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.
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Simone Rees, Co-Founder and Principal, Buchanan Rees Dispute Lawyers
- 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
- 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
- Can we see any trends
- What lessons can we learn
Presented by Robert O'Neill, Barrister, Lachlan Macquarie Chambers
- 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
- 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
- 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 Annabel Moore, Solicitor, Buchanan Rees Dispute Lawyers
- 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
Chair: Wai Kaey Soon, Barrister, Frederick Jordan Chambers
- 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 Joshua Kan, Associate, Norton Rose Fulbright
- Best practices: creating and managing electronic contracts
- Signatures
- Authentication
- Liability issues
- Online dispute resolution
Presented by Jessica Diep, Managing Partner, Maclarens Lawyers
Presenters
Jessica Diep, Managing Partner, Maclarens Lawyers
Jessica is a Partner in Maclarens Lawyers Corporate and Commercial Team and has 20 years’ experience dealing with an extensive range of commercial and property law matters including; mergers and acquisitions, contract negotiations, commercial and retail leasing, leasing disputes and property procurement (including through options). Her passion for her work and her ability to protect her clients' interests, is reflected in the number of long-term clients Jessica has gained and the referrals she receives from her clients and colleagues. Jessica lectures at UTS with the Faculty of Law and has been a continuing legal education presenter for 4 years.
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 a Partner at Bridges Lawyers, practicing in their Dispute Resolution and Insolvency group. Recognised in the 2024 Doyle’s Guide of leading New South Wales Commercial Litigation & Dispute Resolution Lawyers, Ben acts for a variety of clients involved in commercial transactions and as well as acting in addressing any disputes or litigation that can arise from commercial transactions. His clients include insolvency practitioners, directors and corporations of all sizes.
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.
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, guiding clients through the entire IP lifecycle from innovation to enforcement. Her practice spans contentious and non-contentious matters, with expertise in trade marks, copyright, IP commercialisation, advertising compliance as well as privacy and data protection. Donna’s expertise in the area of privacy includes assisting clients with privacy compliance as well as advising on data breaches and transfer of data across jurisdictions. Donna is ranked in the Chambers Global and Asia Pacific Guides for her work in IP and is recognised as a leading practitioner in Who’s Who Legal: Australia and New Zealand 2024.
Annabel Moore, Solicitor, Buchanan Rees Dispute Lawyers
Annabel is a litigation and dispute resolution lawyer with experience acting across multiple jurisdictions. She applies her technical and strategic skills across the breadth of our commercial litigation practice, and has a depth of knowledge in the areas of negligence and breaches of statutory duty. Annabel also has strong forensic skills which she brings to bear in each of her matters. Prior to joining Buchanan Rees Dispute Lawyers, Annabel worked in a boutique litigation practice specialising in historical and institutional child abuse claims, with a strategic focus on mediated outcomes. She has leveraged the experience she has gained litigating and mediating against corporations and government bodies to become highly valued by our clients.
Joshua Kan, Associate, Norton Rose Fulbright
Joshua Kan is a financial services and regulatory lawyer at Norton Rose Fulbright in Sydney, specializing in insurance matters, financial services regulation, and commercial dispute resolution. His work spans both contentious and non-contentious matters, including advising on complex claims, regulatory obligations, and major commercial transactions, with a deep understanding of the insurance and financial services landscape in Australia. He regularly advises insurers, insurance intermediaries, and government clients on regulatory compliance, risk management, and transactional insurance issues as well as acting in high-value insurance disputes. Prior to joining Norton Rose Fulbright, Joshua was an insurance litigator at a major global law firm, where he gained experience handling professional indemnity, directors' and officers' (D&O), and warranty and indemnity (W&I) claims.