Contract Preparation & Review

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A contract is the ultimate way of safeguarding yourself against risk. However, the devil is in the detail and a small handful of words (or an absence of those words) can create significant consequences. We will help you to protect what matters.

Contracts come in all shapes and sizes. However, irrespective of their form, they create danger if their terms are inadequate, unfair or not reflective of the understanding between the parties.

Our services include:

  • preparing contracts;
  • reviewing contracts;
  • advising on rights and obligations under contracts (including potential breach of contract); and
  • assisting with disputes in relation to contracts.

We commonly prepare and review:

Approach

We appreciate that small details in a contract can cause (or save you from) significant financial consequences. We also understand that there is too much at stake to simply provide you with generic ‘one size fits all’ documents in the hope that it hits the mark. You can expect a careful and nuanced approach from us.

Our usual approach is to:

  • provide you with a clear and transparent fee quote;
  • discuss your requirements, goals and desired outcomes;
  • either review or prepare a contract with your objectives in mind; and
  • discuss any items that you are not entirely comfortable with. 

We will work tirelessly to ensure that you are only bound to contractual terms that are fair, reasonable and consistent with your understanding of the deal.

Lead Contact
Contract Preparation & Review
Commercial

Director

Jess Hill

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FAQ

What if a dispute arises?

Our dispute resolution team can assist - click here.

How long does it take to prepare a contract?

We will go above and beyond to meet your timing requirements. So, please let our team know if you are working toward a particular deadline.

The turnaround time will vary depending on the nature of the arrangement. Please get in touch with our team if you would like a turnaround time estimate.

Another lawyer prepared a contract. Can you look at it for me?

Yes, of course. We regularly provide advice on contracts prepared by other law firms.

How do you charge?

Trust is one of our core values. We pride ourselves on not causing 'bill shock'. Our usual approach is to provide you with a clear and transparent fee quote to ensure that there are no surprises. You can then make an informed decision about whether you want to proceed or not.

Can you help me with employment contracts?

Yes, we can. We regularly assist our clients to prepare and negotiate employment contracts of all shapes and sizes (including executive employment contracts). We can also assist with independent contractor agreements.

Can an offer be accepted by mere silence?

Silence can constitute acceptance of an offer where the relevant circumstances support that conclusion.

What are some of the ways that terms can be incorporated into a contract?

Some examples include:

  • by signing an agreement (e.g. signing a hardcopy or electronic contract);
  • by reasonable notice (e.g. where one party has done all things necessary to bring terms to the attention of the other party before the contract is made);
  • through a sufficiently consistent and long course of dealing; and
  • by reference.

What is the difference between joint, several and joint & several?

As a brief summary:

  • joint liability practically means that the relevant parties are all liable for the whole thing. Generally, they will all be sued together (not separately);
  • several liability practically means that each party is liable for their respective proportion. Generally, the parties will be sued individually for their own parts; and
  • joint and several liability is the same as joint liability, except that the relevant parties can be sued separately for the entire liability (rather than generally being sued together).

What is privity of contract?

Privity of contract is the rule that no outsider to a contract can seek to enforce the contract's terms. There are some exceptions to this rule (e.g. in relation to third party enforcement under deed polls).

Contract Preparation & Review

Jess Hill

Director

Greg Thomas

Director

Daniel Darling-Filby

Senior Associate

Edward Hart

Associate

Lauren Gross

Associate

Fill in the form and someone from our team will be in contact shortly. Find our addresses below

PO Box 13255, Law Courts VIC 8010

Level 49, 360 Elizabeth Street, Melbourne VIC 3000

Level 10, 580 George Street,
Sydney NSW 2000

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