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Settle commercial contract disputes in a way that positions your business for future success.
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Contract Lawyers in Melbourne: Expert Assistance for Drafting, Reviewing, and Resolving Contracts
At Pentana Stanton Lawyers, our team of contract lawyers in Melbourne is dedicated to assisting clients with all aspects of contract law. Whether you need help drafting or reviewing a contract, or if you find yourself in a contractual dispute, our experienced lawyers are here to provide expert guidance and representation..
Drafting and Reviewing Contracts
Our contract lawyers have extensive experience in drafting and reviewing various types of contracts. We understand the importance of clear and precise contract terms to protect your interests and minimize the risk of future disputes. Some of the contracts we can assist you with include:
- Shareholders agreements and partnership agreements
- Franchise agreements
- Sale of business agreements
- Confidentiality agreements and NDAs (Non-Disclosure Agreements)
- Joint venture and partnership agreements
- Loan agreements
- Terms and conditions and website terms of use
- Business deeds
- Service and consultancy agreements
- Employment and contractor agreements
- Distribution and supply agreements
- License agreements
No matter the complexity or nature of the contract, our lawyers will meticulously review every clause and detail to ensure your rights and interests are fully protected.
Business Insolvency Options
Clear Breach
One or more parties have breached the contract.
Disputed Definitions
Parties disagree over the meaning of particular terms or clauses.
Unenforceable Terms
Clauses are either inconsistent with the law or held to be unfair.
Misleading and Deceptive Conduct
One or more parties have engaged in misleading or deceptive conduct.
Resolving Contractual Disputes
Contracts are legally binding agreements, and when one party fails to fulfill their obligations, a contractual dispute can arise. Our contract lawyers are skilled in resolving contractual disputes and finding effective solutions for our clients. We can assist you with:
- Identifying breaches of contract and assessing the impact on your rights and interests.
- Advising on the available remedies for contract breaches, such as damages, specific performance, renegotiation of terms, or termination of the contract.
- Representing you in negotiations and mediation to reach a favourable resolution.
- Initiating legal proceedings and advocating for your rights in court, if necessary.
We understand that contract disputes can be disruptive and costly, which is why we strive to resolve them efficiently and in a manner that aligns with your best interests.
Dispute Prevention Strategies
It’s easier to avoid disputes than to resolve them. When you’re negotiating a contract, ask your solicitor about including dispute prevention strategies.
Liquidated Damages
Build in liquidated damages that are paid out by any party that commits a breach.
Dispute Resolution Clauses
Include formalised procedures to quickly and cost-effectively resolve disagreements.
Contingent Liability Clauses
Avoid future disputes by providing for situations that could arise if certain things do or don’t happen.
Why Choose Us as Your Contract Lawyers
When it comes to contract law matters, having the right legal representation is crucial. Here’s why you should choose our contract lawyers at Pentana Stanton Lawyers:
- Expertise and Experience: Our lawyers have extensive knowledge and experience in contract law. We stay up to date with the latest legal developments to provide you with accurate and effective advice.
- Tailored Solutions: We understand that each contract and situation is unique. Our lawyers will work closely with you to tailor our services to meet your specific needs and objectives.
- Strategic Approach: We take a strategic approach to contract law matters, aiming to protect your interests, minimize risks, and achieve the best possible outcome for you.
- Effective Communication: We believe in transparent and open communication with our clients. Our lawyers will keep you informed throughout the process, ensuring you understand your options and the progress of your case.
- Cost-Effective: We offer competitive and transparent pricing for our contract law services. We will provide you with a clear cost estimate upfront, so you can make informed decisions.
Contact Our Contract Lawyers in Melbourne
If you require assistance drafting, reviewing, or resolving a contract, our contract lawyers in Melbourne are here to help. At Pentana Stanton Lawyers, we are committed to providing high-quality legal services and protecting your rights and interests. Contact our litigation lawyer, Melbourne today to schedule a consultation and discuss your contract law needs.
Your Contract Law Team
Jesse LaGreca
Partner | Principal Solicitor
Jesse is a highly experienced commercial solicitor admitted at both the Supreme Court of Victoria and the High Court of Australia.
He excels at partnering with growing organisations to help drive sustainable growth.
Success Story
Practical Guides to Contract Law
When you’re preparing for your consultation with one of our team, reading up on the basics of contract law can be helpful.
Get started with our library of easy-to-read articles and guides.
Contract Disputes FAQs
How do you settle a contract dispute?
Contract disputes can be settled through informal negotiations, termination of the contract, formal processes like alternative dispute resolution, or court action.
If a matter goes to court and the Court finds in favour of the plaintiff, the plaintiff may be entitled to remedies, including:
- damages, which can compensate the plaintiff for losses, lightly punish the defendant, or fulfil a pre-agreed liquidated damages clause;
- specific performance of the contract, which involves the defendant fulfilling their duties under the contract; and
- injunctions, which are court orders designed to uphold a contract or repair a breach.
What is an example of a contract dispute?
A very simple example of a commercial contract dispute is if Company A paid Company B $100,000 upfront to supply Company A with goods by a certain date.
Company A doesn’t receive the goods by the due date, and Company B is not responding to calls or emails. Company A sends a letter of demand, receives no reply, and commences legal proceedings. Company B then responds, claiming that they had a data loss incident and that Company A’s order was lost.
In this situation, Company A, the plaintiff, would likely be entitled to either damages or specific performance (that is, Company B would have to compensate them for the $10,000 and resulting costs, or fulfil their side of the contract).
What defences are there for a breach of contract?
Contracts are designed to bind involved parties to a particular course of action, but, in some cases, there might be a legally valid reason for breaching a contract.
Often, the meaning of certain terms or clauses in the contract may be disputed. This can be due to poor syntax or punctuation, ambiguity in definitions, misidentified parties, or over-complication.
In other cases, one party might allege that a contract is legally unenforceable – that it has been drafted in a way that is extremely unfair, impossible to perform, or in contravention of existing laws. The statute of limitations defined in the contract may also have expired.
Finally, the contract may have been formed in a way that renders it invalid. In commercial contexts, invalidity is often introduced through misleading or deceptive conduct, but duress, undue influence, or lack of decision-making capacity by one of the signatories can all be defences if a contract is breached.
What is frustration of contracts?
Frustration is a state that occurs when a contract becomes impossible to fulfil in the way it was originally intended. This is normally the result of a frustrating event – an unexpected occurrence that affects the parties, the subject of the contract, or the environment in which it was to be fulfilled.
For example, frustration could occur if a party to the contract died or if a flood made fulfilment impossible. When a contract is found to be frustrated, it is automatically terminated, and all parties have their future obligations discharged.
Although frustration isn’t common (most situations are temporary, foreseeable or rectifiable), the growing severity of extreme weather events could lead to more frustrated contracts in the future.
