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Notice To Cure Breach Of Contract Template for Australia

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Key Requirements PROMPT example:

Notice To Cure Breach Of Contract

"I need a Notice to Cure Breach of Contract for my construction company to send to a subcontractor who has failed to meet project milestones and missed three completion deadlines, with the latest deadline being January 15, 2025, causing significant delays to our project timeline."

Document background
The Notice To Cure Breach Of Contract is a crucial document in Australian commercial practice, serving as a formal mechanism to address contract violations and maintain business relationships while protecting legal rights. It is typically used when one party has failed to meet their contractual obligations and the other party wishes to formally demand compliance before pursuing more severe remedies. The document must be drafted in accordance with Australian contract law principles and should clearly identify the breach, specify the required remedy, and provide a reasonable timeframe for cure. This notice often serves as a prerequisite to further legal action and creates a documented record of the breach and the opportunity provided for remedy. It's particularly important in commercial contracts where maintaining business relationships while protecting legal interests is paramount.
Suggested Sections

1. Recipient Details: Full legal name and address of the breaching party, including any relevant reference numbers

2. Contract Identification: Clear identification of the relevant contract including date, parties, and contract reference number

3. Breach Description: Detailed description of the specific breach(es), including dates and relevant contract clauses violated

4. Impact Statement: Description of how the breach has affected your business or interests

5. Remedy Requirements: Clear statement of what actions are required to remedy the breach

6. Cure Period: Specific deadline by which the breach must be remedied, ensuring it's reasonable and in line with the contract terms

7. Consequences Statement: Clear statement of what actions will be taken if the breach is not remedied within the specified period

Optional Sections

1. Previous Communications: Reference to any previous informal attempts to resolve the issue or previous notices - include when there has been prior correspondence

2. Reservation of Rights: Statement preserving legal rights and remedies - particularly important in serious breaches

3. Without Prejudice: Include when the notice includes settlement proposals or negotiations

4. Dispute Resolution Reference: Reference to contract's dispute resolution clause - include when escalation is likely

Suggested Schedules

1. Evidence of Breach: Copies of relevant documentation proving the breach

2. Contract Extract: Copy of relevant contract clauses being breached

3. Communication History: Chronological list of relevant prior communications regarding the breach

4. Required Actions Schedule: Detailed list of specific actions required to remedy the breach, if too extensive for main letter

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses















Relevant Industries

Construction

Real Estate

Manufacturing

Professional Services

Technology

Retail

Healthcare

Financial Services

Transport and Logistics

Mining and Resources

Education

Telecommunications

Agriculture

Relevant Teams

Legal

Contracts

Commercial

Operations

Procurement

Risk and Compliance

Senior Management

Project Management

Business Development

Relevant Roles

Contract Manager

Legal Counsel

Commercial Manager

Chief Legal Officer

Project Manager

Procurement Manager

Business Development Manager

Operations Manager

Chief Executive Officer

Chief Operations Officer

Risk Manager

Compliance Officer

General Counsel

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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