Every commercial dispute has a contract at its root – what’s important is to get a quick and effective resolution
From property deals, construction contracts and professional services, we are expert in unravelling contract disputes and giving practical advice for their resolution.
It pays to get clear advice from the start. We resolve disputes the smart way – without court action – wherever possible. But if litigation is the only way to resolve a conflict we get right down to business to protect your position.
Because contracts often come into effect informally – a verbal agreement – the outcome of a dispute often turns on what was said, by whom and when.
But even where an agreement is constructed in tightly worded documentation, there are often disputes about representations and assurances that led to one more of the parties signing up to the deal.
The first place to start is to examine all contractual documents including correspondence and emails. This requires expertise and experience from a dedicated legal team to arrive at a prima facie determination of “what was agreed”.
But what other tools do experienced lawyers draw on to arrive at a disputation solution.
The Australian Consumer Law offers relief in the case of:-
- unfair terms in “standard form contracts”
- statutory guarantees
- misleading and deceptive conduct
- unconscionable conduct
- false and misleading representations
If the customer does not acquire the goods or services as a “consumer” as defined above, only 3, 4 and 5 apply unless the customer is a “small business” in which case 1 “unfair terms” also applies. See Customers and Suppliers. See Unfair Terms and Misleading Conduct
Other solutions may arise under the ASIC Act or the Corporations Law when dealing with acorporate adversary.