Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Time's up! Drafting Termination Clauses
The ability to draft effective termination clauses is a crucially important tool for commercial lawyers to possess. The key drafting techniques and practice points – which apply in all areas of front-end commercial legal practice – have been scrutinised by the High Court and provide practitioners with useful guidance on drafting effective termination clauses. This session covers:
- Lessons from the High Court in Shevill v Builders Licensing Board and Gumland v Duffy Bros on:
- the way termination clauses are drafted
- the types of drafting that are and are not effective
- The conceptual foundation that a contract-drafter must have to ensure that the effect of a proposed termination clause is understood
- How to ascertain whether the clause will have the intended effect
- The ipso facto moratorium, the doctrine of good faith and unfair contract terms legislation - drafting techniques and practice points
Presented by Alex Ottaway, Special Counsel, HWL Ebsworth
Chair
Wai Kaey Soon, Barrister, Frederick Jordan Chambers
Presenters
Alex Ottaway, Special Counsel, HWL Ebsworth Lawyers
Alex is a Special Counsel in the Sydney Construction and Infrastructure group of HWL Ebsworth Lawyers. He has over 12 years’ experience as a solicitor specialising in the resolution of disputes involving construction and infrastructure projects. He advises and acts for participants in diverse industries such as infrastructure, industrial plants, resources, energy, advanced manufacturing and housing. He has practised in Sydney and in London.
Wai Kaey Soon, Barrister, Frederick Jordan Chambers
Wai Kaey was admitted as a solicitor in 2010 and called to the Bar in 2014. His practice encompasses advising and appearing in contract and commercial disputes, insolvency and bankruptcy, complex corporations litigation and insurance law disputes. Wai Kaey has represented individuals, banks, insurance companies and multi-national corporations in a broad range of jurisdictions across Australia, including in New South Wales, Western Australia and Victoria. Prior to being called to the Bar, Wai Kaey gained experience at several large law firms and governmental statutory bodies, including Clayton Utz, Baker & McKenzie and the Australian Securities and Investments Commission (ASIC). He holds a Bachelor of Laws and a Bachelor of Science (Information Technology) degree from the University of Technology, Sydney, and a Master of Laws from the University of Sydney.
