Contract Disputes
Contract disputes arise when parties disagree about performance, interpretation, termination or the commercial consequences of a contractual relationship breaking down. These disputes often sit at the centre of broader commercial, operational or governance issues and can affect revenue, supply chains, service delivery, business continuity and stakeholder relationships. In many cases, the dispute turns not only on the wording of the agreement but also on the commercial purpose of the arrangement, the conduct of the parties and the practical realities of the business environment in which the contract operates.
We act for companies, directors, shareholders and commercial parties involved in contract disputes across Victoria. Our work focuses on identifying the issues early, assessing the legal and commercial risks, and developing a strategy that protects our clients’ interests while maintaining clarity and control throughout the dispute.
Where contract disputes commonly arise
Contract disputes often emerge when one party alleges that another has failed to perform, has acted inconsistently with the terms of the agreement or has taken steps that undermine the commercial purpose of the arrangement. These disputes may involve questions about the meaning of particular clauses, the scope of obligations, the adequacy of performance or the consequences of delay or non‑performance. They also arise in situations where one party seeks to terminate the agreement, alleges repudiation or disputes the validity of a termination notice. Issues relating to payment, delivery of goods or services, confidentiality, restraints and post‑termination obligations frequently form part of the broader dispute.
In many cases, the dispute is complicated by commercial pressures, competing interpretations of the agreement or the need to preserve ongoing business relationships while the issues are resolved. Contract disputes also commonly intersect with issues arising under the Australian Consumer Law, particularly where allegations of misleading or deceptive conduct, false representations or unfair contract terms are raised alongside questions of performance or interpretation. These issues often influence the remedies available and the strategic approach adopted.
Where we make an impact
We are engaged in contract disputes where the commercial stakes are significant and the issues require clarity, structure and sound judgment. Our work often involves disputes that affect ongoing operations or key commercial relationships, where contractual uncertainty is creating financial or governance risk, or where performance issues are disrupting supply chains, service delivery or revenue. We also act in matters where termination or repudiation has immediate commercial consequences, where confidential information or competitive position is at risk, or where a negotiated outcome must be balanced against litigation risk. In urgent situations, we assist clients in taking immediate steps to protect assets, information or market position.
Our approach is grounded in understanding the commercial context in which the dispute has arisen and the practical realities that shape the available options.
Breach, repudiation and termination
A significant proportion of contract disputes turn on whether a party has breached an essential term, committed a serious or fundamental breach or repudiated the contract through conduct or communication. These issues often require careful analysis of the agreement, the surrounding circumstances and the conduct of the parties over time. We assist clients in determining whether termination is available, whether a repudiation should be accepted or rejected, and what remedies may be pursued, including damages, specific performance or other forms of relief. The consequences of these decisions can be substantial, particularly where the contract underpins ongoing commercial operations or long‑term business arrangements.
Urgent issues and interlocutory relief
Some disputes require immediate intervention to protect commercial interests. We act in urgent applications seeking to restrain conduct that breaches contractual obligations, prevent the misuse of confidential information, enforce restraints of trade or preserve assets pending the resolution of the dispute. These applications often proceed on short notice and require precise preparation, clear evidence and a disciplined approach to the issues in dispute. We assist clients in determining whether urgent relief is appropriate and in preparing the material necessary to support an application in the Supreme Court or other jurisdictions.
Dispute resolution and litigation
Contract disputes may be resolved through negotiation, mediation, expert determination, arbitration or litigation. The appropriate pathway depends on the nature of the dispute, the commercial objectives of the parties and the practical realities of the contractual relationship. We guide clients through each stage of the process, ensuring that the strategy adopted aligns with broader commercial priorities and that the dispute is managed in a way that minimises disruption and preserves value where possible. Where litigation is required, we act in proceedings in the Supreme Court of Victoria, the County Court and other jurisdictions.
Who we support
We support clients involved in contract disputes across a broad range of industries and commercial environments. Our work includes acting for private companies, directors and shareholders navigating disputes that affect governance, operations or long‑standing commercial relationships. We also assist professional services firms, technology and service providers, manufacturers, distributors and businesses engaged in supply, licensing or service arrangements where performance or delivery is in dispute.
We regularly advise clients facing disputes that arise in the context of joint ventures, partnerships, commercial collaborations and settlement agreements. Whether the dispute concerns a single transaction or forms part of a wider commercial or governance issue, we provide clear guidance and representation tailored to the circumstances.
How we assist
We advise and represent clients in disputes involving breach of contract, repudiation and termination, the interpretation of terms, supply and service arrangements, joint ventures, partnerships and settlement agreements. Our work also includes disputes concerning confidentiality, restraints, misleading or deceptive conduct, false or misleading representations and matters involving unfair contract terms under the Australian Consumer Law. We also act in disputes requiring urgent interlocutory relief.
Our approach is grounded in careful analysis, disciplined preparation and a clear understanding of the commercial environment in which the dispute has arisen. We focus on identifying the issues early, assessing the legal and commercial risks and developing a strategy that protects our clients’ interests while maintaining clarity and control throughout the dispute.
Regulatory and legal framework
Contract disputes in Victoria operate within a legal and regulatory environment that brings together contractual principles, statutory obligations, equitable doctrines and the procedural expectations of the courts. These frameworks shape the strategy adopted, the evidence required and the options available to parties seeking to resolve a dispute.
Our work frequently involves the application of the general law of contract, including principles governing interpretation, performance, breach, repudiation and termination. Many disputes also intersect with the Australian Consumer Law, particularly where allegations of misleading or deceptive conduct, false representations, unconscionability or unfair contract terms arise alongside questions of contractual performance or commercial purpose.
Equitable principles often play a role, especially in matters involving duties of confidence, fiduciary obligations or disputes arising from joint ventures, partnerships or other collaborative commercial structures. In some industries, regulatory requirements and professional standards influence the rights and obligations of the parties and inform the approach taken to compliance, governance and decision‑making.
Contract disputes are also shaped by the procedural and evidentiary expectations of the Supreme Court of Victoria, the County Court of Victoria and the Federal Court’s Melbourne Registry, particularly in relation to interlocutory relief, case management and the preparation of commercial matters for hearing. Understanding how these courts approach urgent applications, contested evidence and the management of complex disputes is central to developing an effective strategy.
Some matters resolve through negotiation or targeted engagement with counterparties or regulators. Others proceed to court, where strategic preparation, evidentiary discipline and a clear understanding of how judges manage commercial disputes in Victoria’s superior courts become essential to achieving a favourable outcome.
Key litigation questions
Clients involved in contract disputes often seek clarity on issues that shape both strategy and commercial outcomes. Common questions arise around:
• the strength and defensibility of their contractual position
• the consequences of breach, repudiation or termination
• the interaction between contractual rights and Australian Consumer Law obligations
• the evidence required to support or defend a claim
• the timing, cost and procedural steps involved in resolving the dispute
• whether negotiation, mediation or litigation offers the most effective pathway
We provide direct, commercially grounded guidance to help clients make informed decisions at critical moments in a dispute.
-
It is important to review the agreement, gather relevant documents and communications, and obtain advice before taking any steps. Acting too quickly — including issuing a termination notice — can create additional risk and may affect the remedies available
-
Repudiation depends on whether the conduct demonstrates an unwillingness or inability to perform essential obligations. This assessment requires careful analysis of the terms of the agreement, the surrounding circumstances and the conduct of the parties over time.
-
No. Many disputes resolve through negotiation or mediation once the issues are clarified and the commercial risks are understood. Litigation is generally pursued where the dispute cannot be resolved or where urgent relief is required to protect commercial interests.
-
In appropriate cases, urgent applications can be made to restrain conduct, protect confidential information or preserve assets. These applications require clear evidence and precise preparation, and are often determined on short notice by the Supreme Court or other jurisdictions.
-
We map the relationships, identify the key issues, assess contribution and indemnity risks, and develop a coordinated strategy. Multi‑party disputes require careful sequencing and clear communication to avoid unnecessary complexity.
-
Urgency can determine whether an injunction, freezing order or other interim relief is required. We act quickly to prepare the necessary material and ensure the court has what it needs to intervene when appropriate.
-
Timeframes vary depending on the complexity of the dispute, the willingness of the parties to negotiate and whether litigation is required. Early advice can help narrow the issues, reduce delay and improve the prospects of a commercially sensible outcome.
Speak with us
Contract disputes often move quickly and can have immediate commercial consequences. Obtaining early advice can help clarify your position, manage risk and ensure that the steps you take support your broader objectives. We assist clients in navigating these issues with clarity and confidence.
