Issuing A Notice Of Remedy Breach: Australian Business Guide

If you’re dealing with a contract that isn’t being honoured - late payments, missed deliverables, or ongoing non-compliance - a formal notice to remedy breach can help you take control and protect your position.

This guide explains what a notice to remedy breach is, when to use it, how to draft and deliver it properly, what to watch out for in leases and state-based rules, and what to do after you’ve sent one. Our goal is to help you resolve issues early, keep relationships professional, and safeguard your rights under Australian law.

What Is A Notice To Remedy Breach?

A notice to remedy breach (often called a “notice of remedy breach”) is a formal written notice telling the other party that they are in breach of a contract, what they need to do to fix it, and by when.

At a minimum, it should:

• Identify the alleged breach and reference the relevant contract term(s).
• Set out what action is required to fix (remedy) the breach.
• Specify a reasonable timeframe to remedy.
• Explain what may happen if the breach is not remedied (for example, termination or legal action).

Importantly, the need to issue a notice usually comes from your contract. Many Australian contracts require a formal notice and “cure period” before you can terminate or exercise certain rights. In some contexts (such as certain leases), legislation may also prescribe how a compliant notice is given. If you’re unsure what your agreement requires, consider a quick contract review so you know where you stand before you act.

When Should You Send One In Australia?

Not every hiccup requires a formal notice. However, a notice to remedy breach is typically appropriate when:

• You have a written contract (or clear documented terms) with the other party.
• The breach affects payment, performance, timing, quality, confidentiality, IP, or another key obligation.
• Your contract requires you to give written notice and an opportunity to remedy before taking further steps.
• Informal attempts to fix the problem (emails, calls) haven’t worked, or the breach is ongoing.

Examples include repeated late payments, failure to deliver goods or services, defective work not being rectified, or a tenant not complying with essential lease terms.

Whether a breach justifies termination or damages will depend on your contract and the circumstances. For an overview of what counts as a breach and common remedies under Australian law, see this guide to breach of contract.

How Do You Draft And Issue The Notice?

Your notice doesn’t need to be complicated, but it must be clear, accurate and compliant with your contract’s notice clause. Here’s a practical way to approach it.

Step 1: Check The Contract’s Notice Requirements

• Look for clauses about breach, default, termination, and “notices.”
• Confirm what must be included, the cure period (if any), and the permitted delivery methods (for example, email to a specific address, hand delivery, or registered post).
• Note any pre-conditions (such as a requirement to engage in good faith discussions first, or to follow a dispute resolution process).

If wording is unclear or there are multiple documents (for example, a master services agreement and statement of work), it’s worth getting quick input from a contract lawyer before you send the notice.

Step 2: Draft The Notice (Key Elements)

• Parties and contract details: Name both parties and reference the contract (title and date). If relevant, include clause numbers.
• Facts and breach: Describe what happened (or did not happen), and why that amounts to a breach of a specific obligation.
• Remedy required: Specify exactly what must be done to fix the breach - for example, pay the outstanding amount, deliver the missing items, or rectify defects to an agreed standard.
• Deadline: Provide a clear timeframe to remedy. What’s “reasonable” depends on the breach and contract, but the period should allow genuine time to fix the problem.
• Consequences: State the next steps if the breach is not remedied by the deadline (for example, you may suspend performance, recover debt, or terminate the agreement).
• Signature and date: Sign and date the notice.

Step 3: Use Clear, Professional Language

Stick to facts, avoid emotive or ambiguous wording, and keep the scope tight. You want the recipient to understand exactly what needs to be done to remedy - which also makes resolution more likely.

Step 4: Deliver The Notice Correctly

• Follow the contract’s method of service: send to the nominated email or address, use registered post if required, and meet any timing rules (for example, notices deemed served the next business day).
• Retain proof of delivery (email delivery receipt, courier tracking, signed acknowledgement).

Sample (Simplified) Notice

Notice To Remedy Breach
Date: 1 June 2025

To: ABC Pty Ltd (ABN 12 345 678 901)
Re: Services Agreement dated 5 January 2025 (Agreement)

We refer to Clause 4.2 of the Agreement, which requires delivery of the monthly performance report by the 15th of each month. No report was provided for May 2025.

Please provide the May 2025 report within 10 business days of receipt of this notice. If the breach is not remedied within that timeframe, we may exercise our rights under the Agreement, which include suspending services and/or terminating the Agreement.

Signed: Jane Smith, Director, 123 Consulting Pty Ltd

Before sending your notice, double-check that your requested remedy and timeframe align with the contract. If the issue is complex or high-stakes, you can also consider a short, without-prejudice discussion alongside the formal process to encourage a practical fix, while preserving your formal rights.

What Happens After You Send It?

• The breach is remedied: If the other party fixes the issue by the deadline, confirm in writing and continue under the contract.
• Partial or disputed remedy: If there’s disagreement about whether the breach has been fixed, review your evidence and the contract wording. Consider a brief escalation under any dispute resolution clause.
• No remedy: If the breach isn’t remedied on time, check your next-step rights (for example, termination, suspension, or debt recovery). For clean exits, many businesses formalise the end of a relationship using a Deed of Termination or, where appropriate, a Deed of Release and Settlement.

Are There Any Special Rules For Leases Or Specific States?

Your contract is usually the primary source of notice requirements. That said, in some areas - particularly leasing - legislation can prescribe what a compliant notice must cover before certain steps (like ending a lease) can be taken.

For example, commercial and retail leasing frameworks in several Australian states set out rules for how and when landlords can act following a tenant breach. These rules typically require a written notice that identifies the breach and gives a reasonable period to remedy, but the exact content and timing can vary by jurisdiction and lease type.

If you’re dealing with a lease in New South Wales, it’s especially important to ensure your notice and timeline align with both the lease and any applicable legislation before taking termination steps. For more on ending leases in NSW, read this guide to lease termination notices. If you need tailored advice, a commercial lease lawyer can help you check compliance and strategy before you act.

Key point: avoid assuming a fixed number of days always applies. The required period will depend on your contract and, in some cases, the relevant leasing legislation. When in doubt, err on the side of a genuinely reasonable timeframe or get a quick sense-check before sending.

Common Mistakes To Avoid (And What To Do Instead)

Small errors in a notice can create big headaches. Here are common pitfalls and practical ways to avoid them.

1) Skipping The Contract Check

The risk: Missing a required notice period, delivery method or prerequisite step (like a good-faith discussion) can undermine your position.

What to do instead: Read the breach, termination and “notices” clauses closely. If your contract has been amended over time, confirm you’re looking at the latest version (including any schedules or statements of work). If you need to adjust existing terms going forward, get across how to vary a contract properly.

2) Vague Description Of The Breach

The risk: If the recipient can’t tell exactly what went wrong, your notice may be challenged or ignored.

What to do instead: Set out the facts, reference the specific obligation, and explain the gap clearly. Keep it factual and concise.

3) Unreasonable Timeframes

The risk: An unrealistically short cure period may be seen as unfair or non-compliant with your agreement.

What to do instead: Align your timeframe with the contract. If it’s silent, choose a period that allows a genuine opportunity to fix the issue, taking into account the nature of the breach.

4) Wrong Method Of Delivery

The risk: Your notice might not be “deemed served,” which can delay timelines or invalidate follow-on steps.

What to do instead: Follow the notice clause exactly (address, email, hand delivery, registered post). Keep proof of delivery.

5) Overreaching Consequences

The risk: Threatening steps you’re not entitled to take can backfire and escalate disputes.

What to do instead: Only list consequences that your contract (and the law) actually gives you. If you’re considering termination, sanity-check your position first - the law around repudiation and “essential terms” can be nuanced, and getting it wrong can expose you to liability.

6) Treating Every Breach As “Termination-Grade”

The risk: Jumping straight to termination can sour relationships and increase costs.

What to do instead: Use the notice process to invite a quick fix. Many issues resolve once expectations are clear and timelines are set. If the breach is serious or persistent, escalate in line with the contract and, where appropriate, seek advice before pulling the trigger.

Key Takeaways

• A notice to remedy breach is a formal, contract-led step that asks the other party to fix a problem within a reasonable timeframe and warns of next steps if they do not.
• Check your contract first - the notice content, cure period and delivery method often live in the breach, termination and “notices” clauses.
• Draft clearly: identify the breach, state the required remedy, set a sensible deadline, and keep the tone professional and factual.
• Deliver the notice exactly as the contract requires and keep proof of service; this protects your timelines and your position.
• In leasing and other regulated contexts, legislation may add extra requirements - don’t assume a one-size-fits-all timeframe applies in every state or lease type.
• If the breach isn’t remedied, consider options like termination or settlement, and use formal tools such as a Deed of Termination or a Deed of Release and Settlement where appropriate.
• When the stakes are high or the contract terms are unclear, it’s wise to get quick input through a contract review or speak with a contract lawyer before you send your notice.

If you’d like a consultation on issuing or responding to a notice to remedy breach, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.