Contract Law Conference 2026

Master the future of contracts and navigate the intersection of technology and contract law, along with the essential need for contracts to manage risk. Join leading legal minds for a deep dive into the changing world of contracts in the digital age. Explore how cybersecurity, privacy and AI are reshaping drafting practices, tackle the complexities of smart contracts, and gain practical insights into risk clauses, liability limitations and insolvency protections. Gain strategies for managing contract disputes and litigation from the experts, including using dispute resolution as an offensive tool and negotiating contractual conflicts with confidence.

Friday, 13 March 2026
Session 1: Technology and Contracts, and Navigating Risk in Contracts

Chair: Josephine Brook, Special Counsel, Pinsent Mason

10.35am to 10.50am Morning Tea
2.00pm to 3.00pm Contractual Interpretation, and Implied Terms: An Update

 

David Hughes will provide an insightful update on recent developments and emerging issues in contract interpretation across Australian jurisdictions. Drawing on key cases and evolving judicial approaches, you will explore how courts are applying principles of construction, context, and commercial purpose, and what these trends mean for drafting and advising on contracts today.
Presented by David Hughes SC, 7 Wentworth Selborne Chambers  

9.00am to 9.50am How Cybersecurity and Privacy Obligations are Shaping the Drafting of Contracts

 

  • Understand how cybersecurity, data protection, and privacy obligations are reshaping commercial contracts
  • Negotiating data governance and security warranties
  • Anticipate cross-border compliance issues and manage risks in digital contracting
  • Explore practical drafting strategies in the age of AI and rapid tech change

Presented by Caitlin Whale, Partner, Baker McKenzie, and Adrian Lawrence, Partner, Baker McKenzie

4.00pm to 4.15pm Afternoon Tea
12.20pm to 1.15pm Contractual Protections Against Default and Insolvency: Key Considerations When Another Party Faces Insolvency Risks

 

  • Identifying early warning signs of insolvency risk
  • Drafting and enforcing insolvency-trigger clauses
  • The role of security, guarantees, and step-in rights
  • Lessons from recent cases involving contractor insolvencies

Presented by Trevor Withane, Partner, Ironbridge Legal, Leading Insolvency & Restructuring Lawyer, Doyle’s Guide 2025; Partner of the Year (Restructuring & Insolvency), Lawyers Weekly 2024 & 2025

Description

Attend and earn 7 CPD units including: 
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories 

4.15pm to 5.15pm When Can Dispute Resolution be Used as an Offensive Strategy

 

There are occasions where parties to a contract need to enforce their rights. To that end, parties may need to commence litigation.

  • Navigating the key steps in litigation and burdens for the party which initiates proceedings for:
    • Urgent and interlocutory injunctions
    • Applications for specific performance
  • Discuss important matters in respect of navigating any contractual dispute mechanisms
  • Examine matters to consider to ensure that there is a proper purpose to the proceedings

Presented by Peter Yeldham, Partner, Mallesons, and Sam Bagnall, Senior Associate, Mallesons

11.35am to 12.20pm Drafting to Limit or Exclude Liability

 

  • When are limitation and exclusion clauses appropriate?
  • How are Courts approaching consequential loss exclusion clauses?
  • Drafting effective limitation and exclusion clauses
  • Negotiating the carve-outs

Presented by Owen Hayford, Principal, Infralegal, Leading Front End Construction, Infrastructure & Major Projects Lawyers, Doyle’s Guide 2025

Session 2: Navigating Contract Disputes and Contract Interpretation

Chair: Owen Hayford, Principal, Infralegal, Leading Front End Construction, Infrastructure & Major Projects Lawyers, Doyle’s Guide 2025 

10.50am to 11.35am Selected Problems in Contract Formation: Intention, Offer, Acceptance and Consideration

 

  • Intention to create legal relations: The Full Federal Court’s deep dive in Cirrus Real
  • Time Processing Systems Pty Ltd v Jet Aviation Australia Pty Ltd
  • Is the “rule” that consideration must not be illusory, itself illusory?
  • Offer and acceptance: How to pick the winner of a “battle of the forms”

Presented by Angus Macinnis, Director, Stevens Vuaran Lawyers

9.50am to 10.35am Smart Contracts: The Current Legal Landscape

 

  • Smart contracts v smart legal contracts
  • Smart legal contracts as property
  • Smart legal contracts and AI agents
  • Enforceability and challenges of automated performance
  • Guidance for lawyers drafting in this space

Presented by Richard Chew, Partner, McCabes Lawyers

Professional Skills
3.00pm to 4.00pm When Contracts Go Wrong - Negotiation Strategies in Practice: Lessons from the Bar

 

  • When to compromise, and when to hold the line and keep fighting
  • The psychology of negotiation
  • Successful negotiation strategies – achieving objectives, without undue compromise
  • Managing power imbalances, and responding to hard negotiation tactics
  • Real-world examples

Presented by Hugh Stowe, Barrister, 5 Wentworth Chambers

→ TECHNOLOGY AND CONTRACTS
→ CONTRACT FORMATION CONCERNS AND NAVIGATING RISK CLAUSES

Presenters


Richard Chew, Partner, McCabes Lawyers
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.

Angus Macinnis, Director, Stevens Vuaran 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.


David Hughes SC, 7 Wentworth Selborne Chambers
David Hughes is a commercial barrister practising at 7 Selbourne Chambers in Sydney, and is a co-author with Sir Kim Lewison of The Interpretation of Contracts in Australia. He is a former research director to the Chief Justice of New South Wales, and holds the degree of Bachelor of Civil Law from the University of Oxford, where he was a Commonwealth Scholar.


Caitlin Whale, Partner, Baker McKenzie
Caitlin Whale is a Partner 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 practised as a technology and intellectual property lawyer in both Sydney and London for over 17 years.


Josephine Brook, Special Counsel, Pinsent Mason
Josephine is an experienced and client-focussed advisor and litigator, with extensive experience in civil and commercial litigation and dispute resolution, specialising in infrastructure and construction. She has acted for and advised private and public sector clients across a wide variety of industries, including transport infrastructure (road, rail, rolling stock and airports), telecommunications, energy (including renewables), water recycling, hospitals and health infrastructure, commercial property development and residential building, and related insurance issues.


Owen Hayford, Principal, Infralegal
Owen has 30+ years of experience advising on contracts, with a focus on infrastructure projects. Owen has graduated from being a senior partner at Clayton Utz, to board and other strategic advisory roles that draw on his lifetime of legal experience. He now leads Infralegal, a boutique firm that specialises in providing strategic legal, commercial and governance advice to participants in the infrastructure and construction sectors.


Sam Bagnall, Senior Associate, Mallesons
Sam Bagnall is a Senior Associate at Mallesons.  Sam has a multidisciplinary practice, with a focus on financial services and real estate clients.  Before joining Mallesons, Sam was a Senior Legal Counsel AMP and prior to that was a Solicitor at YPOL Lawyers.


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.


Trevor Withane, Partner, Ironbridge Legal
Trevor is a highly regarded lawyer you want on your side. He is the founder and principal of Ironbridge Legal and is a specialist commercial litigator and insolvency lawyer with deep experience in his areas of practice. Prior to founding Ironbridge Legal, Trevor was a partner of a successful Sydney based boutique law firm. Clients have described Trevor as extremely insightful, friendly, practical and pragmatic. Trevor founded Ironbridge Legal to provide in-depth specialist and conflict free advice in the disputes space – starting a law firm with true specialism in just two key areas: Commercial Litigation and Insolvency and Bankruptcy. Trevor started his legal career at global top three firm, Allen & Overy LLP, where he trained and spent several years advising a multitude of corporates and high-net-worth individuals in connection with complex disputes and regulatory matters often straddling more than one jurisdiction. Before moving to Australia from the UK for family reasons, Trevor was a barrister in London, acting for corporates and high-net-worth individuals in complex commercial litigation and insolvency matters in the High Court. This experience, coupled with Trevor’s accountancy studies and his earlier practice as an accountant, gives him a rare depth and breadth of experience to apply to his clients’ matters.


Hugh Stowe, Barrister, 5 Wentworth Chambers
Hugh Stowe is a barrister and mediator, from 5 Wentworth Chambers. He has a broad commercial and equity practice, with particular specialisation in corporations law, insolvency, restraint of trade. Before coming to Bar, Mr Stowe obtained a Master of Laws at Cambridge University, practised as a solicitor at King & Wood Mallesons, and Herbert Smith Freehills, and was Associate to the Chief Justice of the Federal Court. Hugh has a keen academic and professional interest in mediation and settlement theory. He presents and publishes extensively in those areas, including an article published in the ALJ this month, which will be circulated with the papers.


Peter Yeldham, Partner, Mallesons
Peter Yeldham is a Partner in the Dispute Resolution group in the Sydney office of Mallesons. Peter has a broad practice with experience in insurance advice and disputes, commercial real estate disputes, and general commercial litigation (including disputes between joint venture partners). He regularly interfaces with regulators and was previously Solicitor Assisting the Royal Commission into Defence and Veteran Suicide.

263N22

Contract Law Conference 2026

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All Sessions
Friday, 13 March 2026
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
Face to Face 20260401 20260313

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Morning Session
Friday, 13 March 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
Face to Face 20260401 20260313

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Afternoon Session
Friday, 13 March 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
Face to Face 20260401 20260313

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