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Breach of Contract Lawyers For Disputes Worth Fighting For
If someone’s broken a commercial agreement with your business, you’re weighing up whether you have a case, what it’ll cost, and whether it’s worth the fight. Most businesses try to fix it themselves first: sending emails, making calls, hoping the other side honours what they promised. By the time they call lawyers, money’s been lost, deadlines have passed, and the other party’s stopped responding.
Breach of contract lawyers at Lazarus Legal review agreements, assess your position, and advise on enforcement or defence across Sydney and NSW. We don’t assume every breach means court; we focus on getting you the best commercial outcome, whether that’s negotiated settlement, damages recovery, or walking away on your terms. Contact our team to discuss your case.
What Actually Counts as a Breach of Contract in NSW
Under Australian contract law, a breach occurs when one party fails to perform their obligations under the agreement without lawful excuse. The severity of that breach determines your rights: whether you can terminate the contract, claim damages, or both. NSW courts follow principles established in cases that distinguish between essential terms (where any breach allows termination) and intermediate terms (where only serious breaches justify walking away).
The catch? Not every failure to perform is a breach. Some contracts allow reasonable delays, force majeure excuses, or performance variations with notice. The question is whether the failure deprives you of substantially the whole benefit of what you bargained for. According to the Australian Consumer Law and common law principles, courts assess breach based on the express terms of the written agreement, any terms implied by law or commercial necessity, and the parties’ conduct.
When Do You Need Breach of Contract Lawyers
Common scenarios where professional breach advice prevents small problems from becoming expensive disasters
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Client refuses to pay invoices
A major client stops paying for completed work, citing quality issues that weren't raised during the project. You need to assess whether their complaints justify withholding payment or whether you can pursue debt recovery and terminate future work. -
Partner walks away from joint venture
A business partner stops contributing capital or effort as required under your partnership or joint venture agreement. You need to determine whether this constitutes repudiation, whether you can buy them out, and how to protect the business from collapse. -
Contractor delivers substandard work
A contractor completes work that doesn't meet the specifications in your agreement, and rectification will cost more than the original contract price. You need to know whether you can refuse final payment, claim rectification costs, and terminate their engagement without being sued for wrongful termination yourself. -
Supplier stops delivering mid-contract
Your supplier fails to deliver goods or materials as agreed, leaving you unable to fulfil your own customer orders. You need to know whether you can terminate immediately, source alternatives, and claim the cost difference as damages.
Who Reviews Your Contract Dispute
Led by Mark Lazarus, former Legal Director at Monster Energy, our team has spent decades advising NSW businesses on commercial agreements, breaches, and disputes. Every breach of contract matter is handled by a senior lawyer who understands that most breaches aren’t black and white. Context, timing, and conduct all affect your rights. We’ve reviewed over 2,000 commercial agreements and disputes across Sydney, and we know the difference between a minor breach you should waive and a material breach that justifies walking away.
What We Do for Breach of Contract Claims
Most contracts don’t spell out every scenario, so we look at what the parties intended, what’s standard in your industry, and whether the breach affects the core purpose of the deal. Clients receive written advice on termination rights, damages calculations, and the other party’s likely defences before committing to litigation or settlement negotiations.
Our breach of contract services cover both enforcement and defence across Sydney and NSW:
- Contract breach assessment and liability review
- Termination rights analysis and wrongful termination defence
- Damages claims and loss quantification
- Repudiation and anticipatory breach matters
- Negotiation and settlement strategy
- Commercial litigation and dispute resolution
- Restraint of trade and non-compete enforcement
Each matter is managed directly by experienced lawyers to ensure you receive practical, commercial advice rather than academic explanations of contract law. We don’t just explain your rights; we tell you whether the fight is winnable and worth the cost before you’re deep into it.













The Real Cost of Getting Breach Advice Wrong
Terminate a contract without proper grounds and you become the breaching party yourself. Walk away too early and the other side sues you for repudiation, flipping a $50,000 claim into a $200,000 liability. Standard solicitors review the contract and explain termination clauses. They rarely investigate whether your specific circumstances actually trigger those rights or whether the other party’s conduct justifies immediate termination.
NSW courts assess termination validity based on what a reasonable person would understand from the contract terms and the circumstances, not what you subjectively believed your rights were. If you’re considering termination, obtain written legal advice first to confirm grounds exist and notice requirements are satisfied. Many contracts require dispute resolution attempts before termination becomes effective. Skipping those steps can invalidate your termination even if the underlying breach was serious.
Paul Grasso
Mark and the team at Lazarus legal have been very friendly and extremely helpful, working around the clock to ensure my clients have been kept up to date throughout transactions. Could not speak any more highly of the team at Lazarus and would highly recommend them to anyone wanting a reliable firm by their side
Australian Furniture Association
As one of our many preferred partners, Lazarus Legal continues to offer the support required to manage customer and community expectations from organisations such as ours. Our needs are often complex and a bit out of the box, so we’ve been very satisfied with the agility and flexibility provided by Lazarus Legal. We highly recommend Lazarus Legal to other associations and businesses.
William Chen
I highly recommend Mark and the team at Lazarus Legal. They assisted me with reviewing and negotiating a commercial lease. The entire process straightforward and stress-free. Thank you!
- Ready when you are
Stop Guessing Whether You Have a Case
Book a breach of contract assessment with our Sydney team and get clear advice on your rights, realistic outcomes, and recommended next steps. No jargon, no pressure; just practical guidance on whether to fight, settle, or walk away. Contact Lazarus Legal today to discuss your dispute.
What NSW Businesses Ask Before Hiring Breach of Contract Lawyers
Is it worth it to sue for breach of contract?
It depends on the contract value, the strength of your evidence, and whether the other party can actually pay. Litigation typically costs $15,000 to $50,000 to run through to judgment in NSW, so if your claim is worth less than $30,000, settlement usually makes more commercial sense. Under the Civil Procedure Act 2005 (NSW), courts also consider whether parties attempted genuine dispute resolution before litigation, and costs orders can penalise parties who unreasonably refused settlement.
Can you get compensation for breach of contract?
Yes. Damages aim to put you in the position you would have been in had the contract been performed properly. This includes direct financial losses, wasted costs, and lost profits if reasonably foreseeable at the time of contracting. According to principles established in Robinson v Harman (1848) and applied in Australian law, you must take reasonable steps to mitigate losses rather than letting damages accumulate while waiting for court.
What evidence is needed for a breach of contract?
You need the written contract, correspondence showing what each party was supposed to do, and evidence that the other party failed to perform their obligations without lawful excuse. Under NSW contract law, evidence must show what the parties agreed, what the breaching party failed to deliver, and what losses you suffered as a direct result of that failure. Proving causation and foreseeability is often the hardest part and courts won’t award damages for losses that were unforeseeable or could have been avoided through reasonable mitigation.
Can I terminate a contract if the other party breaches it?
Only if the breach is serious enough to justify termination under NSW law. You can terminate if the other party breaches an essential term, repudiates the contract by refusing to perform, or commits a serious breach of an intermediate term that deprives you of substantially the whole benefit. Terminating for a minor breach when you don’t have the right makes you the breaching party and exposes you to damages claims. Most commercial contracts include termination clauses specifying notice periods and breach cure rights, which must be followed strictly before termination is valid.
How much do breach of contract lawyers cost in Sydney?
Hourly rates typically range between $350 and $650 plus GST, though many firms offer fixed-fee pricing for initial breach assessments and letter of demand services. At Lazarus Legal, clients receive transparent fee estimates upfront based on the specific dispute and whether negotiation, mediation, or court is the most likely path. Most breach disputes settle after a properly drafted letter of demand or initial court filing, avoiding full trial costs while still securing compensation or exit terms.