Business & Contract Disputes Lawyers Brisbane
A contract dispute can cost you money, control, or both. The right advice, given early, changes the outcome.
When a counterparty fails to perform, misrepresents their position, or refuses to honour what was agreed, your response in the first days matters. Acting too early, too late, or without a clear strategy can damage your position before proceedings even begin.
Boyle Litigation acts for businesses and individuals in commercial contract disputes across Queensland and nationally. Specialist commercial litigation only.
When a Contract Goes Wrong
Contract disputes arise when one party fails to perform, interprets obligations differently, or acts in a way that causes loss. What happens next is not always obvious. Not every breach gives you the right to terminate. Acting prematurely, or failing to act at all, can seriously damage your position.
- Before you respond, you need to know:
- What rights you actually have under the contract and at law
- Whether a breach is material enough to justify termination
- What remedies are available and which are worth pursuing
- How to protect your position before the other side moves first
That is what we do. Fast, clear advice. A strategy built around your commercial goals, not just the legal technicalities.
What We Handle
- We act for clients across the full range of business and contract disputes, including:
Breach of Contract: Advise on rights to terminate, pursue damages, and recover loss when a counterparty fails to perform.
Misleading and Deceptive Conduct: Pursue or defend claims under the Australian Consumer Law where conduct in trade or commerce has caused loss.
Unconscionable Conduct: Act for parties who have suffered loss where a counterparty exploited a position of special disadvantage.
Contract Interpretation Disputes: Resolve conflicting interpretations of unclear or ambiguous commercial terms before or through litigation.
Enforcement of Contracts: Seek specific performance orders, injunctions, or damages where contractual obligations have not been met.
Unfair Contract Terms: Identify and challenge unenforceable terms in standard form contracts under Australian consumer and small business protections.
Business Dispute Resolution: Manage complex commercial disputes between business partners, co-venturers, suppliers, and counterparties.
Franchise Disputes: Advise franchisors and franchisees in breach, termination, non-compete, and Franchising Code disputes.
Distribution and Supply Disputes: Resolve disputes arising from distribution agreements, supply chains, and commercial trading terms.
Loan and Guarantee Enforcement: Pursue or defend claims under loan agreements, personal guarantees, and related security arrangements.
If your dispute does not fit neatly into a category above, contact us. Complex matters are our normal.
Breach of Contract Claims
A breach of contract occurs when a party fails to perform a contractual obligation. Not every failure, however, entitles the other party to terminate. The right to terminate depends on whether the obligation breached is essential, and whether the conduct of the defaulting party is so serious as to amount to repudiation.
If a party incorrectly purports to terminate a contract it had no right to end, that termination can itself constitute a repudiation. The other side may then be entitled to terminate and claim loss.
- We advise clients on:
- Whether a breach has in fact occurred
- Whether the breach justifies termination or only a claim for damages
- How to preserve and enforce rights without inadvertently losing them
- Quantifying and claiming loss, including consequential damages
- Defending unfounded or overstated breach claims
Misleading and Deceptive Conduct
Conduct in trade or commerce that misleads, deceives, or is likely to mislead or deceive is prohibited under the Australian Consumer Law. This applies to businesses dealing with each other, not only consumer transactions. It can also arise from silence, where a party had a duty to disclose and did not.
Remedies include damages, contract variation or avoidance, and injunctions. The flexibility of the available remedies makes misleading conduct claims a powerful tool in commercial disputes, particularly those involving misrepresentations made during pre-contract negotiations.
Unconscionable Conduct
Where a stronger party exploits a disadvantage held by another, a claim for unconscionable conduct may succeed under statute or in equity. Special disadvantage includes not only financial vulnerability but also emotional dependence, inexperience, or circumstances affecting a party’s capacity to protect their own interests.
Courts have wide remedial powers in unconscionable conduct claims, including the ability to vary or void a contract or refuse to enforce particular terms. These claims require careful preparation and strong evidence from the outset.
Unfair Contract Terms
Australia’s unfair contract terms regime now applies to small business contracts as well as consumer contracts. A term is unfair if it creates a significant imbalance in rights and obligations, is not reasonably necessary to protect a legitimate interest, and would cause detriment if relied upon.
Void terms are unenforceable. If you are locked into a contract with terms that are costing you, or if another party is trying to enforce an oppressive provision against you, early legal advice is critical.
Remedies Available in Contract Disputes
The remedy that applies to your situation depends on the nature of the dispute, the terms of the contract, and the loss you have suffered. Remedies in commercial contract disputes include:
- We advise clients on:
- Damages: financial compensation for loss suffered as a result of the breach
- Specific performance: a court order requiring the defaulting party to carry out their contractual obligation
- Injunction: an order restraining a party from taking, or requiring a party to take, a particular action
- Contract termination: ending the contract and seeking damages for the full loss of bargain
- Contract variation or avoidance: particularly relevant in misleading conduct and unconscionable conduct claims
We assess which remedies are available, which are likely to succeed, and which produce the best commercial outcome. Litigation is a tool, not a default.
How We Approach Contract Disputes
We start from the end. What does a successful outcome look like for you? Is it recovering money, protecting a relationship, stopping a competitor, or getting certainty fast? The answer shapes how we build your strategy.
- Our approach:
1. Rapid Assessment
We read your contract and the relevant correspondence. We identify your strongest arguments, your risks, and the moves available to you. We tell you what we think, not what you want to hear.
We read your contract and the relevant correspondence. We identify your strongest arguments, your risks, and the moves available to you. We tell you what we think, not what you want to hear.
2. Strategic Planning
We map the dispute from where it is now to where you need it to end. We identify leverage points, timing considerations, and early actions that create pressure without burning bridges where that matters.
We map the dispute from where it is now to where you need it to end. We identify leverage points, timing considerations, and early actions that create pressure without burning bridges where that matters.
3. Decisive Action
When the situation calls for urgency, we move fast. Urgent injunctions, demand letters, and preservation of evidence are managed without delay. Where negotiation is the right play, we negotiate from strength.
When the situation calls for urgency, we move fast. Urgent injunctions, demand letters, and preservation of evidence are managed without delay. Where negotiation is the right play, we negotiate from strength.
4. Court-Ready Throughout
We prepare every matter as though it will go to hearing. That standard of preparation is what creates real leverage and real outcomes, whether the matter settles or proceeds to judgment.
We prepare every matter as though it will go to hearing. That standard of preparation is what creates real leverage and real outcomes, whether the matter settles or proceeds to judgment.
Why Boyle Litigation
- Specialist disputes firm only. No property conveyances, no family law, no corporate advisory. Just commercial litigation.
- QLS Accredited Specialist in Commercial Litigation. A formal recognition of expertise that fewer than 5% of Queensland solicitors hold.
- Strategic clarity from the first call. We explain your position, your options, and the likely cost of each path.
- Discreet by default. We understand the sensitivity of commercial disputes and act accordingly.
- Acting nationally. Based in Brisbane. Active across Queensland, New South Wales, and other Australian jurisdictions.
Served With Documents? Act Now.
If you have received a letter of demand, a statement of claim, or a statutory demand, time limits apply. Delay limits your options and, in some cases, ends them. Contact us immediately for an urgent assessment of your position.
Frequently Asked Questions
What is a breach of contract?
A breach of contract occurs when a party fails to perform an obligation required under a valid agreement. Breaches range from minor failures that sound in damages only, to serious repudiations that entitle the other party to terminate the contract entirely and claim all loss flowing from the breach.
Can I terminate a contract if the other side has breached it?
Not automatically. The right to terminate depends on whether the obligation breached was essential to the contract, or whether the defaulting party’s conduct makes clear they no longer intend to be bound. Terminating when you are not entitled to do so can expose you to a claim by the other party. Take legal advice before you act.
What remedies are available in a commercial contract dispute?
The main remedies are damages (financial compensation), specific performance (a court order to perform the contract), injunctions (orders to stop or compel action), and termination with a claim for loss of bargain. Where misleading conduct is involved, courts can also vary or void the contract.
Does my dispute have to go to court?
No. Many commercial disputes resolve through negotiation, mediation, or other forms of dispute resolution before reaching court. However, the credibility of your willingness to litigate is often what drives a settlement. We prepare every matter as though it will go to hearing, and that preparation produces better outcomes at every stage.
What is misleading and deceptive conduct under Australian law?
Misleading and deceptive conduct is prohibited under the Australian Consumer Law and applies to businesses as well as consumers. Conduct is misleading if it creates a false impression, even without an intention to deceive. Silence can also constitute misleading conduct where disclosure was required. Remedies include damages and contract avoidance.
How long do I have to bring a contract dispute claim in Queensland?
The standard limitation period for contract claims in Queensland is six years from the date of breach. However, specific limitation periods may apply in particular circumstances, and delay can affect your practical ability to gather evidence and run an effective claim. Early advice is strongly recommended.
What does it cost to run a commercial contract dispute?
Cost depends on complexity, the value of the dispute, whether it settles or proceeds to hearing, and how the other party runs their case. We provide clear cost estimates at the outset and keep you informed. We also consider funding and cost structures appropriate to your matter.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.