Contract Law Conference 2025: Risk Minimisation, Regulatory Compliance and Disputes

A jam-packed Contracts Conference. Business risks are real; here you will find the solutions from a well-known panel of experts. Explore unfair contract terms enforcement and the latest cases and decisions along with navigating contract frustration. Examine warranty, indemnity, liability, and insurance clauses. Learn to identify early warning signs of insolvency and risk management through contracts. Gain insight into privacy and data protection requirements and compliance considerations for emerging regulatory issues. Additionally, explore alternative dispute resolution techniques, favourable exit negotiation strategies, and best practices for e-contracting.

Friday, 14 March 2025
Description

Attend and earn 7 CPD units in Substantive Law  
This program is applicable to practitioners from all States & Territories

Session 1: Navigating Contract Disputes

Chair: Simone Rees, Co-Founder and Principal, Buchanan Rees Dispute Lawyers

2.00pm to 2.45pm Privacy, Data Protection and Confidential Information Provisions in Your Agreements

 

  • Privacy obligations including in the event of a data breach
  • Rights to use, disclose and retain data
  • Protecting confidential information and trade secrets 

Presented by Donna Short, Partner, Addisons, Recommended Non-Contentious Intellectual Property Lawyers, Doyle’s Guide 2024

3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Compliance, Mitigation and Emerging Risks in Australia: What to Look for in Your Contracts?

 

  • Contractual strategies for managing directors’ and officers’ liability: Trends and recent developments
  • Addressing emerging risks (cybersecurity, environmental) through effective contract clauses for board and management compliance
  • Contractual protections for small to medium enterprises, with a focus on the lasting impact of COVID-19
  • Future-proofing contracts to mitigate potential risks and liabilities 

Presented by James Stanton, Senior Associate, MinterEllison

9.00am to 9.50am Unfair Contract Terms in the Wake of the Ruby Princess Decision

 

  • Can we see any trends
  • What lessons can we learn 

Presented by Robert O'Neill, Barrister, Lachlan Macquarie Chambers

9.50am to 10.40am Frustration of Contracts

 

  • Principles of frustration: From Codelfa to Cao
  • When (if ever) does hardship of performance amount to frustration?
  • Frustration and force majeure clauses The Frustrated Contracts Act 1978 (NSW): when does (and doesn’t) it affect the question? 

Presented by Angus Macinnis, Director of Dispute Resolution, StevensVuaran Lawyers 

10.40am to 10.55am Morning Tea
10.55am to 11.45am Navigating Insolvency Issues in Your Contracts: Key Considerations When Another Party Faces Insolvency Risks

 

  • Understanding the key risks to clients contracting with parties who face solvency challenges
  • Early warning indicators of insolvency
  • Strategies to mitigate risk for clients: immediate & future risks 

Presented by Ben Dibden, Partner, Bridges Lawyers, Recommended Commercial Litigation and Dispute Resolution Lawyer, Doyle’s Guide 2024

11.45am to 12.30pm Factors Limiting an Award of Damages for Breach of Contract

 

  • Why damages
  • Expectation principle
  • Proving loss
  • Onus
  • Damages for loss of opportunity and reliance damages
  • Consequential loss
  • What are the factors that limit an award of damages for breach of contract
  • Causation and remoteness
  • Mitigation and imitation of liability clauses
  • Rationale behind these factors providing a vital legal constraint to recovery of damages
  • Distinction between causation and remoteness
  • Discuss the factors in detail and their application in recent case law 

Presented by Luke Buchanan, Co-Founder and Principal, Buchanan Rees Dispute Lawyers; Best Lawyers, Litigation (2014- 2025) & Class Action Litigation (2015- 2023), and Tabeth Takavarasha, Senior Associate, Buchanan Rees Dispute Lawyers

12.30pm to 1.15pm ADR and Strategies that Facilitate Favourable Exit Negotiations

 

  • The appropriate stage to consider and plan ADR
  • ADR options domestic disputes: mediation, neutral evaluation and arbitration
  • Manner and form of resolution of domestic disputes
  • ADR options international disputes: mediation and arbitration
  • Manner and form of resolution of international disputes 

Presented by Christopher Freeman, Barrister, Culwulla Chambers

Session 2: Drafting Contracts for Risk Minimisation and Regulatory Compliance

Chair: Wai Kaey Soon, Barrister, Frederick Jordan Chambers

2.45pm to 3.30pm Risk Allocation Tools: Insurance, Indemnity and Warranty Clauses

 

  • Insurance as a resource and risk allocation tool
  • Effective insurance, indemnity and warranty clauses
  • Key insurance concepts and common misconceptions
  • Maximising the benefits of your insurance policy as a contract risk allocation tool 

Presented by Raymond Giblett, Partner, Norton Rose Fulbright Australia, and Timothy Chan, ANZIIF CIP, Senior Associate, Norton Rose Fulbright Australia

4.30pm to 5.15pm E-contracting and Electronic Signatures

 

  • Best practices: creating and managing electronic contracts
  • Signatures
  • Authentication
  • Liability issues
  • Online dispute resolution 

Presented by Richard Chew, Partner, K&L Gates; Best Lawyers 2023, Commercial Law; Best Lawyers 2023, Information Technology Law 2025 

Presenters


Tabeth Takavarasha, Senior Associate, Buchanan Rees Dispute Lawyers
Tabeth has extensive and diverse litigation experience acquired in Australia and in other common law jurisdictions. She is a commercially astute and well-rounded litigator who brings significant depth to the firm. Tabeth litigates commercial disputes on behalf of private companies and high net worth clients, including in the Supreme Court of NSW and the Federal Court of Australia. Tabeth is also experienced in the class action space and has acted for numerous clients across several significant class actions in Australia. Tabeth’s international experience includes representing government departments and corporate and individual clients. Tabeth was part of a team that advised high ranking government officials, such as, the Provincial Premier; Provincial Ministers and Heads of Departments (including in matters reported in the media). Tabeth has strong advocacy skills which she has developed through her appearances on behalf of clients in Court in international trials. Tabeth has utilised her analytical and technical skills to obtain a Masters of Law (Corporate Law) degree. Her LLM research examined the effects of cartel conduct and whether the immunity extended to directors under The Competition Commission’s Corporate Leniency Policy provided adequate protection against criminal and civil liability.


Simone Rees, Co-Founder and Principal, Buchanan Rees Dispute Lawyers
Simone Rees has a proven track record in guiding corporate clients and high-net-worth individuals through complex commercial litigation and alternative dispute resolution (including arbitration and mediation). Before founding Buchanan Rees, Simone accumulated valuable experience in the commercial litigation team of a national top-tier law firm, advising blue-chip corporate and government clients. Her consistent recognition in "The Best Lawyers in Australia" for Litigation (2021 - 2025) underscores her commitment to delivering a high standard of legal service. Beyond national recognition, she's made her mark as GLE's Dispute Resolution Law Representative in Australia, showcasing her dedication to advancing legal practices on an international scale. Together with Luke Buchanan, Simone founded Buchanan Rees Dispute Lawyers in order to provide a boutique commercial litigation offering, with a focus on technical excellence and outstanding client service.


Angus Macinnis, Director of Dispute Resolution, StevensVuaran Lawyers
Angus Macinnis is Director of Dispute Resolution at StevensVuaran Lawyers, a boutique commercial law firm in Sydney. Alongside his commercial dispute resolution practice, he has taught international sale of goods law at the University of Technology, Sydney, The University of Notre Dame Australia, and presently in the Thomas More Law School at the Australian Catholic University, where he holds the role of Legal Professional Mentor. He has also been invited to present lectures on the CISG for the international law practice course conducted by the International Law Section of the Law Council of Australia, and is a former co-chair of the Section’s International Trade and Business Law Committee.


Ben Dibden, Partner, Bridges Lawyers
Ben is an experienced and strategic Partner in our Commercial Litigation & Insolvency team. He prides himself on developing short & long term solutions for his clients having regard to each set of commercial circumstances.


Christopher Freeman, Barrister, Culwulla Chambers
Christopher Freeman has an equity and commercial dispute practice and has appeared in the Federal Court of Australia and the Equity Division of the Supreme Court of New South Wales for over 25 years. He has also appeared as an advocate in numerous international arbitrations at SIAC and HKIAC. He has given expert evidence on Australian contract law in Courts in Singapore, Thailand and Japan. He is an NMAS accredited mediator.


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.


Raymond Giblett, Partner, Norton Rose Fulbright Australia
Ray Giblett is a partner in Norton Rose Fulbright’s Sydney office and an insurance lawyer with over 25 years' experience. Ray is recognised as one of Australia's leading insurance lawyers in Chambers Asia Pacific, Legal 500, Best Lawyers (2013 Sydney Insurance Lawyer of the Year) and Euromoney's guide to the World's Leading Insurance and Reinsurance Lawyers. He is known for both his expertise and commerciality. Ray has extensive experience in both non-contentious and contentious insurance matters, advising across the full spectrum of insurance issues, Ray is the Chair (Asia Pacific) of the AIDA Financial Lines & Cyber Working Party and the Editor of the Insurance Law Journal. Ray is also a member of the Australian Insurance Law Association (committee member), Australian Professional Indemnity Group and the Reinsurance Discussion Group.


Timothy Chan ANZIIF CIP, Senior Associate, Norton Rose Fulbright Australia
Tim Chan is a corporate risk and insurance lawyer based in Sydney. He works with corporates, banks, insurers and new ventures on risk allocation and insurance issues, including for major infrastructure projects. He regularly advises companies and boards on the adequacy of their insurance cover, insurance provisions in contracts and the development of new insurance products. Tim regularly acts for policyholders and insurers in relation to large scale or complex insurance claims. Tim is a recommended lawyer for insurance in The Legal 500 Asia Pacific (Rising Star) and is an ANZIIF certified insurance professional.


James Stanton, Senior Associate, MinterEllison
James is an experienced advisor and litigator in MinterEllison's Sydney Insurance and Corporate Risk group, with a focus on entity risk, insurance (front and back end), directors' & officers' duties, and financial services. With over 15 years in risk and insurance, James advises local and international corporates, SMEs and not-for-profit enterprises in relation to corporate risk, litigation defence, policy and contract drafting issues, and statutory compliance. James has been co-author of the International Comparative Legal Guide on Insurance & Reinsurance for several years, and co-edited the Insurance Contracts Act Handbook now in its 10th edition. James also has extensive commercial in-house experience, heading project teams and secondments with several large Australian and international financial institutions including Westpac, Allianz and Swiss Re. He worked extensively with industry clients across the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Royal Commission into Aged Care Quality and Safety, and recently on the COVID-19 Business Interruption Test Cases in Australia, New Zealand and the UK.


Robert O'Neill, Barrister, Lachlan Macquarie Chambers
Robert O’Neill is a practicing barrister of over 48 years and currently his Chambers are in Lachlan Macquarie Chambers at Parramatta. He has practiced over the years in most jurisdictions but in recent years has mainly practiced in the District and Supreme Courts in both Common Law and Equity. Robert is also a Fellow Certified Practicing Accountant (FCPA).


Luke Buchanan, Co-Founder and Principal, Buchanan Rees Dispute Lawyers
Luke has over 25 years' experience representing blue chip corporations and government clients in large, complex litigation and regulatory investigations, often with a value in the tens or hundreds of millions. Luke's experience spans disputes relating to the Corporations Act (including the provisions applying to financial services licensees), mergers and acquisitions, directors' duties, shareholders' rights, trustee and fiduciary duties, misleading or deceptive conduct, white-collar crime, termination of contracts (including the assessment of damages) and investigations by ASIC, APRA and ACCC. Luke is recognised in "The Best Lawyers in Australia" for Litigation (2014-2024) and Class Action Litigation (2015-2023); the 2022 winner of the International Advisory Experts (now known as Global Referral Group) award for Commercial Litigation and Dispute Resolution Lawyer of the Year in Australia; named by Acquisition International Magazine as Sydney's Leading Complex Litigation & Regulatory Lawyer of the Year for 2023; and a Global Law Experts (GLE) "Recommended Attorney" and the holder of the exclusive GLE Commercial Litigation law position in Australia. Prior to establishing Buchanan Rees Dispute Lawyers, Luke spent over 20 years (including 13 years as a partner) in Litigation & Dispute Resolution at a top-tier, national law firm.


Donna Short, Partner, Addisons
Donna Short is a partner in the intellectual property group at Addisons. Donna’s work with clients involves the entire intellectual property life cycle from the initial innovation stage, IP protection, commercialisation and enforcement of IP rights. Donna's practice covers both contentious and non-contentious intellectual property matters. Donna’s areas of expertise includes trade marks, copyright, designs, privacy and data protection and technology issues. Donna is ranked in the Chambers Global Guide and Chambers Asia Pacific Guide 2023 for Intellectual Property, Trade Mark and Copyright. Donna is also ranked as a leading trade mark professional for prosecution and strategy, trade mark enforcement and litigation and trade mark transactions in The World’s Leading Trademark Practitioners 2023.


Richard Chew, Partner, K&L Gates
Richard is an experienced intellectual property and technology lawyer who focuses on commercial transactions and technology, telecommunications and outsourcing matters in Australia and the Asia Pacific region. He assists his clients with commercial transactions, technology and IP commercialisation, outsourcing, IT and commercial telecommunications arrangements, strategic procurement and sourcing, vendor management and negotiated company and business mergers and acquisitions across a range of industries. Richard also works with clients on commercial transactions in the Asia Pacific region, including China, Thailand and India. Richard assisted clients with some of the largest business critical technology and outsourcing transactions in Australia and South East Asia. Working with a diverse range of clients, from small and medium enterprises to the largest ASX-listed companies, his clients operate in the food, liquor, retail, telecommunications and technology services industries. Richard has a Bachelor of Science (Computer Science), a Bachelor of Laws (Hons) and a Graduate Diploma in Legal Practice, all from the Australian National University.

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Contract Law Conference 2025: Risk Minimisation, Regulatory Compliance and Disputes

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DELIVERY MODE BELOW

All Sessions
Friday, 14 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$556.50
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Morning Session
Friday, 14 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$353.50
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Afternoon Session
Friday, 14 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$294.00
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Venue
Sheraton Grand Sydney Hyde Park

161 Elizabeth Street, Sydney 2000

Directions

Nearby transport options:

Bus Station: Hyde Park, Park St, Stand C 

Metro Station: St James Station 

Train Station: St. James Station 

Parking Information

Parking is not included in your registration. Here are some nearby parking options:

Sheraton Hotel Car Park - Secure car park entry is via Castlereagh Street, it has 8 electric charging stations. Early Bird Parking Rate is $45 if you arrive before 9am and depart before 6pm. Further information can be found here.

201 Elizabeth St Car Park - Located a 2 minute walk away from Sheraton Grand. Entry via Castlereagh Street. Click here for rates. 

Wilson Parking Citigroup Centre Car Park - Located a 5 minute walk away from Sheraton Grand. Entry: 271 Pitt St. Click here for rates.