Understanding Damages Limits in Contract Law

Friday, 14 March 2025
Description

Attend and earn 0.5 CPD hour in Substantive Law 

This program is applicable to practitioners from all States & Territories 

Chair

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

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 Annabel Moore, Solicitor, Buchanan Rees Dispute Lawyers

Presenters


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.


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.


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.

Friday, 14 March 2025
Description

Attend and earn 0.5 CPD hour in Substantive Law 

This program is applicable to practitioners from all States & Territories 

Chair

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

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 Annabel Moore, Solicitor, Buchanan Rees Dispute Lawyers

Presenters


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.


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.


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.

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Understanding Damages Limits in Contract Law

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Single Session
CPD Points 0.5
$90.00
On Demand 20250719 20250314

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