Can I take legal action if someone breaches a contract?

Potentially, yes. If another party has failed to meet their contractual obligations, you may be entitled to seek compensation, enforce the agreement, or pursue another legal remedy. The most appropriate course of action will depend on the terms of the contract and the circumstances surrounding the dispute. We can help you assess your position and explain the options available.

Does a contract have to be in writing to be legally enforceable?

Not always. While written contracts generally provide greater certainty, verbal agreements and informal arrangements can also be legally binding in some circumstances. If there is uncertainty about whether an agreement is enforceable, we can review the available evidence and advise you on your rights and obligations.

Can contract disputes be resolved without going to court?

Yes. Many contract and commercial disputes are resolved through negotiation, mediation, or other forms of dispute resolution before court proceedings become necessary. Seeking legal advice early can often help clarify the issues, protect your position, and increase the likelihood of reaching a practical and cost-effective resolution.

What should I do if I receive a letter claiming I've breached a contract?

Don't ignore it. A claim doesn't necessarily mean you are legally liable, but it's important to understand your position before responding. Seeking legal advice early can help you assess the claim, protect your rights, and determine the most appropriate way to resolve the dispute.

Contract Breach & Commercial Disputes | Smith and Partners Lawyers

Whether you're dealing with an unpaid invoice, a supplier who hasn't delivered, a business partner dispute, or someone who hasn't met their obligations, disagreements can quickly become costly and disruptive. Understanding your legal position early can help you protect your interests and determine the most appropriate way forward.

At Smith and Partners, we provide practical advice and representation for individuals and businesses involved in contract and commercial disputes. Our focus is on resolving matters efficiently while protecting your rights and commercial interests.

Common contract and commercial disputes

We can assist with:

Contracts that haven't been honoured
Business owner, shareholder and partnership disputes
Disagreements involving directors or joint ventures
Franchise and commercial relationship disputes
Unpaid debts and other financial disputes
Insurance and professional negligence claims
Competition and Fair Trading issues
Inland Revenue disputes
Intellectual property disputes
Employment disputes affecting your business
Regulatory investigations and enforcement action
Urgent court orders (injunctive relief)

Whether you're seeking to enforce an agreement or responding to a claim, we can help you understand your position and the options available.

Resolving contract disputes

Every dispute is different. In many situations, commercial disputes can be resolved through early negotiation or mediation, avoiding the cost and disruption of formal court proceedings.

Where necessary, our litigation team has extensive experience representing clients through the courts and other dispute resolution processes. We will work with you to develop a practical strategy that reflects your objectives and the circumstances of your matter.

Our Litigation & Dispute Resolution team works with businesses and individuals across Auckland and throughout New Zealand on a wide range of contract and commercial disputes.

Whether your matter is straightforward or complex, we take the time to understand your circumstances, explain your options in plain English, and guide you through the process from start to finish.

If you're involved in a contract dispute or believe an agreement has been breached, contact Smith and Partners to discuss your situation and learn how we can help.

Can I take legal action if someone breaches a contract?
Potentially, yes. If another party has failed to meet their contractual obligations, you may be entitled to seek compensation, enforce the agreement, or pursue another legal remedy.

The most appropriate course of action will depend on the terms of the contract and the circumstances surrounding the dispute.

We can help you assess your position and explain the options available.
Does a contract have to be in writing to be legally enforceable?
Not always. While written contracts generally provide greater certainty, verbal agreements and informal arrangements can also be legally binding in some circumstances.

If there is uncertainty about whether an agreement is enforceable, we can review the available evidence and advise you on your rights and obligations.
Can contract disputes be resolved without going to court?
Yes. Many contract and commercial disputes are resolved through negotiation, mediation, or other forms of dispute resolution before court proceedings become necessary.

Seeking legal advice early can often help clarify the issues, protect your position, and increase the likelihood of reaching a practical and cost-effective resolution.
What should I do if I receive a letter claiming I've breached a contract?
Don't ignore it. A claim doesn't necessarily mean you are legally liable, but it's important to understand your position before responding.

Seeking legal advice early can help you assess the claim, protect your rights, and determine the most appropriate way to resolve the dispute.

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Opportunities and challenges as the Disputes Tribunal’s Jurisdiction Increased to $60,000

By Nathan Tetzlaff • January 30, 2026

The jurisdiction of the Disputes Tribunal doubled from $30,000 to $60,000 on 24 January 2026, causing significant changes for collecting medium sized debts. This increase is intended to improve access to justice and reduce the need for costly District Court litigation for medium sized disputes.

Litigation &

Dispute Resolution