Our legal services include contract legal advice, including advice in connection with the following:

Misleading or deceptive conduct connected with negotiations for contracts & agreements,

The interpretation & application of contracts & agreements in complex engineering, scientific & technical factual issues & negotiations, alternative dispute resolution (mediation) & litigation or arbitration,

Whether a particular party has exposed or will expose a particular party to legal liability & whether that liability generates a useful remedy under or in connection with an actual or putative contract, or defences against such a claim,

Negotiations, drafting, interpretation, administration, performance, breach, termination,

How to avoid, or anticipate, prepare or plan for potential claims of liability & potential remedies in context of a particular course of events,

How to resolve disputes under or connected with a contract,

Breach of contract & other potential sources of legal liability in connection with a contractual transaction,

Contractual & non-contractual legal liability connected with a contractual transaction,

Legal liability (in addition, or alternatively to contractual liability) arising from parties’ statements or other conduct,

Contract cancellation,

Non-contractual sources of liability in connection with a contractual transaction involving an actual or putative contract –

• Misleading or unconscionable conduct in trade or commerce & liability & remedies under Australian Consumer Law

• Negligence or deceit (fraud) & liability in tort

• Unjust enrichment of a party & liability in restitution

• Creation of a debt

• Creation of property rights

• Transactions involving a fiduciary relationship & liability for breach of fiduciary obligation

• Other equitable rights (including property rights) enforceable independently of any contract (usually through the doctrine of estoppel)   

Interpretation & application of commercial agreements & contracts,

Interpretation & application of variation clauses,

Interpretation & application of particular commercial clauses,

Legal problems raising considerations of joint & several liability (solidary liability) & (by contrast) proportionate liability under proportionate liability legislation, 

Remedies for breach of contract,

Statutory unfair contract terms,

Unilateral contracts (contrast referral selling),

Interpretation, application & performance of construction & engineering contracts (& contracts for related goods & services) & associated legal problems, 

Interpretation & application of contract terms relating to design & technical specification responsibilities & risks,

Contractual implications of complex commercial communications, conduct, circumstances & context, including any inferences as to whether any bargain has been made & implication of terms of any binding agreement reached & advice regarding its application,

Interpretation & application of joint venture agreements containing provisions requiring preparation of technical or other described types of documentation,

Interpretation & application of agreements & contracts containing provisions directed to the design, specification, engineering & manufacture of plant, equipment, machines & other kinds of goods,

Civil liability & apportionable claims under proportionate liability legislation.

The Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 relates to the common law doctrine of contributory negligence, and the liability of joint & several tortfeasors to make contribution in damages.  Subject to the proportionate liability provisions in Part 1F of the Civil Liability Act 2002 (WA) section 7 of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 provides rules applicable if there are 2 or more tortfeasors.  Where there are multiple wrongdoers & a question arises as a matter of interpretation of any relevant express provisions of a related contract as to whether the limited contracting out provisions of section 4A of the Civil Liability Act 2002 (WA) have resulted in the exclusion, modification or restriction of the proportionality provisions in Part 1F, these two Acts may pose interesting questions in the course of providing legal advice.

Other.