New Unfair Contracts Terms: The Risks and Enforcement Possibilities

After six months of the new regime, which now wields sharper teeth than ever before, it is crucial to understand the best way to act. It's time to explore internal protocols for drafting, reviewing, and negotiating standard contracts, how to protect your business clients' interests while mitigating the risk of being deemed unfair, and how courts are approaching these cases. Most importantly understand the risks for both legal advisors in accessorial liability in addition to the parties to the contract.

Wednesday, 21 August 2024
Early Bird Discount ends 2 Aug 2024 $294.00

Samuel J. Woff, Partner, Warlows Legal and Lecturer, University of Melbourne

10.00am to 11.00am Best Approaches for Drafting Standard Form Contracts


  • Contracts based on standard form contracts
  • Identifying and recording legitimate interests
  • Drafting in the absence of clear judicial interpretation

Presented by Colin Harris, Partner, HWL Ebsworth Lawyers


Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 10.00am Are Lawyers Becoming Accomplices? The Risk of Accessorial Liability Under the Unfair Contract Law Regime for Lawyers who Prepare Standard Form Contracts


  • The requirements for accessorial liability for being knowingly involved in a contravention
  • The contraventions that exist for using unfair contract terms
  • There is a risk to lawyers of being an accessory to a contravention by reviewing or drafting unfair terms

Presented by Peter Sise, Special Counsel, Clayton Utz

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Latest Cases, Enforcement and Court Approaches


  • Approach of courts to these cases
  • Application to various contracting arrangements
  • Expanded judicial powers
  • Injunctive orders against entities using UCTs
  • Compensation for adverse effects

Presented by Ayman Guirguis, Partner, K&L GatesBest Lawyers 2024, Competition Law


Colin Harris, Partner,HWL Ebsworth Lawyers
Colin Harris has 14 years of experience in front-end and back-end construction for HWL Ebsworth's Construction and Infrastructure group. Colin holds a Masters of Construction Law and his experience encompasses contract drafting and negotiation, project management, contract administration, litigation and other forms of dispute resolution. He has prepared the construction contracts and associated tender and project agreements for many of the high rise projects across the Brisbane skyline, together with agreements for commercial, industrial and infrastructure projects. He has prepared and defended complex payment claims made under Security of Payment legislation in several States and in litigation arising from adjudications. He regularly advises on compliance with regulation in the industry, including in respect of corporate reconstructions and public listings.

Samuel J. Woff, Partner, Warlows Legal and Lecturer, University of Melbourne
Samuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator.

Peter Sise, Special Counsel, Clayton Utz
Peter Sise is a litigation lawyer at Clayton Utz with a focus on class actions, trade practices and insolvency. He is experienced in shareholder, financial services and product class commercial litigation. For several years, he has been the editor of Wolters Kluwer's commentary on unfair contract terms and written numerous articles and given numerous presentations in this area. He is also an editor of the LexisNexis publication, Inhouse Counsel.

Ayman Guirguis, Partner, K&L Gates
Ayman Guirguis heads up the Competition and Consumer Law team at K&L Gates in Australia. He advises on all aspects and issues of competition including the implications of mergers, joint ventures and supply chain issues; defending clients alleged to be parties to cartels or other anticompetitive arrangements; and consumer law issues including responding to ACCC investigations and defending prosecutions commenced by the ACCC. Ayman was formerly a senior officer of the ACCC. Ayman is named as a leading individual for Competition/Antitrust in Chambers Global and Best Lawyers.


New Unfair Contracts Terms: The Risks and Enforcement Possibilities


Single Session
Wednesday, 21 August 2024
9.00AM to 12.15pm Australia/Sydney
CPD Points 3
Early Bird Discount ends 2 Aug 2024 $294.00
Online 20240722 20240821


On Demand 20240722 20240821

Post Seminar Recording