Running a Business? These Contract Mistakes Could Cost You Thousands

If your business relies on handshake deals, outdated contracts, or copied templates, you may already be exposed to serious legal risk without even realising it.

In Australia, commercial contracts are not just “best practice”; they are your first line of defence when a deal goes wrong. Poorly drafted or unclear agreements often lead to disputes, unpaid invoices, or costly litigation that could have been avoided from the outset.

Why Proper Contracts Matter

A legally sound contract sets out the rights and obligations of each party and provides certainty if a dispute arises. Under Australian law, a valid contract generally requires offer, acceptance, consideration, intention, and certainty of terms. When any of these elements are unclear, enforceability becomes an issue.

The Australian Consumer Law (ACL), found in Schedule 2 of the Competition and Consumer Act 2010 (Cth), also imposes strict obligations on businesses, particularly around unfair contract terms and misleading conduct. You can view the legislation directly via the Federal Register of Legislation:
https://www.legislation.gov.au/C2004A00109/latest/text

For small businesses, unfair contract terms can now attract significant penalties, making compliance more important than ever.

Common Contract Mistakes We See

1. Using generic online templates that don’t reflect your business operations
2. Failing to clearly define payment terms, termination rights, or dispute resolution clauses
3. Ignoring compliance with statutory obligations under Commonwealth and State legislation
4. Not updating contracts as your business grows or changes

In Victoria, for example, additional protections and obligations may arise under State-based legislation depending on the nature of the agreement and industry involved. Government resources are available via:
https://www.consumer.vic.gov.au

Protect Your Business Before Problems Arise

A well-drafted contract is far cheaper than a legal dispute. Investing in proper legal advice early can save your business time, money, and stress down the line.

Contact us today to review your existing contracts or have a tailored agreement drafted to protect your business with confidence.