Commercial contracts need to be watertight to ensure there is little room for a dispute to arise over the meaning contained in the contract wording.
Contract disputes require specialist legal advice to articulate the terms of any pre-negotiation discussion, whether there was adequate consideration and whether any contract is verbal, written, express or implied.
Examples of contract disputes include, but are not limited to the following:
- Partnership disputes;
- Shareholder disputes;
- Breach of contract;
- Australian consumer law disputes;
- Misleading and deceptive conduct and unconscionable conduct;
- Construction disputes;
- Professional negligence claims;
- Property and lease disputes;
- Business disputes;
- Franchise disputes;
- Partnership and shareholder disputes; and
- Intellectual property infringement claims
Complex contractual claims require a thorough appreciation of contract variations and your rights and obligations. Our Commercial Dispute Resolution team is led by an Accredited Specialist in Commercial Litigation – Mr Mark Streeter.
Our Commercial Dispute Resolution team delivers specialist dispute resolution services.
The parties, the terms and the existence of an agreement between the parties are an essential element of the enquiry into the enforceability of every contract. Fundamental to this enquiry are the following:
(a) The identity of the parties to the agreement;
(b) The subject of the agreement (for example to undertake work or provide specified goods or services);
(c) An acceptance of the offer to provide the subject of the agreement on the terms offered;
(d) Performed in accordance with the agreement;
(e) Tax invoices being issued and demands for payment made; and
(f) Payment not being made