Contracts – from drafting to disputing

Contracts govern all commercial dealings

It goes without saying that from the moment you start your business, you start entering contracts. These might be as simple as the contracts governing your purchase of office supplies – e.g the time frame Officeworks allows for an exchange or refund – right up to those relating to big trade contracts or financing a business’ growth. 

For example, a General Security Agreement – which generally enables a lender or other counterparty broad rights over business assets in the event you’re unable to repay the loan – or a Personal Guarantee, which is similar but generally takes the form of a Deed and applies to an individual, and puts their personal assets (including property) on the line in support of the underlying loan.  

Some contracts and commercial transactions, in addition to what is stated explicitly in the contract, assume certain terms or are governed by other laws. For instance, when you buy something from a shop, most likely a body of from something known as Australia Commercial Law will apply. Among other things, this means that the item you bought must be fit for the purpose for which it’s sold. Example: if you buy a paintbrush, it wouldn’t exactly be fit for purpose if the bristles immediately dissolved once dipped in paint. 

The above examples illustrate the importance of engaging an experienced contracts lawyer when you’re faced with a situation in which you or your business has lost out because the other party hasn’t properly performed their obligations; or you’re facing financial or other repercussions due to the inability to meet contractual obligations (or at least that’s what the other party if claiming).

How we can help

McCarthy Legal & Advisory have extensive experience:

Drafting and negotiating contracts to ensure the nature of the dealing is properly understood between the parties, and your rights are appropriately protected

Reviewing contracts when there is ambiguity, or ensuring that they continue to address all the relevant laws and circumstances (which tend to change over time)

Disputing the performance (or lack there of) of a contract, or defending you or your business against a claim by another party relating to a contract

Tom MCarthy has worked at top-tier law firms and at some of Australia’s most well-known businesses, drafting, negotiating, reviewing and disputing contracts.

You can trust that with McCarthy Legal & Advisory, your position will be represented in a commercially strong and legally adept manner, whether you’re drafting, amending or disputing a contract.