When the deal 
breaks down.

No. Verbal contracts are generally enforceable in Australia, and many binding agreements are partly written and partly oral, or implied from conduct. The practical difficulty with a verbal contract is proof, what was agreed, by whom, and on what terms. We help establish the existence and content of a contract from emails, invoices, conduct, and the surrounding circumstances.

In Victoria, the general limitation period for a breach of contract claim is six years from the date of the breach, under the Limitation of Actions Act 1958 (Vic). Some claims run shorter, and waiting also weakens your evidence and recovery prospects. If your dispute is approaching any time limit, seek advice without delay.

Clauses that exclude liability or limit claims are not always effective. The unfair contract terms regime in the Competition and Consumer Act 2010 (Cth) sch 2 (Australian Consumer Law) can render terms void in qualifying standard-form consumer and small-business contracts. Other statutory rights may also continue despite an entire-agreement or exclusion clause, so the clause must be analysed in context.

Usually to settle, but only on the right terms, and only once you know what your claim is genuinely worth. Litigation carries cost, delay, and risk, so a sensible settlement is very often the commercially superior outcome. The key is to negotiate from a position of strength, which means preparing the case properly even while pursuing resolution.

Possibly. A right to terminate may arise under an express clause, from breach of an essential term or from repudiation. A party that terminates without a proper basis may itself repudiate the contract and become exposed to damages. The contract, breach, notice provisions, prior conduct and any election to affirm should be assessed before termination.

Contract damages aim to put you in the position you would have been in had the contract been performed, lost profits, wasted costs, and losses flowing naturally from the breach. You must take reasonable steps to mitigate your loss, and remoteness rules limit what can be claimed. We quantify claims realistically at the outset, because a claim priced right settles faster and holds up at hearing.

In qualifying standard-form consumer and small-business contracts, a term may be unfair where it creates a significant imbalance, is not reasonably necessary to protect legitimate interests and would cause detriment if relied on. Proposing, applying or relying on unfair terms can attract penalties. One-sided termination, variation and limitation clauses require careful review in context.

Potentially. Contracts affected by duress, undue influence, unconscionable conduct or misleading or deceptive conduct may be set aside, rescinded or give rise to compensation, including under the Competition and Consumer Act 2010 (Cth) sch 2 (Australian Consumer Law). These claims are fact-intensive, so preserve records of what was said, who was present and what pressure was applied.

Competing breaches are common. The sequence matters: who breached first, whether the breach was essential, whether the contract was affirmed, and whether notices were validly served. We map the chronology before recommending termination, damages, set-off or settlement.

Yes. Many disputes resolve through a structured demand, negotiation, mediation or a deed of settlement once the rights, evidence and commercial range are clear. The aim is to prepare strongly enough that settlement is realistic, while keeping court action available if the other side will not engage.