Brian Smith

Brian Smith

Group information

Brian is a Director in our Business & Commercial Team. He specialises in a number of areas of law, including:

Business & Commercial Law

Acting extensively for small and medium sized enterprises, Brian has comprehensive experience across all aspects of commercial law, servicing a broad range of clients including business owners, property developers, hoteliers, shopping centre proprietors and motor vehicle dealers. 

He has particular experience in drafting business sale agreements, share sale agreements, shareholder and unit holder agreements, joint venture agreements, management agreements, consultancy agreements, buy/sell agreements, assignment deeds, novation deeds, website hosting agreements and discretionary and unit trust deeds. 

Automotive Law

Brian has been providing legal services to the automotive industry in Queensland, and in particular, to motor vehicle dealerships, for a period in excess of 10 years, acting in the sale and purchase of numerous dealerships, and related businesses, throughout Queensland. He has conducted litigation for unpaid debts and other matters and engages in, and advises clients in relation to, alternate dispute resolution processes. 

He also acts for the Motor Trades Association of Queensland (MTAQ) and manages a complimentary telephone referral service provided by Bennett & Philp for MTAQ members, providing legal advice on a wide range of industry-related matters. 

Limited Recourse Borrowing Arrangements

Since amendments were made to the Superannuation Industry (Supervision) Act in 2007, enabling self-managed superannuation funds to borrow using limited recourse borrowing arrangements, Brian has been actively involved in documenting such arrangements, and providing advice to superannuation consultants, accountants and financial planners. 

Public Liability Advice for Insurers

Brian also specialises in the field of public liability insurance, in respect of litigation and dispute resolution. He has a track record in delivering client-focussed strategies for self-insured clients, including a national chain of supermarkets, department stores and hotels. 

Planning and Environment

With a keen and active interest in planning and environment issues, Brian represents and conducts litigation matters for clients in the Planning and Environment Court. 

Qualifications: 
Bachelor of Laws | University of Tasmania
Memberships: 
Queensland Law Society
Admission: 
1981 Supreme Court of Tasmania
1981 Supreme Court of Victoria
1981 Supreme Court of Queensland
Related Services: 
Contract Preparation and Advice
Business Structuring
Competition and Consumer Law
Corporate Structuring
Business Sales and Purchases
Trading Terms and Conditions
Self Managed Superannuation Funds
Limited Recourse Borrowing Arrangements
Shareholder and Partnership Agreements
Planning Law
Franchise Agreements
Automotive Commercial Property Transactions
Debt Recovery and Insolvency Services
Public and Private Liability
Motorsport
Automotive Business Advisory Services