Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
*This is an interactive recording, which allows you to claim all your annual CPD points
Chair
Allison McLeod, Partner, HWL Ebsworth; Best Lawyers Australia for Franchise Law
Unfair Contracts: Commercial Perspectives and Considerations in Disputes
- Setting out the legislative and legal framework governing unfair contracts
- Identifying unfair contract terms, what constitutes unfairness, and terms commonly determined to be ‘unfair’
- Examining relationships between contracting parties and other circumstances that may give rise to unfairness, including review of relevant cases
- Exploring the consequences of unfair contract terms and available remedies
Presented by Mayank Gupta, Partner, Cornwalls and Bishoy Genday, Senior Associate, Cornwalls
Presenters
Mayank Gupta, Partner, Cornwalls
Mayank brings over 15 years of international experience in corporate finance, distressed lending, restructuring, leveraged finance, asset finance, real estate finance, and project finance. He has acted for large financial institutions and corporates across Australia, the United Kingdom, the United States, China, India, Southeast Asia, Africa, and Eastern Europe. Recently, Mayank has worked closely with alternative capital investors, providing strategic advice to debt funds in distressed situations, purchasers of non-performing loans, and equity capital providers for large-scale project financings. He has significant experience in the UK and Asia, working on some of the largest transactions globally, including the largest wind farm financing in Ukraine, the largest bond issuance in Bangladesh, and the largest non-performing loan acquisition in Eastern Europe.
Bishoy Genday, Senior Associate, Cornwalls
Bishoy is a valued advisor and advocate in complex civil litigation and dispute resolution, with a focus on corporate insolvency. With experience managing multi-party and high-stakes litigation, Bishoy has acted for ASX-listed entities, large privately held companies, litigation funders, major property developers, high net-worth individuals, and insolvency practitioners. He practices in areas such as partnership and shareholder disputes, priority disputes, director misconduct, misleading and deceptive conduct, market manipulation, fraud, insolvent trading, voidable transactions, and other serious breaches of corporate civil penalty provisions, executing legal strategies while balancing commercialism and precision. Bishoy is a multi-award-winning lawyer, having gained recognition in the industry for his work in dispute resolution and insolvency. Bishoy received his specialist accreditation and professional membership in the Australian Restructuring Insolvency & Turnaround Association (ARITA), qualifying him as a Restructuring, Insolvency and Turnaround Professional and was commended for achieving first place in NSW and ACT in Advanced Insolvency and placing second in Australia.
Allison McLeod, Partner, HWL Ebsworth Lawyers
Allison is a corporate and commercial lawyer with a particular interest in franchising. She has extensive experience advising franchisor clients in all manner of franchising related issues – from providing advice about Australian market entry and the establishment of franchise networks in Australia, through to acting on sales/acquisitions and advising on dispute resolution. Allison’s experience also includes advising on, and assisting clients with, international expansion. In addition to franchising, Allison regularly advises on competition and consumer law issues, including reviewing contracts in the context of the Competition and Consumer Act 2010 (Cth), assisting clients in dealings with the Australian Competition and Consumer Commission, conducting competition and consumer law training and considering and advising on supply and pricing issues. Some of Allison’s broader commercial experience includes drafting and negotiating contracts, assisting clients with intellectual property protection and implementing structural changes, reviewing and drafting standard form documents and acting on private M&A transactions. Allison has been named in Best LawyersTM Australia for Franchise Law.