Breach of Contract Lawyers in Australia

Whether you are dealing with a minor or significant breach, we at CGM & Partners specialise in managing breach of contract cases, safeguarding your rights and ensuring that legal resolutions are enforced.

When a breach of contract occurs, it can disrupt businesses, strain partnerships, and lead to costly legal battles.

Whether the breach is minor or substantial, the consequences can be far-reaching, affecting everything from financial stability to professional relationships.

Contracts are the backbone of legal agreements, designed to protect the interests of all parties involved.

However, when one party fails to honour their obligations, it is essential to take immediate action to protect your rights.

At CGM & Partners, we specialise in contract law and dealing with contractual disputes with precision and expertise.

We understand that every contract breach is unique, and whether you are dealing with a property agreement, commercial contract, or employment terms, our team of contract lawyers is equipped to handle your case with the utmost professionalism.

From negotiating settlements to representing you in litigation, we are committed to delivering tailored solutions that align with your goals and safeguard your interests.

We work closely with our clients, ensuring that every aspect of the contract is thoroughly examined and that you fully understand your legal options.

If you’re facing a contract dispute, speak with our breach of contract lawyers and we will help you resolve the matter swiftly and effectively, ensuring your rights are protected every step of the way.

Common Contract Breaches We Handle

Minor Breach

A minor breach, also known as a partial breach, occurs when one party fails to fulfil a small part of the contract without significantly affecting the overall agreement.

An example of a minor breach would be when some faulty work is carried out on a building project, or when a supplier fails to deliver the full order of goods, with certain parts missing from the delivery.

While the core elements of the contract remain intact, this breach can still cause inconvenience or financial loss.

At CGM & Partners, we understand the importance of handling these issues promptly. We assist clients in evaluating the impact of minor breaches and securing appropriate remedies, such as compensation for damages, ensuring that the situation is resolved swiftly and effectively.

Whether drafting a corrective action plan or negotiating a revised timeline, we aim to protect your interests and uphold the contractual relationship.

Material Breach

A material breach happens when one party fails to perform a significant contractual obligation, effectively nullifying the purpose of the contract. This type of breach often results in substantial harm to the non-breaching party.

Common cases include unjust termination of a contract, violation of terms and conditions, and cases where a party fails to meet their payment obligations, leading to serious disputes.

We understand the gravity of material breaches and the urgent need to address them effectively. Our legal team will help you determine whether a material breach has occurred and pursue remedies, including termination of the contract and seeking damages for financial losses.

Anticipatory Breach

An anticipatory breach occurs when one party indicates, either through actions or words, that they will not fulfil their contractual obligations before the performance is due. This can be highly disruptive, undermining the trust and certainty that contracts are supposed to provide.

Early recognition of anticipatory breach is crucial. Signs can include direct statements or actions that clearly indicate non-compliance. Once identified, the affected party can take steps to lessen potential losses, such as finding alternatives or ending the contract.

Legal action for damages is also an option. By taking this route, you can seek compensation for losses due to the other party’s non-performance. Seeking legal advice promptly is essential.

We act swiftly in cases of anticipatory breach, advising on the best course of action and the legal process to protect your interests, including renegotiating the contract or seeking damages.

Actual Breach of Contract

An actual breach occurs when one party fails to perform their contractual obligations by the due date. Unlike an anticipatory breach, this is a definitive failure to meet the contract terms.

Common breaches we handle include failure to deliver goods or services, non-payment, and missed deadlines. We also address breaches of confidentiality and non-compete violations, which can threaten a company’s competitive edge and intellectual property.

Another frequent issue we resolve is quality standard breaches, where delivered goods or services don’t meet the agreed specifications.

Our breach of contract lawyers will work with you to pursue claims for actual breach, ensuring you receive the compensation or specific performance needed to rectify the situation.

Legal Remedies for Contract Breaches

Damages

Contract breaches can lead to various types of damages: compensatory, punitive, nominal, and liquidated. At CGM & Partners, we understand the importance of these distinctions to resolve disputes over contract claims effectively for our clients.

Compensatory

Compensatory damages aim to financially reimburse the non-breaching party for losses directly resulting from the breach. These damages can cover lost profits and additional costs. Our goal is to ensure our clients are fully compensated for their financial losses.

Punitive

Punitive damages are less common in contract law but are used to punish the breaching party for particularly wrongful conduct and to deter future breaches. We seek punitive damages when necessary to protect our clients’ interests.

Nominal

Nominal damages are symbolic and awarded when no actual financial loss is proven but a breach has occurred. These damages affirm the non-breaching party’s rights without substantial monetary compensation.

Liquidated

Liquidated damages are predetermined amounts specified in the contract, providing clear expectations for compensation in case of specific breaches. We help draft and enforce these clauses to bring clarity and predictability to contractual agreements.

Speak with our breach of contract lawyers to discuss your contract dispute and learn how we can help you secure the appropriate damages.

Specific Performance

Courts can order specific performance, compelling the breaching party to fulfil their contractual obligations, when monetary compensation is insufficient. This remedy is especially effective in cases involving unique goods or services that can’t be easily replaced. Instead of awarding damages, the court mandates the breaching party to adhere to the exact terms of the contract.

We leverage our legal expertise to navigate the complexities of obtaining specific performance orders. By demonstrating the inadequacy of monetary damages and the unique nature of the contracted item or service, we strive to place our clients in the position they’d have been in had the breach not occurred.

Contact our lawyers today to discuss how we can help you secure specific performance in your contractual disputes.

Injunctions

Injunctions are powerful court orders that compel parties to either take specific actions or stop certain behaviours during a contract dispute. They’re crucial for preventing further harm and maintaining the status quo.

Injunctions can be temporary or permanent. Temporary injunctions provide immediate relief and prevent imminent damage until a final decision is made. Permanent injunctions enforce specific contract terms or prevent future breaches.

Our team has extensive experience in seeking injunctions. We assess each situation carefully to determine if an injunction is the best course of action. If so, we act swiftly to file the necessary motions and represent our clients in court. This helps protect their interests and uphold their contractual agreements.

Contact our breach of contract lawyers to discuss how we can help you with injunctions.

Rescission

Rescission provides a powerful remedy for serious breaches by cancelling the contract and allowing parties to return to their pre-contractual positions. This means the contract is treated as if it never existed, offering a clean slate for both parties involved. Rescission is especially useful when the breach fundamentally undermines the agreement’s intent and purpose.

Our primary goal in handling rescission cases is to ensure our clients can effectively undo the contract and mitigate any adverse effects. This often involves returning any benefits or payments received under the contract. By doing so, both parties can be restored to their original positions before the contract was signed.

It is important to understand that rescission is typically reserved for significant breaches. Minor infractions usually don’t qualify for this remedy, as the breach must be substantial enough to warrant such a drastic measure.

Our breach of contract lawyers are skilled at evaluating the severity of the breach and advising on whether rescission is the most appropriate course of action.

What Our Clients Say

"We've been working with CGM & Partners for the past three years, handling various contractual negotiations and disputes. Their team's deep expertise in commercial contract law has made a significant difference, allowing us to navigate complex agreements with confidence. Their attention to detail and proactive communication have been instrumental in protecting our interests and securing favorable outcomes."

"CGM & Partners has been an invaluable asset to our company as we've expanded our operations. Their thorough understanding of commercial law and strategic advice have helped us establish strong partnerships and manage risks effectively. Their service is consistently excellent, combining professionalism with genuine care for our business needs."

"Our real estate firm requires frequent legal assistance with contract drafting and negotiations, and CGM & Partners has never disappointed. Their lawyers are not only highly skilled and knowledgeable but also incredibly responsive and approachable. They have a unique ability to make complex legal concepts clear and manageable, which has been crucial for our decision-making processes."

"CGM & Partners has played a pivotal role in our business by ensuring our contracts are solid and comprehensive. Their expertise in commercial contracts is evident in the way they handle negotiations and mitigate potential legal issues before they arise. The peace of mind that comes with their representation cannot be overstated."

Why Choose Us?

Personalised Service

We offer tailored legal advice and solutions that cater to your unique needs and circumstances.

Expertise & Experience With Contracts

When working with CGM & Partners, you’ll have an experienced, senior lawyer working on your contract from start to finish.

Quick And Efficient

We offer quick and efficient contract drafting, review, and negotiation, helping you save time and meet critical deadlines.

Comprehensive Risk Management

We provide thorough risk assessments and mitigation strategies to protect you from potential legal pitfalls.

Strong Negotiation Skills

We assist you in negotiating favourable terms that benefit your best interests, ensuring that contracts are balanced and fair.

Dispute Resolution Expertise

We can help you successfully resolve contract disputes through mediation, arbitration, or litigation.

Clear and Transparent Communication

We will ensure you always understand complex legal jargon and the implications of your contract through clear and transparent communication.

Proactive Legal Advice

We offer proactive legal guidance to help you avoid common contract-related issues before they arise.

Transparent Fixed Fees

We don’t charge exorbitant hourly rates. Our pricing is competitive and transparent. We charge straight forward fixed fees for all contract drafting.

Availability and Responsiveness

We are always accessible and responsive to your needs, providing timely updates and support throughout the contract process.

100% Client Satisfaction Guarantee

CGM & Partners offers a 100% client satisfaction guarantee. Speak to us today for a complimentary 15 minute consultation about your business.

FAQ About Breach of Contract Litigation

What constitutes a breach of contract?

A breach of contract occurs when one party fails to fulfil the agreed-upon terms of a legally binding agreement. Breaches can be minor, such as late deliveries, or material, where the breach significantly impacts the purpose of the contract. In some cases, an anticipatory breach occurs when a party signals they will not meet their obligations before the due date.

What should I do if someone breaches a contract?

If a breach of contract occurs, it’s important to first review the written contract to understand your rights and obligations. You should gather detailed records and evidence of the breach, such as communications with the other party. Seeking legal advice from an experienced breach of contract lawyer will help you evaluate your options, which may include pursuing a contract claim or entering into negotiations to resolve the matter.

Can I terminate a contract after a breach?

Yes, a contract may be terminated if the breach is considered material or if it violates key contractual obligations. However, it’s essential to seek legal advice before terminating a contract, as you must ensure that termination is justified under the contract laws governing your agreement. Termination can have serious legal and financial consequences, especially if the contract involves business interests.

What are the possible consequences of breaching a contract?

When a party breaches a contract, they may face legal action, including claims for damages, specific performance, or contract disputes. The innocent party can seek compensatory damages for losses suffered or demand that the breaching party fulfil their contractual obligations. In certain cases, the court may order appropriate legal remedies, such as an injunction or cancellation of the contract.

How long do I have to file a lawsuit for breach of contract?

In most cases, you have a limited time to file a contract claim, which can range from 6 to 12 years, depending on the jurisdiction and the nature of the contract. It is best to consult a contract lawyer promptly to avoid missing important legal deadlines.

What types of damages can I claim for breach of contract?

There are several types of damages available when a breach of contract occurs, including compensatory damages, which cover direct losses, and liquidated damages, if specified in the contract. You may also claim punitive damages in cases where the breach involved bad faith, although this is less common. In some cases, specific performance may be ordered, requiring the breaching party to fulfil their contractual obligations.

Can I recover legal fees in a breach of contract case?

Whether legal fees can be recovered depends on the contractual terms or specific provisions in the contract regarding the recovery of costs. Some contracts include clauses that allow for the recovery of legal expenses in the event of a breach. Additionally, courts may award legal fees to the innocent party if they prevail in their contract claim.

Can contract disputes be settled out of court?

Yes, many contract disputes are resolved through alternative dispute resolution methods, such as negotiation, mediation, or arbitration, which can be quicker and more cost-effective than litigation. These approaches allow both parties to work towards a mutually beneficial agreement without the need for court intervention. With the help of contract dispute lawyers, seeking legal representation during these negotiations can ensure that your best interests are protected.

How long does it take to resolve a breach of contract case?

The time it takes to resolve a breach of contract case can vary depending on the complexity of the dispute, the parties involved, and whether the case proceeds to litigation. Contract disputes resolved through negotiation or mediation may take only a few weeks, while cases that go to court can take several months or longer. Having an experienced legal team on your side can expedite the process by efficiently managing the legal matters and negotiating a favourable outcome. The length of time also depends on the willingness of the parties to reach a resolution outside the courtroom.

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