20 critical information security controls- From the IACCM:  The International Association for Contract & Commercial Management (IACCM) has published a useful checklist for businesses seeking a guide to information security controls. Based on the SANS Institute’s ‘Top 20 Critical Controls’ document, the guidance is useful for businesses to prioritise and fund information security initiatives.  The top 20 tips are Inventory […]
  • Vodafone warned by ACMA over advertising- From the ACMA:  The Australian Communications and Media Authority (ACMA) has issued a formal warning to Vodafone Pty Ltd for a breach of the Telecommunications Consumer Protections Code (TCP Code).  The warning relates to a failure by Vodafone to prominently display its standard charges for a mobile phone offer, as required by clause 4.2.6 of […]
  • ACCC finalises wholesale prices for broadband services on Telstra’s copper network- From the ACCC:  The Australian Competition and Consumer Commission (ACCC) has announced that it has completed its inquiry to set terms and conditions for the wholesale ADSL service and published a Final Access Determination (FAD). Retailers utilise Telstra’s copper network to provide ADSL broadband internet to customers.  The FAD lays out the price and non-price […]
  • ACCC announces inquiry into access to mobile networks- From the ACCC:  The ACCC has announced a public inquiry into whether it would be preferable to extend, vary or revoke the domestic mobile terminating access service (MTAS) declaration, or whether to make a new declaration. The MTAS is a service offered between competitors so that calls on different mobile networks can be connected.  Mobile […]
  • US Judge suggests evidence that Apple took part in eBook pricing conspiracy- From Cellular News:  A US Federal Judge has stated that there is likely evidence that Apple had conspired to increase the price of eBooks. Apple has previously refused offers from the US Department of Justice  (DOJ) to settle, as part of the DOJ’s ongoing investigation into the pricing of eBooks. At a pre-trial hearing US […]
  • ACMA warns AAPT about privacy- From the ACMA:  The Australian Communications and Media Authority (ACMA) has formally warned AAPT Limited (AAPT) regarding its to protect the privacy of its customers’ personal information as required by the Telecommunications Consumer Protections Code (TCP Code). The ACMA initiated an investigation into AAPT following media reports that some of AAPT’s customer data had been […]
  • OAIC investigating Telstra data breach- From the OAIC:  The Office of the Australian Information Commissioner (OAIC) has opened an investigation into a data breach that resulted in the publication of Telstra customer’s private information online. Australian Privacy Commissioner Timothy Pilgrim issued the following statement: “Telstra has briefed our office about this incident and advised that the documents are no longer […]
  • FOXTEL makes undertaking to ACCC over free TV offer- FOXTEL Management Pty Ltd has provided the Australian Competition and Consumer Commission (ACCC) with a court enforceable undertaking following allegations that FOXTEL breached the Australian Consumer Law with a free television offer. The undertaking stems from representations made by FOXTEL that customers who subscribed to a 12 month plan between 12 February 2012 and 5 […]
  • ACCC – Proceedings instituted against ByteCard Pty Limited for unfair contract terms- From the ACCC:  The Australian Competition and Consumer Commission (ACCC) has commenced proceedings in the Federal Court against Internet Service Provider ByteCard Pty Limited (ByteCard, better known as Netspeed Internet Communications) alleging that a number of clauses in the ByteCard standard form consumer contracts are unfair contract terms and should be declared void. The alleged […]
  • OAIC: Australian Privacy Principles guidance- From the Office of the Australian Information Commissioner:  The Office of the Australian Information Commissioner (OAIC) has released a pair of guidances comparing the proposed new Australian Privacy Principles (APPs) with Australia’s current National Privacy Principles (NPPs) and the Information Privacy Principles (IPPs). The APPs are found in the Privacy Amendment (Enhancing Privacy Protection) Act […]
  • ACCC Chairman Rod Sims: ACCC well placed to deal with communications revolution- From the ACCC:  Australian Competition and Consumer Commission (ACCC) Chairman Rod Sims, speaking at the Australia Israel Chamber of Commerce in Brisbane, has said that the ACCC is is well placed to deal with the many issues flowing from the continuing communications industry revolution. Mr Sims spoke of the benefits of a combined competition, consumer […]
  • ACMA Contemporary community safeguards inquiry- From the ACMA:  The Australian Communications and Media Authority (ACMA) has announced the commencement of the ‘Contemporary community safeguards inquiry’. The inquiry will focus on the need for broadcasting standards to remain in line with changing community expectations.  The ACMA is seeking to to explore and establish the core principles that should guide the content […]
  • ACMA Chairman Chris Chapman: Telco and media reforms continue- From the ACMA:  Australian Communications and Media Authority (ACMA) Chairman Chris Chapman has delivered a speech outlining the current work and priorities of the ACMA at the Communications Day Summit. Among the ACMA initiatives and priorities highlighted were the following: A spectrum plan which portended a $30 smart phone handset and potential economic benefits to […]