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BRIAN SMITH (Solicitor)
Director
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- Business Sales / Purchases
- Contractual Matters
- Joint Ventures
- Partnership/ Dissolution of Partership
- Partnership Management
- Consultancy Agreements
- Employment Contracts
- Buy/Sell Agreements
- Commercial Leases
- Insurance Litigation
Qualifications
LL.B (UTAS)
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Admission: 1981 | Supreme Court of Tasmania
1981 | Supreme Court of Victoria
1981 | Supreme Court of Queensland
Brian joined the firm in 2007 as a partner in the Commercial Group. Brian brings with him 26 years of experience as a solicitor in private firms and 19 years of experience as a partner. Brian established his own firm, Templeton Smith in 2003. Templeton Smith later became a part of Bennett & Philp in 2007.
Brian has always been heavily involved in litigation and commercial work since he was admitted. At one stage during his career Brian undertook Family Law to a significant extent. He now practices almost exclusively in the area of commercial law.
Brian’s work includes advising clients on contractual matters, joint ventures, partnerships, dissolution of partnerships, consultancy agreements, employment contracts, management agreements, buy/sell agreements, key employee remuneration plans and turn key agreements, to name a few.
He continues to advise businesses and companies in relation to corporate governance, mergers and acquisitions including scrip-for-scrip transactions. He advises on the sale and purchase of businesses, commercial leases and licences, securities including mortgages, defended insurance litigation cases particularly in respect of public liability, motor vehicles and fire, loan agreements and guaranties and indemnities.
Brian has worked in the litigation arena dealing with a range of commercial, insurance, personal injury, criminal, estate planning, tort actions specifically in defamation and planning and environment actions.
His more recent work includes:
Acting for a large company in leasing and the acquisition and sale of commercial property
Acting for an electrical and electronic systems design company in a range of commercial transactions including acquisition of commercial property and businesses and lease dealings
Advices to a club and gaming company in relation to the purchase of a hotel
With regards to the area of Planning and Environment, Brian has been involved as an instructing solicitor in various appeals before the Planning and Environment Court in relation to beef feedlots, lots expansion and Material Change of Use (MCU) applications.
Brian has issued proceedings before the superior courts of the land in all jurisdictions, he has also instructed on matters before the Court of Appeal in civil and criminal matters.
Brian’s clients are generally private individuals and businesses however has represented major insurance companies and self-insurers in defended insurance litigation. Brian is regarded as an expert in his field and his ability to deliver quality results within limited time frames places him in high esteem with his clients.
In his spare time, Brian has a passion for golf, tennis and skiing. He also enjoys spending time with his family.
Professional Affiliations
Queensland Law Society (QLS)