Contracts And Agreements

Whether you require advice or drafting our contract lawyers can assist you.

We can help with any types of business contracts and any for individuals as well.

We have extensive experience in drafting and advising clients on a range of variety of contracts that are used across a broad range of industries.

• Partnership Agreements
• Heads of Agreement
• Business Purchase and Sale Contracts
• Residential Property Contracts for Developers & Vendors
• Intellectual Property Contracts
• Commercial Contracts and Agreements
• Debt Agreements
• Distribution Agreements
• Employment Contracts
• Non-Disclosure Agreements
• Lease Agreements & Sub Leases, Assignments & Licence Agreements
• Shareholder Agreements
• Terms of Trade

Contract Advice & Contract Drafting

If you are considering entering into a contract for your business or your business regularly uses contracts and agreements you should ensure you engage an expert who regularly drafts contracts and agreements.

Particular attention needs to be paid to all aspects when drafting and reviewing contracts so that once the agreement is signed and in effect that you will be protected. It is important that the contract reflects the agreement between the parties and is concisely drafted.

Advice concerning contractual arrangements that you enter especially for the longer term should be considered carefully as these can impact the value of your business and the profitability. Most contract disputes arise because the contracts are poorly drafted or with ambiguous terms.

We pay particular attention to the standard terms and conditions

It is important that your contract lawyer pays particular attention to the standard terms and conditions, or boilerplate clauses. These whilst may seem mundane fineprint they set out how the contract is enforced and how the parties are to resolve disputes and more. They are the key areas that if negotiated correctly will level the playing field or advantage you if a dispute arises down the track.

Unfair Contract Terms

Many contracts that are used by businesses may fall under the Australian Consumer Law (ACL) and this provides protection for consumers from unfair contract terms.

It is important if your contract is being used for standard consumer contracts that you comply with the laws and that your contracts and agreements don’t give rise to action taken against you by the ACCC who enforces the ACL.

Contract Disputes

If a contract dispute arises there can be many different origins and a few solutions to fix the issue.
There can be varying degrees of severity of a breach of contracts or where a breach has not occurred but will. A skilled contract lawyer will be able to advise you of the type of breach and what can be done to remedy the situation.

Quite often where there are contract disputes there are ongoing commercial arrangements that need to be preserved. As a part of the negotiation our lawyers are sensitive to the commercial outcomes that need to be achieved. Finding the balance between enforcing your rights and continuing a commercial relationship can be difficult and our lawyers are skilled in assisting clients in these types of disputes.

Just as there are a few causes of a default or breach of contract or a dispute there are also a few remedies such as:

Dispute Resolution or renegotiate the terms of the Contract

We can assist in liaising with the other party to the contract to reach a resolution or amend the contract. This is typically the first step before other actions are taken.

Teminate the Contract

This can be done either by agreement or by one party. Depending on the severity of the breach this type of action could expose you further if you are the party that has caused the breach. It is important to ensure that before such drastic action is taken that you seek advice before you terminate a contract. If a contract is terminated without the consent or in certain events you can leave yourself exposed to the other party for damages.

Damages

Damages may be sought in the event of a default. The right legal advice regarding a default early can give you options to minimise the damages and help you consider non-monetary options to remedy the default.

Specific Performance

Specific performance is sought to force one party to perform their obligations under the contract. This involves seeking a court order. It can be used where a party has the ability to perform but is choosing not to.

Our lawyers will advise you and provide options depending on the circumstances of the breach and the parties. With the right legal advice you will be able to make the most informed decision about your contract disputes.

To speak to a lawyer about your contract matter call us today on 1300 907 335 or complete an online enquiry form.