Some of the types of disputes our contract dispute lawyers provide advice are:
Disputes usually arise when a party has breached the terms of the contract or if the terms are unclear and ambiguous.
Sometimes, particular terms or clauses in a contract are unenforceable, which can result in the legitimate avoidance of what appears to be a valid contractual term.
Also, there are areas of law that sit above the terms of a contract and have the effect of overriding the contract, for example in the case of misleading and deceptive conduct under the Australian Consumer Law. This area of law is thus very complex in this space.
We regularly act for Plaintiffs where misleading and deceptive conduct is alleged – and the results in terms can be astonishing, even against large companies.
Our contract litigation lawyers have extensive experience in handling breach of contract disputes and can provide you with clear advice on your prospects of success and the prosecution of your claim if you are the aggrieved party or, alternatively, if the allegations are made against you, we can vigorously defend a misplaced claim or otherwise work hard to minimise the loss to you.
We also appreciate that sometimes a contractual dispute does not mean that the relationship is necessarily over. Sometimes firm yet careful negotiation can mean that a relationship can continue post the dispute.
What we can assure you of is that we make sure that you will have a full understanding of your legal rights and options available, which will hopefully minimise the disruption of the contract disputes on you or your business.
Some of the remedies you may have available if someone has breached a contract or agreement are:
Termination of the Contract – sometimes there are legitimate grounds to unilaterally terminate a contract. We regularly see instances where a party unlawfully terminates a contract. Arguments often arise about whether a party has the right to terminate and, especially in the building law space, a great deal can turn on which party is right.
Damages – there may be damages awarded for a quantified loss or paid as a part of a negotiated settlement.
Specific Performance – this is when a court makes an order requiring the other party to perform their particular contractual obligations.
Injunction – this is usually sought in urgent circumstances, where the other party needs to be restrained from doing something.
We are well experienced in all of the following contract litigation enforcement forums: Magistrates Court, County Court, Supreme Court Federal Circuit Court, Federal Court and Family Court and VCAT.
As to which court would suit your matter if it is, or becomes litigious, will depend upon the nature of the dispute and the amount of money sought by the Plaintiff / Applicant.
Our litigation lawyers are experienced in handling all types of disputes and appeals.