Our commercial lawyers advise and represent clients across numerous industry sectors including Government, retail, manufacturing, transport, franchising, building and construction, business services, not-for-profits and finance. As a Government client, you will have the assurance of a Commercial team that understands the nuances of the Government sector while benefitting from the full range of our Commercial legal experience.
Coleman Greig understands the highly sensitive and confidential nature of data that Government holds – and how critical safeguarding that information is. Our team has advised Government with regards to its legal obligations under the Privacy Act.
With a priority on achieving a successful outcome for clients, our Commercial Law team can provide Government with expert advice on acquisitions, mergers, joint ventures, reconstructions and takeovers, as well as on a range of agreements including procurement agreements. Coleman Greig can help prepare Government business for sale or assist in purchases by undertaking due diligence, establishing initial terms and conditions, drafting legal agreements and then negotiating the deal.
Coleman Greig regularly reviews and updates client contractual 'terms of trade' to maximise a client’s ability to protect their interests in the goods they supply - either on credit or under lease. Our lawyers are well-versed in the working of the Personal Property Securities Act 2009 (Cth) (PPSA) and can assist you in the registration process and provide in-house training in the effective registration of security interests.
Our Commercial Law team has a strong specialist capability in intellectual property law; advising clients across a diverse range of IP issues, identifying and managing our clients’ business risks and vigorously enforcing their IP rights.
With substantial competition law expertise, Coleman Greig has advised and represented clients with regard to the Competition & Consumer Act for many years. Our lawyers recognise the relevance of this area of law to the business activities of Government and to the conduct of commercial entities dealing with Government authorities.
Government is heavily involved in the delivery of major construction and infrastructure projects. Our commercial and legal expertise encompasses Directors’ responsibilities and corporate governance, corporate transactions, restructures, governance, and general commercial and contract law.
From advising on the most appropriate project delivery methodology, the drafting and negotiation of contracts, managing disputes regarding work quality, timeliness and progress payments during construction, through to dealing with liability and payment issues at the conclusion of a project, our team has worked with and advised clients throughout the entire construction lifecycle. We consistently achieve excellent project outcomes, and manage and mitigate risks to clients.
Our team is committed to maintaining a current understanding of the business, and operating environment and commercial issues of Government.
Areas where we can assist you include:
- Business contracts, agreements and advice
- Business structures and asset protection
- Commercial securities
- Competition and Consumer Act - Business training and compliance
- Corporations law
- Directors’ responsibilities
- Mergers and acquisitions
- PPSA
- Privacy Act
- Competition law
- Intellectual property including registration and protection of IP, defending alleged infringements of IP rights, copyright and IP audits
- Risk management and compliance
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.
Clarity in Complexity. Confidence in Scrutiny.
The world of corporate governance law is a complex web of overlapping acts and obligations. But your path through them must be a straight line – clear, direct, and defensible. At Coleman Greig, we draw that line. We translate intricate rules into practical frameworks that give your organisation control.
Are these your current challenges?
- Facing procurement processes under audit review or public scrutiny?
- Navigating unclear conflicts of interest or decision-making delegations?
- Managing data and privacy obligations across multiple systems and vendors?
- Planning a new joint venture or asset restructure that requires community confidence?
We equip you with the clear legal pathways for corporate governance, defensible procurement, and secure transactions, confirming your IP and data handling will withstand scrutiny.
Why Government Bodies Need Specialised Legal Advice
Local government commercial law exists at the intersection of probity (fairness and integrity), public transparency, and statutory duty. Unlike private entities, NSW public bodies must navigate a specific legislative environment, including:
- Local Government Act 1993 (NSW) and its associated Model Code of Conduct.
- Government Information (Public Access) Act 2009 (NSW) (the GIPA Act).
- Privacy and Personal Information Protection Act 1998 (NSW) (the PPIP Act).
- Health Records and Information Privacy Act 2002 (NSW) (the HRIP Act).
- State Records Act 1998 (NSW).
- Corporations Act 2001 (Cth) for council-controlled commercial entities.
Failing to comply with these obligations creates significant risk. Decisions must be lawful and auditable, processes must survive probity challenges, and commercial goals must be achieved without compromising statutory duties.
Here’s how we turn those obligations into practical, workable steps:
Our Corporate and Commercial Legal Services for Government
Governance and Compliance
You get: Clear delegations of authority, audit-ready decision frameworks, and conflict-of-interest management that stands up to scrutiny. We make corporate governance law a practical tool for your team.
Risks we mitigate: Invalid or challengeable decisions, perceptions of bias, breaches of gift or lobbying rules, and unclear roles between councillors, executives, and directors of council-owned entities.
Typical deliverables:
- Governance charters and terms of reference.
- Delegations of authority registers and instruments.
- Conflict of interest registers and management protocols.
- Plain-English guidance and training on the Model Code of Conduct.
With clear governance established, your procurement becomes fair, consistent, and challenge resistant. Our advice on Corporate Governance clarifies obligations, while our support for Directors’ Responsibilities is crucial for council-controlled companies.
Contracts, Procurement and Commercial Transactions
You get: Probity-sound procurement, from initial planning to contract management, that respects statutory thresholds and social procurement goals under NSW law.
Risks we mitigate: Flawed evaluation criteria, confidentiality breaches, claims of unfair advantage, challengeable tender awards, and poor contract variation control.
Typical deliverables:
- Procurement and probity plans.
- Tender documentation and evaluation guides.
- Negotiation playbooks and probity protocols.
- Contract management frameworks and checklists.
Complex partnerships demand the same clarity, plus the right commercial structure. Our Commercial Advice is designed to deliver precisely that.
Mergers, Acquisitions and Joint Ventures
You get: Commercial structures that balance strategic outcomes with community confidence, ensuring accountability and competitive neutrality (ensuring council businesses are not unfairly advantaged).
Risks we mitigate: Unclear accountability frameworks, breaches of competitive neutrality principles, director liability exposure, and community consultation missteps.
Typical deliverables:
- Joint venture term sheets and shareholder agreements.
- Due diligence scopes and reports.
- Governance advice for council-controlled entities under the Corporations Act.
- Documented “public interest” decision records and transition plans.
Every modern operation, regardless of structure, relies on lawful information handling. For specialised transaction support, our Mergers & Acquisitions team provides end-to-end guidance.
Privacy, Data Protection and IP Management
You get: Practical rules for data handling, information access, and IP ownership that align with your obligations under the PPIP Act, HRIP Act, GIPA Act, and State Records Act.
Risks we mitigate: Unlawful data disclosure, weak third-party vendor clauses, risks from offshore cloud storage, GIPA conflicts with confidentiality, and unclear IP ownership between council, contractors, and the public.
Typical deliverables:
- Privacy Impact Assessments (PIAs) for new projects.
- Information access triage processes under the GIPA Act.
- Data breach response plans.
- IP ownership schedules and licensing agreements.
If you’re asking questions about your data obligations, you’re not alone. Navigating the rules for Privacy and Data Protection is a common challenge we help solve.
Frequently Asked Questions
A clear, documented process is essential. This involves defining conflict types (pecuniary and non-pecuniary), establishing rules for when and how they must be disclosed, and outlining the mechanics for recusal from discussion and voting.
Maintaining a formal register is a key part of transparent Corporate Governance.
No. Exemptions under the Local Government Act may adjust the process (e.g., not requiring a public tender), but they do not remove the core duty of fairness and value for money. The rationale for using an exemption must be clearly documented to withstand scrutiny. We provide Commercial Advice to manage these situations correctly.
The GIPA Act creates a presumption in favour of releasing government information. While a confidentiality clause is a factor in assessing the public interest, it does not automatically override your GIPA obligations. Contracts should be drafted to acknowledge these duties, managing third-party expectations from the start.
Yes, but under strict conditions. You must conduct a thorough risk assessment and make certain the overseas provider can meet the privacy protection principles under the PPIP and HRIP Acts. This includes assessing their security measures and the legal framework of their host country.
These duties apply directly to the individuals appointed as directors of a company that the council controls or has created. While they are appointed by council, their primary duties are to the company itself. Understanding these distinct Directors’ Responsibilities is critical to avoid personal liability.
The caretaker period before an election imposes restrictions on making major policy decisions, significant appointments, or using public resources in a way that could be seen as influencing the election. Planning for this period is crucial to ensure business continuity without breaching the conventions.
Contact Our Local Government Commercial Law Experts
The integrity of your organisation rests on the quality of your decisions. Our corporate government law team provides the clear, actionable advice needed for audit-ready procurement, compliant governance, and secure commercial ventures.
To discuss your specific governance, procurement, or transaction matter, speak directly with Malcolm Campbell, Partner and head of our Commercial team.
Contact us to schedule a confidential consultation.
