Header Image

Contract Disputes

Book Now
Book your no obligation consultation Book your free consultation

Contract Disputes

Contracts form part of everyday life – from personal agreements to business transactions. Contractual disputes arise regularly and are often complex and misunderstood. Contractual disputes occur for many reasons such as:

  • Breach of a contract term or non-performance
  • Occurrence of an unforeseen event such that the contract cannot properly be performed
  • Establishing agreed terms under an oral contract
  • Proper operation of a contract where the contract is partly oral and partly written
  • Unfair contract terms
  • Unconscionable contracts such as those where there are issues with language or understanding.

What elements make up a contract?

Contracts are generally characterised by the presence of five elements. These elements are:

  • Offer
  • Acceptance
  • Intention to be legally bound
  • Consideration
  • Capacity

Contracts are a regular and integral part of our daily lives, ranging from buying milk at a supermarket to complex employment agreements. Disputes can arise from dealings on the Gold Coast and beyond.

How are contracts regulated?

Contracts are generally self-regulated and set out how the contract will operate, and what should happen in certain circumstances. Contracts are further regulated by common law and various legislative Acts including:

The Sale of Goods Act appropriate for the relevant state or territory;

The Competition and Consumer Act 2010 (Cth) under the Australian Consumer Law (the legislation replacing the Trade Practices Act (‘TPA’));

Fair Trading legislation; and

Various other legislative instruments.

Relief from contract disputes is most commonly sought by bringing an action in the appropriate Court having regard to the monetary and geographic jurisdictions of the Courts.


Consumer and commercial contracts

Contracts can generally be characterised as either a:

  • Consumer contract; or
  • Commercial contract.

Consumer contracts: generally occur in a personal capacity, usually between two or more parties as individuals, or as one party buying goods or services from a business. For example:

  • Contract to sell or buy a motor vehicle through private sale; or
  • Buying or selling an item such as a television from a retailer.

Commercial contracts: generally occur in a business capacity, usually between two or more parties as businesses or corporate entities. For example:

  • Leasing a premises to run a business from a landlord; or
  • Contracting with another business in order to operate as a joint venture.
Background Texture

Need help with your contract or contract disputes?

Have you been a party to a contract that is the subject of a dispute? Are you not receiving what you are entitled to under a contract?

It is important that you act in a timely manner as limitation periods exist in relation to some claims. Where litigation cannot be avoided, our team at Ramsden Lawyers have the expertise to run the process effectively and efficiently, keeping your costs in check.

Contact our office on the Gold Coast for a consultation at (07) 5592 1921 or email info@ramsdenlaw.com.au.

Services you may be interested in

Do you have a question? We're here to help you find the answer.

Enquire Now

What Our Clients Say

"After many years as a client with Ramsden Lawyers, our family find them very professional at what they do. All the staff are very friendly and are committed in their work."

- Adrian Z. | Gold Coast

"We highly recommend Ramsden Lawyers for all Litigation, Construction or Property Services. They have assisted our company in reviewing Multi Million Dollar Construction Contracts as well as navigate through legal discussions with ease, professionalism and execution. We look forward to continuing our professional relationship with the team at Ramsden for years to come."

- G. C. Projects | Gold Coast

"Their professionalism was EXCELLENT. Made the whole property purchase paperwork a delight...not the stress filled minefield I was expecting. Clear, clever, succinct and a delight to deal with. Will definitely refer to all. Thanks Ramsden."

- Ellen G. | Gold Coast

"Excellent! Highly recommend. Received great service from family law team. They were very helpful, informative and professional."

- Karen M. | Sydney

"Amazing professionalism, attention to detail and compassion when working in the sensitive area of family law. I would highly recommend Ramsden Lawyers for any legal service."

- Mary B. | Gold Coast

"Anna, you’ve made this hard battle much easier for me because of the way you actually cared about what I was going through. Always very professional and patient. I'm really glad I’ve chosen you to fight the battle of my life and even gladder to say: WE WON! Thank you very much for everything."

- Gustavo D. | Gold Coast