Meet Brian Smith

Director | Business Advisory Services
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Brian Smith

Director
Business Advisory Services

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 unitholder 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-focused 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.

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Diligent, experienced, pragmatic.

Acting extensively for small and medium-sized enterprises, Brian has comprehensive experience across all aspects of commercial law.
  • Automotive Business Advisory Services
  • Automotive Commercial Property Transactions
  • Business Sales and Purchases
  • Business Structuring
  • Commercial Insurance
  • Competition and Consumer Law
  • Contract Preparation and Advice
  • Corporate Structuring
  • Debt Recovery and Insolvency Services
  • Franchise Agreements
  • Limited Recourse Borrowing Arrangements
  • Mergers, Sales and Acquisitions
  • Motorsport
  • Planning Law
  • Public and Private Liability
  • Self-Managed Superannuation Funds
  • Shareholder and Partnership Agreements
  • Superannuation
  • Trading Terms and Conditions

Milestones

Qualifications
Bachelor of Laws | University of Tasmania
Memberships
Queensland Law Society
Admissions
1981 Supreme Court of Tasmania
1981 Supreme Court of Victoria
1981 Supreme Court of Queensland

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Publications by Brian Smith

06 September 2017 Firm Updates

MTA Queensland Racing Team Off and Running

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05 August 2017 Firm Updates

Bennett & Philp Lawyers Announced as Major Sponsor of the MTA Queensland Racing Team

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12 September 2016 News & Media

Auto Dealers Alerted to Consequences of 800,000 Vehicles Recall over Safety Issues

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