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.
Industries Where Contract Disputes Commonly Arise
Contract disputes frequently arise in sectors where commercial relationships are complex, time‑critical and governed by detailed contractual frameworks. We act in disputes across a focused range of industries where contractual performance is central to operations and financial outcomes, including:
Professional services
Disputes involving advisory agreements, scope variations, fee arrangements, performance obligations and professional engagements.
Technology and software
Licensing disputes, development agreements, SaaS arrangements, implementation failures and service level breaches.
Construction and infrastructure
Variations, delays, payment disputes, subcontractor issues, defects and project delivery obligations.
Manufacturing and supply chain
Supply agreements, distribution contracts, quality disputes, delivery failures and commercial supply interruptions.
Logistics and transport
Service level breaches, delivery obligations, subcontractor arrangements, liability allocation and operational performance disputes.
Lease hire and equipment hire
Plant hire, machinery hire and commercial equipment leasing disputes involving non‑payment, damage liability, downtime claims and termination issues.
Property, development and commercial leasing
Joint venture agreements, development contracts, commercial lease disputes, make‑good obligations, rent arrears, termination issues and enforcement of lease terms.
Private companies and SMEs
Service agreements, commercial contracts, partnership arrangements and ongoing trading relationships.
Across these sectors, contract disputes often involve significant commercial consequences, urgent decision‑making and the need for clear, strategic advice. We act quickly to assess the dispute, protect your position and pursue the strongest commercial outcome.
How We Resolve Contract Disputes
Contract disputes require clear strategy, decisive action and a detailed understanding of the commercial context. Our approach is structured, efficient and focused on achieving the strongest commercial outcome.
Initial assessment
We review the contract, the surrounding circumstances and the conduct of the parties to identify the issues, risks and leverage points.
Strategy development
We provide clear, commercially focused advice on your position and the most effective path forward, whether that involves negotiation, enforcement or litigation.
Evidence and document review
We analyse correspondence, contractual documents, performance records and financial material to build a strong evidentiary foundation.
Negotiation and commercial resolution
Where appropriate, we engage with the other party to resolve the dispute efficiently and on terms that protect your commercial interests.
Mediation and alternative dispute resolution
We act in mediations and structured negotiations where a negotiated outcome is achievable and commercially sensible.
Litigation and enforcement
Where litigation is required, we act decisively in the relevant jurisdiction, including the Supreme Court of Victoria, to enforce your rights or defend claims.
Urgent applications
We prepare and act in urgent applications for injunctions, freezing orders and other interim relief where immediate action is necessary to protect your position.
Our focus is always on clarity, strategy and commercial outcomes. We act quickly to take control of the dispute and position you for the strongest result.
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.
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Act quickly. Preserve all documents, avoid escalating the dispute, and seek legal advice before sending any correspondence. Early strategy often determines the outcome. We assess your position, identify leverage points and advise on the most effective next steps.
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A breach occurs when a party fails to perform their obligations, performs them incorrectly, or indicates they will not perform at all. We review the contract, assess the breach and advise on remedies including damages, termination and enforcement.
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Repudiation occurs when a party shows they no longer intend to be bound by the contract. It allows the innocent party to terminate. Incorrectly treating conduct as repudiation can expose you to liability. We advise on whether conduct amounts to repudiation and the safest response.
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Termination rights may arise from a serious breach, repudiation or an express termination clause. We advise on whether termination is available and prepare notices to protect your position.
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Common remedies include damages, specific performance, injunctions, termination and restitution. The appropriate remedy depends on the nature of the breach and the loss suffered. We assess your options and act to secure the strongest remedy.
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Damages aim to place you in the position you would have been in had the contract been performed. This may include lost profits, wasted expenditure and consequential loss. We quantify loss, gather evidence and prepare damages claims.
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Misleading or deceptive conduct occurs when a party makes false or misleading representations that influence another party’s decision. Claims may arise under the Australian Consumer Law. We assess the conduct, evidence and available remedies.
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Yes. Enforcement options include issuing a demand, commencing proceedings, seeking specific performance or obtaining an injunction. We act quickly to enforce your rights and prevent further loss.
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Injunctions may be available to prevent a breach, preserve assets or compel performance. Courts grant injunctions where damages are inadequate. We prepare urgent applications and act in injunction proceedings.
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Most contract claims must be brought within six years from the date of breach. Some claims have shorter or longer limitation periods. We advise on limitation issues and act promptly to protect your rights.
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Many disputes resolve through negotiation or mediation. However, some require litigation, particularly where urgent relief or enforcement is needed. We act in both negotiated resolutions and court proceedings.
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A contract may still be enforceable if the parties reached agreement through conduct, emails or verbal discussions. We assess whether a binding agreement exists and advise on enforceability.
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Ambiguous contracts are interpreted using legal principles and surrounding circumstances. We analyse the contract, identify risks and advise on how courts are likely to interpret key terms.
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Courts may award costs to the successful party, but outcomes vary. Some contracts include costs clauses. We advise on cost exposure and strategies to minimise risk.
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We focus on early strategy, commercial outcomes and decisive action. We assess the dispute, identify leverage, advise on risk and act in negotiations or litigation to achieve the best outcome as efficiently as possible.
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.
