Why choose us?

At Eales & Mackenzie we are committed to working alongside you to resolve your contractual dispute, and to ensure that you receive a satisfactory outcome that reflects your rights under the disputed contract. Engaging in the assistance of an expert contract lawyer from Eales & Mackenzie will be invaluable in ensuring that the correct action is taken in relation to the terms of the contract in dispute, and providing you with an honest assessment of the likelihood of success in your claim.

Our experience

At Eales & Mackenzie our contract lawyers in Melbourne have extensive experience acting on behalf of our clients in all aspects of contractual claims including:

  • claims for performance
  • claims for rectification
  • claims for damages
  • claims for breach
  • claims for equitable remedies
  • the termination and discharge of contracts
  • interpretation of contracts

Our client-focused approach

We understand the importance of developing a strategy that is cost-effective, timely and promotes the best chance of success for our clients in consideration of their unique circumstances. We therefore understand that in some instances the best cause of action will not involve pursuing litigation. Through our personal, client focused approach to all contractual claims and disputes you can be assured that the cause of action pursued by your contract lawyer at Eales & Mackenzie, is the carefully considered best alternative available for you to receive a successful outcome.

Frequently Asked Questions

What does a contract lawyer do?

A commercially astute contract lawyer can draft, review, interpret and negotiate contracts, with a view to ensuring that their clients’ rights are protected and the obligations of each party are clearly articulated in order to minimise the possibility of future disputes.

Do I need a lawyer to write a contract?

Whilst you don’t need a lawyer to form a valid contract, it is strongly suggested that legal advice is sought before entering into one. Often, parties will make commercial arrangements based on representations that have been made or understandings between them. If these representations and understandings aren’t properly specified in the contract, it could result in costly legal disputes prior to finalising the transaction.

Why should a lawyer review your contract?

Contractual disputes are expensive. We recommend you engage a contract lawyer early to ensure the terms of the contract are fair and that rights and obligations of each party are clearly articulated in order to minimise the potential for dispute. A commercially minded lawyer will assess the key components of the transaction and legal risks, advise you of any onerous terms or liabilities, and will negotiate on your behalf with a view to making any important amendments to the contract to best preserve your legal interests.

How do you prove a breach of contract?

Breaching the terms and obligations of a contract is serious and can result in litigation. Proving a breach of contract is complex and requires expert legal advice, but essentially, there must first be a valid and binding contract, and one party must either fail to perform their obligations by the specified time, or through their conduct demonstrate an unwillingness or intention to perform, causing loss or damage to the other party.

What is the difference between a contract and an agreement?

In essence, a “contract” is legally binding whilst an “agreement” is not. To create a contract, there needs to be a common intention between the parties to create legal relations, either expressly or impliedly. An agreement on the other hand is an understanding or arrangement between parties that lacks the essential elements of an enforceable contract and is generally considered not legally binding, unless it can be established that the parties intended to contract.

Do you need legal advice, or have any questions or queries?
Call us today on: (03) 8621 1000 or use our form to get in touch…