Australia Civil claims, contracts and enforcement 1 min 10 sec

Video chapters

  1. 0:00 Can a verbal agreement be a contract?
  2. 0:31 Proving offer, acceptance and terms
  3. 0:48 When writing is required
  4. 0:55 Evidence and next steps

Quick answer

A verbal agreement can be enforceable, but the result depends on whether a contract was formed, what terms can be proved and whether legislation requires writing or another formality. Preserve messages, invoices, payments, witnesses and conduct that show what was proposed, accepted and performed.

About this historical recording

This recording is retained because it explains the issue in plain language and forms part of the Go To Court video archive. The current answer, practical steps and official sources on this page take priority wherever legislation, terminology, institutions, deadlines, penalties or service arrangements have changed.

What to do now

  1. Reconstruct the agreement: Write down who said what, when, the agreed work or goods, price and timing.
  2. Preserve corroboration: Keep messages, quotes, invoices, bank records, witnesses and evidence of performance.
  3. Check formalities: Ask whether legislation requires writing, signature, disclosure or another step for this transaction.
  4. Assess remedies and limits: Get advice about formation, breach, limitation periods, loss and proportionate dispute resolution.

Transcript

If you have entered into a verbal agreement, and it hasn't been put in writing in any form, it's still enforceable. A verbal agreement is just as legally enforceable as a written one, however you will strike problems improving the terms of the agreement. So it will come down to a matter of evidence. You can still pursue your claim to be paid under that agreement, but you will need to find ways to establish that the agreement existed, what the terms of the agreement are, and that can be very difficult if there's nothing in writing.

Current sources

Sources checked 4 September 2026.

Important

This page provides general information only; it is not legal advice and does not take account of your circumstances. The embedded video is a historical recording. Laws, court arrangements, procedures, fees, deadlines and official guidance can change. Check the current sources above and obtain advice from a qualified lawyer about your situation.

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