At Kor Legal, our experienced commercial lawyers can draft and review a range of business and commercial contracts. We can also help you negotiate the terms of a contract and represent you if you are involved in a contract dispute.
Contract Preparation and Advice
A business typically enters many commercial relationships – whether for providing products or services, managing the terms of a joint venture, employing staff, or granting a lease or licence. All such transactions and relationships should be documented in a written contract setting out the parties’ obligations and agreed terms and conditions.
Involving a lawyer to prepare and/or review a contract can help keep negotiations on track and ensure that important provisions are not overlooked. Lawyers generally think outside the box and contemplate what could, and sometimes does, go wrong. A well-drafted business contract puts the parties on the same page from the beginning of their relationship by providing clear terms that balance their rights and responsibilities, and provisions to cover a range of contingencies.
If you need a contract prepared or would like us to review a contract that has been provided to you, we can help. We can draft your commercial contracts from the start, or review and negotiate an existing agreement to flag issues and add provisions to protect your interests.
The Australian Consumer Law and Contracts
The Australian Consumer Law (ACL) applies to Australian businesses and provides certain rights to consumers to help protect them in their dealings with businesses. These laws can have a major effect on how businesses draft their contracts and how they are interpreted by the courts. Businesses need to ensure that their contracts are compliant with any relevant laws and that they understand their obligations under the ACL.
Consumers are protected from unfair contract terms in standard form and small business contracts. These are typically contracts offered by a business to another party on set terms and conditions for the acquisition of goods or services. The terms are not negotiated between the parties. The standard form contract rules apply to both consumer contracts, where the contract is wholly or predominantly for personal, domestic, or household use, and small business contracts.
Contract Disputes
Most contract disputes arise when a party to the contract breaches a term that is written or implied in the contract. For instance, one party may fail to perform an obligation, fail to perform the obligation on time, or indicate that they do not intend to perform a future obligation under the contract. In such cases, the remedy available will depend on a number of matters including the type of breach and the circumstances, so it is essential to seek legal advice on such matters.
Breaching a contract in a serious way may give the other party an automatic right to enforce contractual rights in court. Still, it is usually much more efficient and cost-effective to try to first resolve the contract dispute using negotiation or mediation. The contract may even specify that the parties must first attempt to resolve the dispute through commercial conciliation, arbitration, or private judging.
Terminating a contract should not be taken lightly – in all cases, if you are considering terminating a contract, we strongly recommend first seeking professional advice to understand your legal position and the implications of doing so.
If you need assistance in preparing or negotiating a contract, or need advice about a contractual dispute, please contact us to discuss your concerns. Email [email protected] or call 02 9159 9084.
At Kor Legal, our experienced commercial lawyers can draft and review a range of business and commercial contracts. We can also help you negotiate the terms of a contract and represent you if you are involved in a contract dispute.
Contract Preparation and Advice
A business typically enters many commercial relationships – whether for providing products or services, managing the terms of a joint venture, employing staff, or granting a lease or licence. All such transactions and relationships should be documented in a written contract setting out the parties’ obligations and agreed terms and conditions.
Involving a lawyer to prepare and/or review a contract can help keep negotiations on track and ensure that important provisions are not overlooked. Lawyers generally think outside the box and contemplate what could, and sometimes does, go wrong. A well-drafted business contract puts the parties on the same page from the beginning of their relationship by providing clear terms that balance their rights and responsibilities, and provisions to cover a range of contingencies.
If you need a contract prepared or would like us to review a contract that has been provided to you, we can help. We can draft your commercial contracts from the start, or review and negotiate an existing agreement to flag issues and add provisions to protect your interests.
The Australian Consumer Law and Contracts
The Australian Consumer Law (ACL) applies to Australian businesses and provides certain rights to consumers to help protect them in their dealings with businesses. These laws can have a major effect on how businesses draft their contracts and how they are interpreted by the courts. Businesses need to ensure that their contracts are compliant with any relevant laws and that they understand their obligations under the ACL.
Consumers are protected from unfair contract terms in standard form and small business contracts. These are typically contracts offered by a business to another party on set terms and conditions for the acquisition of goods or services. The terms are not negotiated between the parties. The standard form contract rules apply to both consumer contracts, where the contract is wholly or predominantly for personal, domestic, or household use, and small business contracts.
Contract Disputes
Most contract disputes arise when a party to the contract breaches a term that is written or implied in the contract. For instance, one party may fail to perform an obligation, fail to perform the obligation on time, or indicate that they do not intend to perform a future obligation under the contract. In such cases, the remedy available will depend on a number of matters including the type of breach and the circumstances, so it is essential to seek legal advice on such matters.
Breaching a contract in a serious way may give the other party an automatic right to enforce contractual rights in court. Still, it is usually much more efficient and cost-effective to try to first resolve the contract dispute using negotiation or mediation. The contract may even specify that the parties must first attempt to resolve the dispute through commercial conciliation, arbitration, or private judging.
Terminating a contract should not be taken lightly – in all cases, if you are considering terminating a contract, we strongly recommend first seeking professional advice to understand your legal position and the implications of doing so.
If you need assistance in preparing or negotiating a contract, or need advice about a contractual dispute, please contact us to discuss your concerns. Email [email protected] or call 02 9159 9084.
