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Contract Disputes

Our Contract Dispute lawyers have extensive expertise commencing litigation and defending against litigation which becomes necessary in a contractual dispute.

Our experience in contact disputes includes:

  • Agreements made between businesses
  • Contracts related to construction and development
  • Lease agreements for commercial properties.
  • Business contracts
  • Contracts for the dispersal of goods and services
  • Subcontractor Disputes
  • Employment disputes
  • Contract Disputes
  • Joint venture agreements
  • Shareholder agreements

We represent clients involved in proceedings in all State and Federal Courts and Tribunals. Generally, the amount of money in dispute will determine which court hears the matter, or technical factors will determine where it is heard. Our Contract Dispute Lawyers are experienced bringing litigation before the court for trial, and have conducted a large number of appeals in high levels of State and Federal Courts.

There are a number of ways a contract dispute may be resolved: from urgent injunctive relief to mediation or court-based litigation. Depending on your circumstances, our lawyers can provide clear advice on what options are available to you to resolve your issue.

Our contract dispute lawyers understand that a disagreement about the terms or effect of a contract does not need to result in the ending of an existing business relationship, and conduct ongoing assessments of your matter to ensure that an agreeable commercial outcomes remain within reach.

Breach of Contract

Most contract disputes will arise from one party being unable or unwilling to complete their side of the bargain. While no two breaches of contract are alike, they range in nature and consequence from minor and resolvable to severe and irreconcilable.

If you are aware of or suspect that another party intends to default on their contractual obligations, you may be entitled to damages. It is essential that you obtain legal advice on these circumstances to ensure that you understand your rights and obligations. If you are looking to end a contract we can also provide advice to ensure that you understand your rights and responsibilities. Improperly terminating a contract can result in a claim for damages made against you.

In some circumstances, the parties to a contract may disagree about the nature or impact of a specific clause within a contract, usually where it is ambiguous or the parties have different expectations about how it should be performed. These seemingly minor misunderstandings can have wide-ranging consequences, and it is important that you obtain legal advice to ensure your interpretation is correct.

Outcomes achieved through Commercial Understanding

Our contract dispute team prioritises resolving disagreements efficiently while minimising disruption to your business partnerships. Through skilled negotiation, our lawyers strive to achieve practical solutions that address your concerns and maintain a positive working relationship with the other party.

We understand that litigation is a last resort and will assess your legal standing and guide you towards efficient solutions which suit your business, such as negotiation or mediation.

If litigation is necessary to fully enforce your rights, our contract dispute lawyers have the experience to navigate the complexities of court proceedings effectively.

Contract Repudiation

Contract repudiation occurs when one party to a contract shows a clear intention that they can not or will not fulfil one or more of their obligations under the agreement. Repudiation can be express or implied by conduct, and does not automatically bring an end to the contract.

When one party repudiates a contract, the other party has the opportunity to choose whether to continue with the contract or accept the repudiation and elect to terminate the contract. If a party does not take appropriate action, they may be taken to have accepted the other parties conduct, and be made to continue with the contract. Additionally, the other party can not be in breach of the contract themselves.

Therefore, legal advice is essential when it appears that the contract has been repudiated. If a party incorrectly seeks to rely on the other parties action and improperly terminates the contract, they may be liable for damages as a result of that termination.

Typical Solutions for Contract Disputes

There are various options for addressing a breach of contract or agreement, which include:

  • Termination: contracts can be terminated under specific clauses or legal grounds. However, unlawful termination or improper repudiation can lead to more complex disputes;
  • Compensation: contractual breaches often result in financial losses. Negotiated settlements or court judgments can award monetary compensation to the harmed party. This requires evidence of measurable loss caused by the other parties breach. Compensation aims to restore the financial position a party would have been in if the contract were fulfilled;
  • Specific Performance: when money isn’t enough, courts can compel a party to fulfil their contractual obligations. Specific performance ensures the breaching party delivers what they promised in the contract. The goal of specific performance is to uphold the contract and restore the parties to the same position as if the contract had been fulfilled as intended;
  • Injunction: when immediate action is required, an injunction can prohibit a party from taking specific action that would worsen the situation. It serves to prevent a future breach of contract and, similar to specific performance, is utilised when monetary compensation would not adequately compensate the other party.

Our litigation experience

When dealing with disputes and litigation, it is crucial to approach the matter with thoughtfulness and expertise. While some lawyers may possess knowledge in other legal areas and contract drafting, not all have experience in the field of litigation.

Our firm has a wealth of experience in legal proceedings, representing our clients in various courts and tribunals such as the Magistrates Court, County Court, Supreme Court, Federal Circuit Court, Federal Court, Family Court and VCAT. Additionally, we have extensive knowledge and capabilities in appeals.

Our team is well-versed in handling a range of claims, from small to medium to very substantial. Each type of claim requires its own unique approach, and the size of the claim can also impact our approach.

Contact us

Our litigation team has the necessary depth to handle a wide range of contractual disputes. You can trust in our concise and professional approach, backed by extensive technical expertise in the law and commercial acumen.

Contact us now at 1300 907 335 or fill out an enquiry form and we will reach out to you promptly.

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