High Court cases, enforcement proceedings on new legislation plus more - there is so much to keep abreast of in contract law currently. Together with renowned barristers and solicitors, you can examine the necessary issues including recent High Court cases on enforcing unfair contract terms and the new standard for calculating damages. Take a deep dive into strategies for managing insolvency risks and best practices relating to enforcement of privacy and confidentiality clauses. Examine the use of arbitration clauses in resolving contractual disputes. Plus, an ethics point. All in one day!
Tuesday, 18 March 2025
Session 1: Unfair Contracts, Confidentiality Clauses, Insolvency and Terminating Contracts
Chair: Samuel J. Woff, Former Corporate Lawyer, Senior Fellow, Melbourne University
9.00am to 10.00am Legal Alert: High Court Developments on Unfair Contract Terms and Enforcement Trends
- Recent cases: interpretation and enforcement
- Can we see any trends?
- PayPal enforcement decision
- Implications for your clients
Presented by Dr Oren Bigos KC, List A Barristers, and Stephanie Hooper, Barrister, List A Barristers
12.15pm to 1.15pm Effective Contract Termination
Presented by David Carlile, Barrister, Greens List
2.00pm to 3.00pm A New Standard for Calculating Damages: Cessnock City Council v 123 259 932 Pty Ltd (2024) HCA 17
Presented by JK Muckersie, Special Counsel, Clayton Utz
4.00pm to 4.15pm Afternoon Tea
Ethics & Professional Responsibility
4.15pm to 5.15pm When Someone Else's Mistake Becomes Your Problem: Ethical Obligations When Your Opponent Makes an Error
It’s easy to think that an error by your opponent which advantages your client is a gift, but in contract disputes, it’s actually a burden. Such mistakes are likely to create a conflict between ethical responsibilities and client interests that may be difficult to resolve, alongside practical risks specific to contract management and dispute resolution.
- Address the relevant ethical and practical considerations that arise in these situations. Obtain guidance from the professional conduct rules, commentary, and (colorful) case law to navigate these complex obligations
Presented by Peter Sise, Special Counsel, Clayton Utz
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
10.00am to 11.00am Privacy and Confidentially Clauses: Enforceability and Best Practices
Presented by Michael Rivette, Barrister, Chancery Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Practical Options to Consider Where Another Party is, Or at Risk of Being, Insolvent
- Warning signs to watch for
- Relevant corporate insolvency and restructuring processes and potential outcomes
- Impediments to exercising rights where there is an insolvency event
- Risk minimisation strategies
Presented by Sam Kingston, Partner, Maddocks; Recommended lawyer for Restructuring & Insolvency, Legal 500 Asia Pacific Guide 2024
Session 2: Calculating Damages, Using Arbitration and Ethics in Contract Disputes
Chair: Dr Paul Vout KC, List A Barristers; co-editor, Commonwealth Law Reports; Author, Laws of Australia on Breach of Contract; Co-author, Appeals and Appellate Courts in Australia and New Zealand, LexisNexis; Editor and co-author, Laws of Australia: Unconscionable Conduct and Laws of Australia: Torts, Lawbook
Professional Skills
3.00pm to 4.00pm Using Arbitration to Resolve Contractual Disputes
- The commercial benefits of arbitration
- The process of arbitration
- The arbitration clause
- A case study showing how arbitration works in practice
Presented by Matthew Harvey KC FCIArb, Owen Dixon Chambers West, and Huw Watkins, Barrister, Dever's List
Presenters
Samuel J. Woff, Former Corporate Lawyer, Senior Fellow, Melbourne UniversitySamuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator.
Stephanie Hooper, Barrister, List A Barristers
Stephanie practises in commercial law. She has particular expertise in corporate insolvency, banking and finance disputes and building and construction matters. Stephanie comes to the Bar after six years in private practice as a solicitor. Most recently, Stephanie practised in Herbert Smith Freehills’ dispute resolution team and, prior to that, in Norton Rose Fulbright’s insolvency and restructuring teams in both Melbourne and London. She is a co-author of Zuckerman on Australian Civil Procedure. Stephanie read with Carl Moller. Her senior mentor is Nicholas Pane KC.
David Carlile, Barrister, Greens List
David appears predominantly in property and commercial disputes. He also appears in wills and probate matters. He has appeared in trial, interlocutory and appellate proceedings in the Victoria New South Wales. He has also appeared in Western Australia and Queensland Supreme Court matters. He has appeared and advised in matters involving breach of contract, sale of goods, sale of livestock, sale of business involving breach of contract, misleading and deceptive conduct, unconscionable conduct, mistake, duress, fraud, estoppel, and negligence including professional negligence. He also advises and appears in relation to breach of director duties, shareholder disputes and winding up of corporations. He has been involved in many matters involving constructive or resulting trusts. He has appeared in farm and farm related matters. He has experience in joint venture disputes particularly in the area of property development. He has appeared in a number of Commercial Arbitrations, is a member of the Commercial Bar Association and also speak Japanese.
Dr Paul Vout KC, List A Barristers
Dr Paul Vout KC practices in corporate and commercial law (including insolvency), property and trusts, wills and estates. Before joining the Bar, Paul was the first chief representative in China of Blake Dawson Waldron (now Ashurst) and a Senior Associate in that firm's Banking and Finance Group. Before joining that firm, Paul was an Associate to the Hon. Justice Michael Kirby AC CMG (then President of the New South Wales Court of Appeal). Paul was called to the Victorian Bar in 2002 and has since appeared in the High Court of Australia, the Supreme Court of Singapore, as well as most other Federal and State Supreme courts. He is co-editor of the ‘Commonwealth Law Reports’ and is editor and co-author of ‘Laws of Australia: Torts’; and ‘Laws of Australia: Unconscionable Conduct’. Paul is also a co-author, with Her Excellency Margaret Beazley AC, Governor of New South Wales and former President of the New South Wales Court of Appeal, of ‘Appeals and Appellate Courts of Australia and New Zealand’.
Huw Watkins, Barrister, Dever's List
Huw Watkins (BA(Hons); LL.B (Hons); FCIArb; FACICA), admitted in 2010 and called to the bar in 2019, practices from 500 Bourke Street, Melbourne, and has extensive experience in international and domestic commercial disputes. His practice spans general corporate and commercial law, insolvency, building and construction, and arbitration matters, appearing across Australian jurisdictions and in domestic and international arbitrations. Huw, a fellow of ACICA and the Chartered Institute of Arbitrators, is listed as an arbitrator across the Asia Pacific region, teaches International Dispute Resolution at Keio University (LLM program), and is actively involved with Arbitration Victoria and related committees to promote arbitration in Victoria. Recognised by Doyle’s Guide in 2022 and 2023 as a leading Junior Counsel in International Arbitration in Australia, Huw has acted in major arbitrations, including Ichthys project-related disputes, claims of frustration and force majeure, and post-acquisition disputes as sole arbitrator. Fluent in Japanese, Huw regularly handles matters involving foreign language evidence.
Dr Oren Bigos KC, List A Barristers
Oren practises nationally in corporate and commercial law, undertaking both trial and appellate work. He took silk in 2019. He has particular experience in corporations, insolvency, regulatory proceedings, class actions, equity and trusts, property, banking and finance and trade practices / consumer protection. He has represented both class action plaintiffs and defendants. Oren has acted in many major corporate collapses. He also has public and regulatory law experience and has acted for and against regulators. Oren regularly appears for a wide range of private and government clients (including ASIC and ACCC) in proceedings in superior courts, both at first instance and appellate level. He has appeared several times in the High Court. Oren won the Supreme Court Prize at Monash University. With the assistance of a Menzies Scholarship Oren completed BCL, MPhil, and DPhil degrees at Oxford University. His BCL subjects were Conflict of Laws, Restitution, International Dispute Settlement, and Global Comparative Financial Law (in which he won the prize) and he was awarded a Distinction. His doctoral thesis was on Conflict of Laws. Before joining the Bar, Oren worked as the Associate to the Hon. Justice Finkelstein of the Federal Court, and as a solicitor at Mallesons and Freehills. He is listed in the “Best Lawyers” rankings (published in the AFR), the Chambers & Partners barrister rankings, and Doyle’s Guide. Oren is the chair of the CPD sub-committee of the Victorian Bar. He is also chair of the Insolvency Section of the Commercial Bar Association (CommBar), and is a member of CommBar’s executive committee. Oren is consulting editor of the Federal Court Reports and the Federal Law Reports. He is a co-author of Federal Court Practice. Oren taught Corporate Insolvency in the Postgraduate Law Program at Monash University from 2007 to 2011.
Michael Rivette, Barrister, Chancery Chambers
Michael Rivette is a globally-recognised leader in commercial, privacy, media and intellectual property law. An experienced trial and appellate advocate with more than 30 years’ experience in the law, Michael has successfully argued leading decisions in commercial, intellectual property and privacy law. Michael has appeared as counsel in major privacy related cases since successfully arguing the landmark Giller v Procopets (2008) 24 VR 1. He acted as Counsel in the first privacy class action issues in the Federal Court of Australia and regularly advises corporations and government departments on privacy compliance, risk and liability issues. Michael is recommended in Best Lawyers 2020: Lawyer of the Year – Privacy and Data Protections. Doyles Guide: Best Barristers 2019. Widely published and sought after as a speaker and lecturer across his fields of expertise, Michael is the Australian co-author to international texts The Law of Privacy and the Media - Tugendhat and Christie (OUP) and Remedies for Breach of Privacy (Hart). Michael is a Senior Fellow of the Melbourne University Law School, where he teaches Privacy Law in the Post Graduate programs.
Sam Kingston, Partner, Maddocks
Sam specialises in insolvency and restructuring, working with clients in all aspects of external administrations, security enforcement and insolvency dispute resolution. He has acted for clients in a wide range of industries in large scale court proceedings involving complicated insolvency issues and Personal Property Securities Act 2009 (Cth) claims. Sam is recognised as a recommended lawyer for Restructuring & Insolvency in Legal 500 Asia Pacific Guide, leading Insolvency and Reorganisation lawyer in Best Lawyers Australia, recommended lawyer for Insolvency & Restructuring in Doyle’s Guide and recommended lawyer for Commercial Litigation & Dispute Resolution in Doyle’s Guide.
JK Muckersie, Special Counsel, Clayton Utz
JK is an experienced adviser for clients in complex commercial disputes and regulatory investigations and proceedings. Her broad expertise covers contractual disputes, corporations law (including claims against directors), financial services regulation, competition and consumer law, property and lease disputes. Her commercial focus and pragmatic approach allows her to offer straightforward, actionable advice tailored to client needs. JK works tirelessly during litigation and investigations to ensure as little business disruption as possible when clients face litigation.
Matthew Harvey KC FCIArb, Arbitrator, Mediator, Owen Dixon Chambers West
Matthew Harvey KC is a commercial silk practising at the Bars of New South Wales and Victoria. Apart from general commercial disputes, his practice includes international transport and trade, corporations and corporate insolvency, and equity matters. He appears in the High Court, the Federal Court, and the Supreme Courts of various states. Matthew is listed in Chambers & Partners Asia-Pacific (since 2015), Best Lawyers (since 2012), Who’s Who Legal (since 2017), and Doyle’s Guide (since 2010). Matthew also lectures in mergers and acquisitions law at a university in Melbourne.
Peter Sise, Special Counsel, Clayton Utz
Peter Sise is a litigation lawyer with a focus on class actions, trade practices and insolvency. He is experienced in shareholder, financial services and product class actions; ACCC and ASIC regulatory proceedings; and insolvency disputes as well as general commercial litigation. Since 2017, he has written the Wolters Kluwer's commentary on unfair contract terms and written numerous peer-reviewed articles in this area as well as other areas of law. He is an editor of the LexisNexis publication, Inhouse Counsel, and holds an advanced certificate in insolvency from QUT and the Australian Restructuring Insolvency & Turnaround Association.
This seminar is part of a series
Calculating Damages, Using Arbitration and Ethics in Contract Disputes
Tuesday, 18 March 2025
Learn about the latest contract law developments, focusing on recent High Court rulings, enforcement of privacy clauses, insolvency risk management, and arbitration strategies. Key topics include contract termination, damage calculation standards, and ethical issues in opposing contract disputes, equipping you with practical insights for modern legal practice.
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
1 unit in Ethics & Professional Responsibility
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair
Dr Paul Vout KC, List A Barristers; co-editor, Commonwealth Law Reports; Author, Laws of Australia on Breach of Contract; Co-author, Appeals and Appellate Courts in Australia and New Zealand, LexisNexis; Editor and co-author, Laws of Australia: Unconscionable Conduct and Laws of Australia: Torts, Lawbook
Professional Skills
3.00pm to 4.00pm Using Arbitration to Resolve Contractual Disputes
- The commercial benefits of arbitration
- The process of arbitration
- The arbitration clause
- A case study showing how arbitration works in practice
Presented by Matthew Harvey KC FCIArb, Owen Dixon Chambers West, and Huw Watkins, Barrister, Dever's List
Ethics & Professional Responsibility
4.15pm to 5.15pm When Someone Else's Mistake Becomes Your Problem: Ethical Obligations When Your Opponent Makes an Error
It’s easy to think that an error by your opponent which advantages your client is a gift, but in contract disputes, it’s actually a burden. Such mistakes are likely to create a conflict between ethical responsibilities and client interests that may be difficult to resolve, alongside practical risks specific to contract management and dispute resolution.
- Address the relevant ethical and practical considerations that arise in these situations. Obtain guidance from the professional conduct rules, commentary, and (colorful) case law to navigate these complex obligations
Presented by Peter Sise, Special Counsel, Clayton Utz
2.00pm to 3.00pm A New Standard for Calculating Damages: Cessnock City Council v 123 259 932 Pty Ltd (2024) HCA 17
Presented by JK Muckersie, Special Counsel, Clayton Utz
4.00pm to 4.15pm Afternoon Tea
View series listing
