Contracts & Agreements

Clarity, Certainty and Confidence Built Into Every Agreement

Understanding Contract Law in Australia

In Australia, contracts don’t always have to be in writing to be legally binding, but clarity is essential.

A legally enforceable contract typically requires an offer, acceptance, intention to create legal relations, and consideration (something of value exchanged).

Disputes often arise not because contracts are missing, but because they’re unclear, incomplete, or out of date. Our role is to help you avoid ambiguity, manage risk, and ensure that your agreements reflect your rights, responsibilities, and intentions — now and into the future.

WHAT WE DO

Our Business Contract Services

Commercial Contracts

We draft, review and negotiate a wide range of commercial contracts, including services agreements, terms and conditions, distribution agreements, IP licensing, and contractor arrangements. Our advice is clear, strategic, and commercially grounded.

Partnership & Shareholder Agreements

When multiple people are in business together, a clear and comprehensive agreement is essential to avoid disputes and preserve working relationships. We assist with the drafting and negotiation of partnership and shareholder agreements that set out ownership rights, decision-making processes, exit strategies, and dispute resolution mechanisms. These agreements are customised to reflect your business structure and protect your long-term interests, whether you're launching a new venture or managing an established company.

Contract Reviews & Advisory

Before you sign any legal document, it’s critical to understand the implications. We provide thorough, plain-English contract reviews that break down the legal terms and assess your obligations and risks. Whether it’s a commercial lease, software licence, supplier agreement or terms of trade, our lawyers will advise you on your options and recommend amendments to strengthen your position. Where appropriate, we also assist with renegotiation to ensure the final agreement reflects your priorities and mitigates future problems.

Breach of Contract & Dispute Resolution

If another party fails to meet their obligations under a contract, or if you're accused of a breach, we act quickly to protect your rights. We assess the situation and advise on your legal remedies, whether that involves enforcing the contract, seeking damages, or terminating the agreement. Wherever possible, we aim to resolve disputes through negotiation or mediation, helping you avoid court. But if litigation is required, we’ll represent you with skill and determination to achieve the best possible outcome.

Clear, Strategic Commercial Agreements, Built to Protect What Matters

At THAMS Law Group, we bring a strategic, commercially grounded approach to every contract we draft or review.

Our goal is to give you confidence in your legal position and peace of mind in your business relationships. Whether you're starting a new venture, scaling your operations, or navigating a dispute, we’re here to help.

FAQs

  • A contract is legally binding if it includes an offer, acceptance, mutual intent to be legally bound, and consideration. Clarity and specificity are key, ambiguity can lead to unenforceable or disputed terms.

  • Templates may cover basic terms but often fail to reflect the specific risks, obligations and commercial reality of your business. Even small oversights can create major issues. It’s best to have a lawyer review any contract before using it.

  • You may be entitled to remedies such as damages, termination, or specific performance. We’ll help you assess the breach, understand your options, and take appropriate steps to enforce your rights or resolve the dispute.

  • Not always, verbal contracts can be enforceable, but are much harder to prove. Written contracts provide clarity, certainty, and legal protection if disputes arise.

  • You should keep a copy for at least six years after the contract ends, or longer if tax, financial or legal obligations apply. This helps protect you in case of future claims or compliance reviews.