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Litigation & Dispute Resolution

With the combined knowledge and experience of our team at Nevett Wilkinson Frawley Lawyers, you will find yourself with all the answers you need for your specific legal query. Sometimes however it’s hard to know what question to ask, so hopefully our Insights page will help with that, providing you topical general information about matters that affect people throughout Ballarat, Beaufort, Castlemaine, Daylesford, the Central Highlands and Greater Western districts.

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What are Damages in Australian Contract Law?

An Overview on Damages in Australian Contract Law: When a party breaches a contract, the other party to the contract may be entitled to damages as a remedy. In contract law, an award of damages is intended...

What is Remoteness in Australian Contract Law?

An Overview on Remoteness in Australian Contract Law: In Australian contract law, loss caused by a breach is a “necessary, but not a sufficient, prerequisite to the recovery for damages”..

What is Causation in Australian Contract Law?

An Overview on Causation in Australian Contract Law: Law may be viewed as a “fact-orientated system” of rules that regulate human and social behaviour (Weber, 2009, p. 118). The application of causation...

What is Contract Law?

An Overview on the Theories of Contract Law: Common law textbooks on contract law typically define “contracts in terms of promise or agreement or of a combination of the two” (Cootes, 2010, p. 10). Within contemporary contract literature...

What is the Classification of Terms in a Contract?

An Overview on Classification of Terms: In Australia, the English decision in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 was adopted representing a policy position shifting from a dualistic classification system...

What is Privity of Contract in Australia?

An Overview on Privity of Contract in Australian Contract Law In Australia: In Australia, privity of contract relates to the idea that only parties to a contract should be “bound by its obligation”, and benefit from the contractual relations...

What is Repudiation in Australian Contract Law?

An Overview on Repudiation in Australian Contract Law: Repudiation is a modern legal term that has adopted many meanings within contemporary contract law. However, repudiation is generally characterised as the repudiation of obligation...

What is Certainty in Australian Contract Law?

An Overview on Certainty in Australian Contract Law: For a contract to be legally effective, the contract must have sufficient certainty and completeness. A complex legal inquiry, differences in judicial opinion on when the threshold requirements of certainty...

What is Offer and Acceptance in Australia?

An Overview on Offer and Acceptance in Australian Contract Law: In contemporary contract law, the approach to examining an agreement is to determine the presence of offer and acceptance. Involving a clear offer by the offeror and an unqualified assent...

What is an intention to create legal relations?

An Overview on Intention to Create Legal Relations in Australia: An intention to create legal relations is a prerequisite to the formation of a contract in Australian contract law. Originating from continental jurisprudence and adopting the latin term...

What is Consideration in Australian Contract Law?

An Overview on Consideration in Australia: Consideration is an essential element in the formation of a contract. The theory of consideration has been characterised as “about what makes a promise legally enforceable”...

What is Termination of Contract in Australia?

Termination of contract frequently occurs when parties are in contractual disputes. Legal disputes often arise from a termination of contract, as remedies may be obtainable from a breach of contract...

What are implied terms in Australia?

Read an Overview on Implied Terms: An implied term is a term that is not an express term and does not expressly form part of a contract. However, implied terms may be incorporated into a contract by implication...

What is an express term in a contract?

Read an Overview on Express Terms: Contracts are generally reduced to written form to record the agreement and express terms reached between the parties. Often, disputes may arise whether a term was intended to form part of a contract...

What is an enforceable contract in Australia?

Read an Overview on Enforceable Contracts: An enforceable contract is a legally binding agreement that the parties to an agreement have entered. A legally binding agreement comprises the following legal elements: Offer and Acceptance...

How is a contract frustrated in Australia?

Read an Overview on Frustration of Contract: A contract may be frustrated if through no fault of the parties to a contract, a contract can no longer be performed due to exceptional circumstances and are events outside the parties' control...

When is an agreement legally binding in Australia?

Read an Overview on Legally Binding Agreements: For an agreement to be a legally binding in Australia, the agreement should have the following legal elements: offer and acceptance, consideration, capacity, certainty...