Contracts & Agreements
Drafting and reviewing commercial contracts in Melbourne. Orange Legal Group prepares supply agreements, service contracts, NDAs and more.
Frequently Asked Questions
- Do I need a lawyer to review a commercial contract?
- Not legally, but it is strongly advisable for any contract of significance. A lawyer will identify ambiguities, gaps and terms that could expose you to liability — before you are bound by them.
- What should a good commercial contract include?
- At a minimum: clear identification of parties, the scope of goods or services, payment terms, duration and termination rights, liability and indemnity provisions, dispute resolution and governing law. The specifics depend heavily on the transaction type.
- What is a restraint of trade clause?
- A restraint of trade clause restricts one party from competing with or soliciting clients from the other for a specified period and within a specified area. In an employment or business sale context, the enforceability of the restraint depends on its reasonableness.
- What is the difference between a contractor and an employee?
- An employee works under a contract of service and is entitled to Fair Work protections — including the NES, minimum wage, superannuation and leave entitlements. A contractor works under a contract for services and is generally responsible for their own tax and super. The distinction is determined by the substance of the arrangement, not the label.