Contract Lawyers in Melbourne

Most contract disputes are decided before they start

Whoever drafted the words usually wins. A clean clause on termination, a tight definition of “material breach”, a well-drawn dispute resolution path: these decide outcomes long before anyone calls a lawyer. The flip side is also true. A vague payment term or a missing limitation of liability is the reason a six-figure argument lands on a barrister’s desk two years later.

Get it right at the drafting table, or get it litigated. MK Law Group is a Melbourne civil law firm that does both, and the same contract lawyer handles each.

Call 1800 130 120 today for a free first call with a Melbourne contract lawyer. Bring the document, or bring the email chain.

The perfect contract is one you put in a drawer and never read again. Both parties know what they agreed and honour it, so the written agreement is never tested. When a dispute does arise, a clear document has already anticipated it, and that is usually enough to avoid a court of law altogether. The cost of getting the words right is a fraction of the cost of proving a breach later.

What a contract lawyer actually does

A contract lawyer works on the front end and the back end of every commercial deal.

Drafting and review. Supply agreements, services agreements, joint-venture agreements, shareholder agreements, distribution agreements, NDAs, terms and conditions, and the heads of agreement that sit above them. We draft from scratch where the deal is novel, and we review and mark up the other side’s draft where it is not. Plain English where possible, defined terms where necessary. Commercial contracts sets out what goes into each document and how a review before signing works.

Contract disputes. Breach claims, repudiation, frustration, termination disputes, recovery of damages and specific performance applications. See breach of contract and the broader contract disputes page for how we run each file.

The same lawyer who drafts your contract is the one who knows how to fight on it. That continuity is the point, and you can read about the firm before you pick up the phone. As one of the few firms that genuinely does both, MK Law Group will give you an honest assessment of your prospects, not a reflexive push toward litigation when a commercial solution is the better outcome.

Get the contract reviewed before you sign anything

Having a contract reviewed by a lawyer before you sign is responsible business practice, and it can save you a fortune. A short piece of legal advice tells you what obligations you are taking on, where the risk sits, and which clauses to push back on while you still have room to negotiate. We frequently act for clients who never obtained advice in the first place and then had to fight it out in the courts. The cheapest dispute is the one a well-drafted agreement prevents, so getting it right at the outset is always money well spent.

Have your contract reviewed

Breach of contract: what you have to prove

To prove a breach you need four things. A binding contract, a breach of a term, a causal link between the breach and your loss, and quantifiable loss. Miss one and the claim fails. Before we send a letter of demand, we work through each element: whether there is a suitable, enforceable agreement between the parties, the evidence of failure to meet contractual obligations, your own performance under the contract, and the extent of the loss you have suffered.

The damages principle comes from Hadley v Baxendale (1854). You can recover losses that arise naturally from the breach, plus losses that were reasonably within the contemplation of both parties at the time of contracting. Lost profits on a parallel transaction the other side knew nothing about usually fall outside that scope. This is why pre-contract communication matters in litigation: what you put in writing before signing can expand or shrink what you recover later.

Limitation period for a simple contract in Victoria is six years from the date of breach under the Limitation of Actions Act 1958 (Vic). Deeds get fifteen. If your last unpaid invoice is older than six years, expect a limitation defence.

Repudiation: when the other side has walked

Repudiation is the other side’s conduct telling you, by words or behaviour, that they will not perform the contract or will only perform on terms inconsistent with it. A supplier saying “we are not delivering” is repudiation. A buyer demanding a 30 percent discount as the price of continuing is often repudiation. Persistent late payment, depending on the agreement, can also amount to it.

When one party repudiates, you have an election to make. Accept the repudiation, terminate the contract and sue for damages. Or affirm the contract, keep it alive, and demand performance. The choice has tax, commercial and litigation consequences, and once you make it you usually cannot reverse it. Your contract may also require an early step, such as a clause directing the parties to mediation or arbitration before any proceedings, and another sensible move is to notify the other party so they have a chance to remedy the situation. Get advice before you fire off a termination notice. Our repudiation of contract page goes deeper.

Specific performance vs damages

Damages are the default remedy. Money compensates you for the position you would have been in had the contract been performed.

Specific performance is the exceptional remedy. The court orders the other side to actually perform the agreement. It is most often granted where damages would be inadequate, typically in land sales, share transfers, and contracts involving unique goods or restraint of trade. We assess specific performance early in every breach matter because the threat of it changes settlement dynamics. Where appropriate we also seek equitable remedies such as rectification, where the written contract did not record what the parties actually agreed.

Common commercial contracts we handle

We draft and litigate on:

• Supply agreements for manufacturers, importers and wholesalers
• Services agreements covering consulting, managed services and SLAs
• Employment contracts and independent contractor agreements
• Joint-venture agreements, both unincorporated and incorporated
• Shareholder agreements with drag-along, tag-along and deadlock provisions
• Building and construction contracts, including progress-payment and defects regimes
• Distribution and agency agreements, including territory and post-termination restraints
• NDAs and confidentiality deeds for employees, suppliers and M&A diligence

We also act on settlement deeds, deeds of release, heads of agreement, terms of trade, commercial leases and personal guarantees, for individuals and businesses alike.

Unfair contract terms under the Australian Consumer Law

Since the Australian Consumer Law reforms, unfair contract terms in standard-form consumer and small-business contracts are void and now attract civil penalties. A term is unfair if it causes a significant imbalance, is not reasonably necessary to protect the legitimate interests of the party benefiting from it, and would cause detriment if relied on. Auto-renewal traps, unilateral variation clauses and one-sided indemnities are the most common offenders. If a contract has been used against you, or you are wondering whether your standard form is enforceable, we can review it.

When a dispute has to be fought, we act fast to protect your business

In a contract dispute, public knowledge of the situation can disrupt the day-to-day running of a business, so the security of your business often depends on quick action. Where litigation is the right call, our team takes prompt steps to protect your commercial interests and your reputation while keeping the business running. We weigh enforcing the terms of the contract, terminating and recovering money already spent, or suing for damages, then pursue the path that gives you the strongest position. Mediation and negotiation come first wherever they can resolve the matter without the cost and delay of a trial.

Talk to a litigation lawyer

Dispute resolution: negotiation, mediation, then court

Most contract disputes never reach a courtroom, and that is usually the better commercial outcome. We open with a clear letter of demand, which resolves a large share of matters on its own. Where it does not, mediation gives both sides a structured chance to settle on terms you control, rather than terms a judge imposes. Litigation is the last resort, reserved for the matters that genuinely need it, such as where the other side will not engage or where an injunction is required to stop ongoing harm.

Cost

Drafting and review scale with the document. A simple agreement is a short job. A joint-venture or shareholder agreement takes far more care, because there is more in it that can go wrong three years later.

Disputes are less predictable, because so much of it depends on how hard the other side digs in. Most of ours end at the letter of demand or in negotiation before anything is filed, and we only escalate when escalating buys you something. The first call is free and we scope the work on it. Common questions about timing, evidence and what happens once you engage us are answered in our frequently asked questions.

Where we appear

Contract claims under $100,000 sit in the Magistrates’ Court of Victoria. Claims between $100,000 and the Supreme Court threshold sit in the County Court of Victoria. Larger and more complex disputes, and any matter requiring injunctive relief, go to the Supreme Court of Victoria. Some consumer, small-business and tenancy contract disputes are heard at the Victorian Civil and Administrative Tribunal (VCAT). We appear across all of these and brief Victorian Bar counsel where the matter requires it. For disputes that escalate beyond a single contract, see our commercial litigation page, and for where contract work sits within our wider civil practice, the civil lawyers Melbourne hub.

Talk to a Melbourne contract lawyer today

If you need a contract drafted, a draft reviewed before you sign, or advice on a breach that has already happened, call 1800 130 120 or use the form on this page. The first call is free. We answer evenings and weekends because commercial problems rarely respect office hours.

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