Description
Attend and earn 1.5 CPD hours 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
Chair
Wai Kaey Soon, Barrister, Frederick Jordan Chambers
Using Contracts to Cap and Avoid Liability for Uncommercial Risks
- Why capping or excluding liability can be a reasonable thing to do
- Why your contract counterparty might accept a liability cap
- How to use contracts to cap or exclude liability: legal do’s and don’ts
- Negotiating exclusion and limitation clauses
Presented by Owen Hayford, Principal, Infralegal, Leading Front End Construction, Infrastructure & Major Projects Lawyers, Doyles’s Guide 2023
Confronting “Unfairness”
- Australian Consumer Law and governing unfairness
- Lessons learned from the new unfair contract terms regime
- Unfair business practices reforms
- Contracting to avoid unfairness and disputes
Presented by Adrian Lawrence, Partner, Head Asia Pacific Technology, Media & Telecommunications Group, Baker McKenzie and Caitlin Whale, Special Counsel, Baker McKenzie
Chair
François FF Salama, Barrister, 13th Floor St James Hall
Presenters
Adrian Lawrence, Partner, Baker McKenzie
Adrian Lawrence is the Co-Head of Baker McKenzie's Global FinTech Initiative and also leads Baker McKenzie's Technology Media and Telecommunications Group in the APAC region. Adrian regularly advises clients across the sector, from established technology companies, to financial services institutions and early stage disruptors. He advises on a range of issues relevant to the FinTech space, including on privacy and data utilisation, regulatory compliance, commercial partnerships and product creation and distribution. Adrian also regularly assists large international clients with their requirements for entry into a range of APAC markets. He is a regular speaker on technology, privacy and digital media issues including as a lecturer in the postgraduate program at the University of New South Wales.
François FF Salama, Barrister, 13th Floor St James Hall
François F.F. Salama was called to the NSW Bar in 2006. He has a diverse commercial law practice but is known for his work across the three main specialised areas within the Equity Division of the Supreme Court of NSW. François regularly appears in superior courts at first instance and on appeal across all Australian jurisdictions. François has attained a Bachelor of Laws (UTS), Bachelor of Science in Computing Science (Information Technology) (UTS), Diploma in IT Professional Practice (UTS), Graduate Diploma in Legal Practice (UTS), a Master of Laws, is a Registered Trust & Estate Practitioner (TEP) and Nationally Accredited NMAS Mediator (Med). François is currently serving his second term on the NSW Bar Succession and Protective Law Committee and was most recently appointed a Board Member for the NSW Chapter of the Society of Trust and Estate Practitioners. Francois has been consistently recognised by his peers as a 'leading lawyer' in the Doyles Guide (2019-2023) and was also a Finalist for the 2023 Australian Law Awards "Barrister of the Year".
Owen Hayford, Principal, Infralegal
Owen has over 25 years experience advising on contracts, with a focus on infrastructure projects. Owen commenced his legal career at Clayton Utz, where he became a senior partner. He also led the infrastructure teams at PwC Legal and DLA Piper before graduating from the Big Firm model to establish Infralegal. Infralegal’s business model allows Owen to specialise in providing strategic legal and commercial advice without the overheads and constraints associated with the BigLaw business model. Owen has drafted and negotiated more clauses that limit or exclude liability than he cares to remember. He brings technical understanding to this topic, seasoned with commerciality.
Caitlin Whale, Partner, Baker McKenzie
Caitlin Whale is a special counsel in the IPTech team at Baker McKenzie. She advises on technology, data issues, cybersecurity, privacy, procurement and telecommunications issues. Her practice focusses on complex commercial transactions, particularly those which involve technology, data or cybersecurity issues. Caitlin has practiced as a technology and intellectual property lawyer in both Sydney and London for over 17 years.
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.
