Contracts are the basis of most commercial dealings. They are essentially an agreement between parties as to their obligations owed to each other. Although commonly in writing, they may also be oral or inferred from other conduct.
Citilawyers acts for businesses, directors, sole traders, and individuals in contract disputes across Sydney and New South Wales. We advise on the strength of your position, the practical remedies available, and the most cost-effective path to resolution
Common examples of contractual disputes include:
Legal advice should be sought as soon as possible to ensure the best possible outcome.
Contractual disputes commonly arise where there is/are:
Our lawyers act in disputes across a wide range of commercial contracts:
For broader commercial advisory and contract drafting work, see our commercial law page.
When a breach is established, NSW law provides a range of remedies. The right remedy depends on the nature of the breach, the surrounding circumstances, and what the innocent party is trying to achieve commercially. Common remedies include:
Most contractual claims must be commenced within 6 years from the date of the breach under the Limitation Act 1969 (NSW). Exceptions may apply. Contact us for further information.
Most contract disputes are resolved before they reach a hearing. Our typical approach:
1. Initial assessment. We review the contract, the alleged breach, and the surrounding correspondence. We give you a clear written view of the strength of your position, the likely remedies, and the realistic prospects of recovery.
2. Letter of demand. A formal letter of demand from our office sets out the breach, the remedy sought, and the deadline for response. Many disputes are resolved at this stage.
3. Negotiation and mediation. Where the matter does not resolve on demand, we negotiate directly with the other party or their lawyers. For more complex matters, we arrange mediation, often producing faster, more cost-effective outcomes than litigation. See our article on mediation as an alternative to litigation.
4. Court proceedings. Where negotiation fails, we commence proceedings in the appropriate NSW court:
For an overview of how court proceedings work, see our guide to the civil litigation process.
5. Enforcement. Where judgment is obtained, we act on enforcement; see our debt recovery lawyers page for the full enforcement pathway.
We approach every contract dispute with three priorities:
Commercial pragmatism: Litigation is expensive and disruptive. We assess every matter against the cost of pursuing or defending it and advise you based on the most beneficial outcome.
Acting for both sides: We act for both plaintiffs and defendants.
Speed: We respond promptly and progress matters efficiently.
Our contract dispute lawyers act for clients throughout Sydney and across New South Wales, including Parramatta, Chatswood, North Sydney, Liverpool, Penrith, Ryde, Bondi Junction, Inner West, Sutherland Shire, Hornsby, Burwood, Bankstown, Manly, and Newtown, as well as businesses operating across regional NSW.
We appear in the Local Court of NSW, District Court of NSW, Supreme Court of New South Wales, Federal Court of Australia, and the NSW Civil and Administrative Tribunal (NCAT). Many of our contract dispute matters are managed remotely; clients do not need to attend our Sydney office in person.
If you have a contract dispute and need advice, contact Citilawyers today. We will review your matter, explain your options, and advise on the best path forward.
Contracts are the basis of most commercial dealings. They are essentially an agreement between parties as to their obligations owed to each other. Although commonly in writing, they may also be oral or inferred from other conduct.
Citilawyers acts for businesses, directors, sole traders, and individuals in contract disputes across Sydney and New South Wales. We advise on the strength of your position, the practical remedies available, and the most cost-effective path to resolution
Common examples of contractual disputes include:
Legal advice should be sought as soon as possible to ensure the best possible outcome.
Contractual disputes commonly arise where there is/are:
Our lawyers act in disputes across a wide range of commercial contracts:
For broader commercial advisory and contract drafting work, see our commercial law page.
When a breach is established, NSW law provides a range of remedies. The right remedy depends on the nature of the breach, the surrounding circumstances, and what the innocent party is trying to achieve commercially. Common remedies include:
Most contractual claims must be commenced within 6 years from the date of the breach under the Limitation Act 1969 (NSW). Exceptions may apply. Contact us for further information.
Most contract disputes are resolved before they reach a hearing. Our typical approach:
1. Initial assessment. We review the contract, the alleged breach, and the surrounding correspondence. We give you a clear written view of the strength of your position, the likely remedies, and the realistic prospects of recovery.
2. Letter of demand. A formal letter of demand from our office sets out the breach, the remedy sought, and the deadline for response. Many disputes are resolved at this stage.
3. Negotiation and mediation. Where the matter does not resolve on demand, we negotiate directly with the other party or their lawyers. For more complex matters, we arrange mediation, often producing faster, more cost-effective outcomes than litigation. See our article on mediation as an alternative to litigation.
4. Court proceedings. Where negotiation fails, we commence proceedings in the appropriate NSW court:
For an overview of how court proceedings work, see our guide to the civil litigation process.
5. Enforcement. Where judgment is obtained, we act on enforcement; see our debt recovery lawyers page for the full enforcement pathway.
We approach every contract dispute with three priorities:
Commercial pragmatism: Litigation is expensive and disruptive. We assess every matter against the cost of pursuing or defending it and advise you based on the most beneficial outcome.
Acting for both sides: We act for both plaintiffs and defendants.
Speed: We respond promptly and progress matters efficiently.
Our contract dispute lawyers act for clients throughout Sydney and across New South Wales, including Parramatta, Chatswood, North Sydney, Liverpool, Penrith, Ryde, Bondi Junction, Inner West, Sutherland Shire, Hornsby, Burwood, Bankstown, Manly, and Newtown, as well as businesses operating across regional NSW.
We appear in the Local Court of NSW, District Court of NSW, Supreme Court of New South Wales, Federal Court of Australia, and the NSW Civil and Administrative Tribunal (NCAT). Many of our contract dispute matters are managed remotely; clients do not need to attend our Sydney office in person.
If you have a contract dispute and need advice, contact Citilawyers today. We will review your matter, explain your options, and advise on the best path forward.
Most claims are valid for 6 years from the date of breach. Other claims may be valid for up to 12 years. Statutory exceptions may apply to this period.
If the term is essential, any breach will be material. Non-essential terms will have to be breached substantially for the breach to be material. Whether the term is essential would be an exercise of construction by the Court. Only material breaches give rise to a right to terminate the contract.
Yes. A contract does not need to be in writing to be enforceable, except for certain types of contracts (for example, contracts for sale of land). However, oral contracts are much harder to prove.
Damages aim to put you in the position you would have been in if the contract had been performed. Damages can include expectation loss, reliance loss, and consequential losses.
As a general rule, yes. However the amount recoverable can be on an indemnity basis (full covered) or normal basis (partially covered), and this depends on a number of factors. Contact a lawyer to learn more about costs.
If the breaching party becomes insolvent, your claim becomes a claim in their insolvency rather than directly against them. An amount is recoverable but would likely only be partial. Contact a lawyer as soon as possible to secure your amount owed.
A force majeure clause excuses performance where specified, usually unforeseeable events prevent or hinder performance. The exact effect depends on the wording of the clause. Whether an event triggers a force majeure clause is often disputed.
You can, but it is not advisable. Anything you say in correspondence may be used against you later. Letters from a lawyer carry significantly more weight, and we ensure your position is preserved.
