Contractor Agreements:

Contractor agreements in the context of Cyberlaw or Internet Law can revolve around three broader categories of dispute and litigation activity: website related disputes with contractors, online commerce disputes with contractors, and IT disputes involving contractors. Drafting comprehensive, accurate and clear contractor agreements is therefore essential to prevent misunderstandings from developing into open conflicts between parties, which may unnecessarily then develop into complex disputes and costly litigation. No business owner wants to waste time fighting unnecessary battles if they could have been avoided through competent contract drafting.

Contractor agreements in the context of an internet based or online business will involve the general principals of Contract Law, as well as any specific legal or policy requirements common to the industry. This will be the case whether:

(a) A solicitor is being asked to draft a contractor agreement; or

(b) A solicitor is being asked to provide legal advice and representation in relation to a dispute concerning an existing contractor agreement.

A Contractor Agreement Lawyer will need to be fully appraised of the nature of the business in which the contract is being used before any advice can be contemplated. The relevant laws and industry policies will also need to be taken under consideration. Only after these have been properly assessed in accordance with the facts of the case can the lawyer then attempt to:

(a) Draft and settle the terms and conditions of the contract which is specific for the IT industry or the online based business; 

(b) Engage in negotiations on behalf of a client who is contemplating signing such a contract; or

(c) Provide legal advice in relation to litigation surrounding a contractor dispute in the IT industry, which can involve the following:

• Provide legal advice in relation to the likelihood of success and outcomes of litigation as well as the rights and liabilities of the parties to the dispute;
• Attempt a negotiated resolution of the dispute through alternative dispute resolution procedures or any procedures stipulated under the contract;
• Draft and settle any Statement of Claim, Summons or Defence to any Statement of Claim or Summons, as well as advice the client of the possibility of any Cross-Claim which may be open on the facts; and
• Provide legal representation in any Tribunal or Court proceedings arising from the contractor dispute.

Specific matters that may arise in a contractor dispute may include issues going to the discharge of parties’ duties and obligations, allegation of negligence or professional negligence, issues relating to the accepted duty of care and the relevant professional standards involved in its assessment, as well as legal liabilities arising from breach and termination. Litigation in these areas of law may cross over into other areas of legal practice. Comprehensive legal advice concerning a cyberlaw or internet law dispute of this nature may therefore be bets obtained from a solicitor who has dealt with related areas of conflict in Contract and Commercial Law.

If you wish to make an appointment, please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.