When is the right time for a growing business to hire a commercial lawyer?

The right time is before something goes wrong, not after. Most businesses first engage a commercial lawyer when a problem has already surfaced: a contract dispute, a co-founder falling out, or a regulatory issue. Engaging early, before you sign major agreements, bring on investors, or hire staff, costs significantly less than unpicking a poorly structured deal later. As a general rule, if the decision involves money, ownership, or a long-term commitment, it warrants a legal review.

How do I choose which lawyer to work with?

Look for a lawyer with direct experience in commercial matters relevant to your business, not just a general practice background. Check whether they have acted for businesses at a similar size and stage to yours. Communication is also worth testing early; your lawyer should be able to explain your position and your options in plain language. At Lazarus Legal, matters are handled by solicitors with hands-on commercial experience, including work across Australian and international jurisdictions.

What industries do Lazarus Legal commercial lawyers typically serve?

Lazarus Legal works with businesses across technology, retail, construction, hospitality, professional services, and financial services. The firm also advises startups and growth-stage companies on shareholder agreements, equity structuring, and intellectual property. Much of the work is transactional and advisory, though Lazarus Legal also handles commercial disputes when they arise.

How much does Lazarus Legal charge for commercial legal services?

It depends on the nature of the work. Defined tasks, such as contract reviews, business formations, and document drafting, are typically quoted at a fixed fee so you know the cost upfront. More complex or ongoing matters may be billed at an hourly rate. Lazarus Legal discusses fees at the outset so there are no surprises mid-matter. The firm also offers retainer arrangements for businesses that prefer predictable, ongoing access to legal support.

How does having a commercial lawyer on retainer benefit my business?

A retainer gives you legal advice when you need it, without the delay of briefing someone new each time a question comes up. For growing businesses, that means faster decisions on contracts, negotiations, and compliance issues. It also means your lawyer builds working knowledge of your business over time, which produces more targeted advice. Lazarus Legal offers retainer arrangements for businesses that want proactive legal support built into how they operate, rather than reactive help after problems emerge.

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Buy SMSF property without breaking the rules.

Buying property through an SMSF can be an effective way to grow your retirement wealth while gaining direct control over your investments. However, SMSF property purchases involve strict borrowing rules, compliance obligations, and ongoing responsibilities that should be carefully considered before investing.

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types of SMSF property investment

SMSFs give members the ability to take control of their retirement savings, including investing directly in property. With your super, you can invest in both residential and commercial property, so long as your purchase meets the strict rules set by the Australian Taxation Office (ATO), and with the sole purpose of providing you with retirement benefits.

using SMSF to purchase residential property

Residential properties refer to homes, apartments, townhouses, or units meant for people to live in. When you use your super to buy this type of property, you can enjoy various benefits, including lower taxes, potential capital gains, and rental income from tenants. If you’re a first-time investor, buying residential property with SMSF is easier to manage and understand and offers stable rental demand, especially in high-demand areas.

As a trustee, however, there are strict rules to comply with. This includes the following:

The property cannot be lived in by trustees, members, or related parties.
The property cannot be rented to trustees, members, or related parties.
The property must be purchased at market value.
The investment must be held solely for the purpose of providing retirement benefits to members.

using SMSF to purchase commercial property

Commercial property includes office buildings, warehouses, retail premises, and industrial facilities. Investing in commercial property through an SMSF can provide higher rental yields, stable income streams, and greater flexibility for business owners. In certain circumstances, the property can be leased to a related business, making it an attractive option for investors and business owners seeking greater control over their business premises.

Trustees must ensure the investment complies with SMSF regulations, including the following:

The property can be leased to a related business if market rent is charged.
A formal lease agreement must be in place.
The property must be used solely for genuine business purposes.
The investment must satisfy the sole purpose test and provide retirement benefits to members.

staying compliant after buying property with SMSF

Whether you choose a residential or commercial property, navigating the rules around SMSF property requires careful planning and expert advice. The ATO requires regular reviews and market valuations, so getting help from SMSF accountants and auditors is crucial for maintaining accurate records and documentation. In addition, your fund will still need to meet its obligations, like pension payments and compliance costs, so professional advice is needed to help you manage your fund. At DKM Accounting, we help trustees with:

SMSF
Setup

We ensure your SMSF is fully set up and help identify assets that align with your investment goals and fall within your borrowing capacity.

Property Evaluation

We evaluate whether your chosen residential or commercial SMSF property is suitable for your needs.

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compliance

We help oversee management of your super, from structuring SMSF loans correctly to meeting ATO compliance requirements and preparing for audits and maintaining accurate records.

Investment
Strategy

Property can be a powerful part of your investment strategy and we can help you prepare, review and update your fund, ensuring compliance with super laws.

Borrowing for SMSF Property

Buying property with SMSF is achieved through SMSF loans, also known as a limited recourse borrowing arrangement (LRBA). If your super doesn’t have enough capital to buy your chosen property outright, you can take out a loan from a third-party lender.

To limit the lender’s access to other assets under the SMSF, a separate property trust and trustee is established. While the property sits outside the SMSF’s structure, all income and expenses related to it still flow through the super fund’s bank account. The super fund is responsible for making all loan repayments. If it defaults, the lender’s recourse is limited to the property and they cannot touch any other asset within the SMSF.

While borrowing money for an SMSF property investment is possible, SMSF loans typically have stricter criteria than a normal property loan you might take out as an individual. It also comes with higher costs, like a higher deposit (from 20-30%), which must be paid from the fund, so all these must be taken into account to determine whether the investment is worthwhile.

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SMSF property: the rules that decide what you can do

Living in a property your SMSF owns

You can’t live in a residential property your SMSF owns while the fund holds it, and neither can any relative, because that use fails the sole purpose test. You can only move in after the property leaves the fund, which means reaching a condition of release and transferring it into your own name. Example: getting the timing and the tax right A member wants to eventually retire into a unit her fund owns. She can’t occupy it while the fund holds it, however close to retirement she is. Once she turns 60 and retires, or reaches 65, she meets a condition of release and can take the unit out of the fund, either by buying it at market value or receiving it as an in-specie lump sum. That transfer is a capital gains event for the fund, so if it’s done while the fund is paying her a pension the unit supports, the gain can be exempt rather than taxed at 15%. The rule that trips people is preservation age: for anyone reaching it now it’s 60, not the old 55, and reaching it alone isn’t enough, you also need to have retired or turned 65.

What property your SMSF can buy from you, and what it can't

An SMSF generally can’t buy an asset from a member or a relative, but one exception matters enormously for property: it can acquire business real property, like your commercial premises, from a related party at market value. It cannot acquire residential property from a related party at all, even at full market value.

Example: the shop yes, the rental house no

A member owns the warehouse her company trades from, and also owns a residential investment unit. She can sell the warehouse to her SMSF, because business real property is a specific exception to the related-party rules, as long as an independent valuation sets a genuine market price and the sale is properly documented. The unit is a different story: because it’s residential and she’s a related party, the fund simply can’t buy it, market value or not. This is the wall most people hit when they try to move an existing investment property into their super, and there’s no workaround.

Renting out SMSF property, including short-stay and Airbnb

An SMSF property has to be rented to genuinely unrelated tenants at market rates, with income and expenses running through the fund’s own bank account, and short-stay letting like Airbnb is allowed on exactly the same terms. What’s never allowed is any use by a member or a relative, even for a single night and even if they pay.

Example: the weekend that breaks the fund

A fund owns a coastal unit and lets it on Airbnb to unrelated guests at standard nightly rates, with every booking and cost flowing through the fund’s account. That’s compliant, and short-stay yields can suit an SMSF well. The breach comes the moment the trustee’s family uses the unit for a weekend, or the trustee blocks out a fortnight each summer, because that’s a related party taking a present-day benefit from the fund’s asset. Paying market rate for the stay doesn’t cure it. The property has to be genuinely off-limits to the members and their relatives the whole time the fund owns it.

How much can an SMSF borrow to buy property?

Usually up to 80% of a residential property or 70% of a commercial one, though what the fund can actually manage depends on its balance and the cash buffer the lender wants it to hold. The full breakdown, including the deposit and liquidity maths, is on our SMSF loans page.

Locations

Bella Vista, NSW 2153

Location

408, 29 Lexington Drive Bella Vista NSW 2153

Hours

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Contact

(02) 9788 1850

Deakin, ACT 2600