Contracts & Commercial Disputes

Our Sydney lawyers handle a wide range of contract disputes, including those related to:

• Service agreements;

• Supplier contracts;

• Construction contracts;

• Terms of trade;

• Terms and conditions;

• Shareholder agreements;

• Property contracts (including those related to the purchase and sale of residential premises or businesses);

• Lease agreements (including both residential and commercial);

• Finance agreements.

Common causes of contract disputes include:

• Parties who do not conduct themselves in accordance with the terms of the contract;

• Terms which have not been drafted with clarity causing confusion amongst the parties;

• Conflicting interpretations of contractual clauses because of a lack of precision when drafting contracts;

• Failure to perform contractual obligations;

• Disagreements over contract amendments, extensions and variations.

Settling a contract dispute out of court can save time, reduce legal costs and preserve business relationships. It often results in a more flexible solution that meets both parties' needs rather than leaving it up to the Court to decide what works for both parties.

Commercial Litigation refers to legal disputes of a commercial nature which are generally litigated in a Court or Tribunal. Such disputes include but are not limited to contractual breaches, partnership disputes, issues with suppliers and failure to make payment of monies outstanding.

This will depend on the complexity of the facts in your dispute. Generally, Courts aim to have the matter finalised within 12 months. It is not uncommon for matters to take several years to be finalised, but this is generally the case for more complex disputes.

There are a number of costs associated with litigating a matter. These costs include Court filing fees, lawyer fees, costs associated with briefing expert witnesses and costs associated in retaining a barrister. Accordingly, the total costs can vary and, typically, the more complicated the case the more expensive it will be to litigate.

A standard business contract should clearly outline the parties involved, clearly specify the terms of the agreement, establish payment terms, set delivery schedules, include confidentiality clauses and define dispute resolution mechanisms.

Not having properly drafted business contracts can lead to misunderstandings, disputes and legal issues. This increases the risk of unenforceable terms, financial losses and damage to business relationships. Well-drafted contracts clearly outline the terms of the agreement and protect your business from disruption.