Contract Law Intensive

Future-proof your expertise and gain practical strategies, real-world examples and expert guidance from leading solicitors and barristers on the emerging issues in contract law, key clauses of concern and learnings from contract disputes. Walk away with the confidence to tackle complex key clauses and most importantly, draft to mitigate risk. Develop your understanding of the current challenges of AI in contract law and navigate the unfair contract terms regime, indemnities and liability clauses, and best practices for privacy and confidentiality clauses. Take a deep dive into managing risk in long-term contracts and key take-aways from contract disputes – all supported by analysis of recent landmark cases. An opportunity not to be missed!

Tuesday, 17 March 2026
Description

Attend and earn 7 CPD units in Substantive Law 
This program is applicable to practitioners from all States & Territories 

11.15am to 12.15pm Negotiating Indemnities and Limitation of Liability Clauses

 

  • The starting point and overarching purpose - risk allocation
  • Key features of, and the differences between, indemnity and limitation of liability clauses
  • Potential use and non-use cases (the pros and cons of using such clauses)
  • Implications of the ACL and how it may impact drafting
  • Other considerations such as insurance and pass through of risk

Presented by Laura Young, Partner, HWL Ebsworth & Erin Upson, Associate, HWL Ebsworth

Session 1: Navigating Key Contract Clauses

Chair: William Khong, Partner, Holding Redlich

9.00am to 10.00am AI in Contract Law

 

  • Enforceability of AI-Generated contracts and recent case law - Australia and the United States
  • AI-related clauses and drafting in practice
    • Common contract types
    • Case examples
  • Key takeaways and practical tips

Presented by Dudley Kneller, Partner, Gadens

11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Privacy and Confidentiality Clauses: Best Practice

 

  • The starting point and legal foundation: contract, equity, and statutory overlays governing confidentiality
  • Key enforceability features: clear definitions and exclusions, legitimate interest, and proportionate scope and duration
  • Express and implied obligations: how contractual terms interact with equitable confidence (Lenah/Coco) and public-interest carve-outs
  • Practical drafting and compliance: when and how to draft these clauses, core remedies, and necessary alignment with Privacy Act and ACL obligations

Presented by Peter Clarke, Barrister, Meldrum’s List 

10.00am to 11.00am Clause for Concern: Navigating the Unfair Contract Terms Regime

 

  • Operations under the Australian Consumer Law (including relevant definitions of ‘unfair’, ‘standard form contract’ and ‘small business contract)
  • Enforcement and penalties
  • Unfair contract claims and disputes (including recent case studies)
  • Drafting tips (including principles and examples)

Presented by Meghan Warren, Principal, Burke Lawyers & Jack Connor, Associate, Burke Lawyers

3.00pm to 4.00pm Unconscionable Conduct

 Presented by Dr Michelle Sharpe, Barrister, Young’s List

2.00pm to 3.00pm Managing Risk in Long Term Commercial Contracts

 

  • Contractual Risk Management: Address risks in long-term contracts such as loss of flexibility, outdated pricing, poor performance, and control transactions.
  • Performance and Accountability: Include trial periods, KPIs, liquidated damages, governance structures, and indemnities/exclusion clauses.
  • Termination and Exclusivity: Define termination rights, no-fault divorce options, and exclusivity vs. non-exclusivity terms.
  • Negotiation and Legal Principles: Refresh negotiation principles and ensure clarity around legal frameworks and protections.

Presented by Brendan Earle, Partner, HWL Ebsworth

Session 2: Managing Risk in Long Term Contracts, and Contract Disputes

Chair: Andrew Panna KC, Foley’s List

4.15pm to 5.15pm Contract Termination and Remedies

 

  • Repudiation by omission in commercial leasing: Brotherhood of St Laurence v Sarina Investments Pty Ltd [2024] VSCA 46
  • “Actions, not words”: the objective test for repudiation in projects: Makland Constructions Pty Ltd v Page Steel Fabrications Pty Ltd [2024] VSCA 142
  • “We can’t settle” emails and deposit risk: Thousand Hills Property Pty Ltd v LBA Capital Pty Ltd [2025] VSCA 115 (appeal from [2024] VSC 597)
  • Damages after termination: wastedexpenditure (reliance) clarified: Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17

Presented by Nicholas Andreou, Barrister, Chapman’s List

4.00pm to 4.15pm Afternoon Tea

Presenters

Mr. Peter Clarke, Barrister,
Peter Clarke practises primarily insolvency and commercial law. He also has an interest in and practices defamation, privacy and competition law. He commenced practice as a barrister in 1998. He practised commercial law as a solicitor in Melbourne and worked in the government solicitor's office in Canberra before returning to Melbourne and commence practice as a barrister. His main areas of practice as a solicitor were commercial and medical negligence litigation and administrative law.

Jack Connor, Associate, Burke Lawyers
Jack Connor is a lawyer in the Commercial, Business, and Private Client Services Division at Burke Lawyers, a Melbourne-based law firm servicing clients across Australia and overseas. He works closely with professionals, start-ups and SMEs across various industries, including medical and healthcare, software and technology, and engineering and manufacturing, helping them to achieve their business goals while effectively managing risk. Mr Connor’s core practice areas are contract law, commercial and business advisory, corporate governance, data and privacy, employment law, dispute resolution, business succession planning, and asset protection.

Andrew Panna KC, Foley’s List
Andrew K Panna KC practises primarily in Commercial, Contract, Property, Equity, Trusts, Wills and Estates, Corporations, Retail Tenancies, Admiralty and Maritime Law, Intellectual Property ( Copyright, Trade Marks, Designs, Confidential Information ), Trade Practices, Family Law (property disputes only), Sale and Transportation of Goods by Sea. His briefs to appear are at the County, Supreme Court (including interstate Supreme Courts), Federal Court and Family Law Court.

William Khong, Partner, Holding Redlich
William Khong is a Partner at Holding Redlich. He was admitted as a solicitor in Malaysia where he gained experience in intellectual property (from registration and commercialisation to enforcement) and commercial litigation. He has subsequently, while practising in Australia, gained further experience in commercial and taxation law matters. William has particular experience in advising in relation to business structuring or restructuring, mergers and acquisitions, public and private capital raisings, scheme of arrangements, corporate affairs including capital reductions, share buy-backs, financial assistance, corporate governance and related party transactions, and matters relating to the law of trusts, personal property securities and stamp duty. William has worked with a wide range of clients including small businesses, substantial private companies and listed companies.

Erin Upson, Associate, HWL Ebsworth
Erin Upson is an associate within the Corporate and Commercial group at HWLE Lawyers and has a wide range of commercial experience. Erin specialises in commercial contracting with a particular focus on the Australian Consumer Law and the unfair contract term regime. Erin regularly drafts, advises and negotiates supply and procurement agreements, consultancy agreements, master services agreements, sponsorship agreements and terms and conditions of supply, including within the realm of the unfair contract terms regime and tender procurement. Erin's experience also includes advising on business sales and acquisitions including drafting business and share sale agreements, heads of agreement as well as corporate governance issues. Erin also regularly assists clients to navigate the Victorian liquor licencing regime including through the provision of compliance advice, preparing licence and variation applications and assisting clients with communications with the Victorian Liquor Commission.

Meghan Warren, Principal, Burke Lawyers
Meghan is a Principal lawyer of Burke Lawyers and practices in commercial, business, estates and disputes in both Australia and internationally, also being admitted as an attorney in the US. She works predominately with individual and SME clients in medical, health and life sciences.

Laura Young, Partner, HWL Ebsworth
Laura Young specialises in on a broad range of commercial matters ranging from strategic transactions (acquisitions & disposals, joint ventures, restructures, partnerships and shareholders arrangements) to all aspects of daily commercial operations (with a focus on the preparation, interpretation and negotiation of a broad range of commercial contracts such as confidentiality arrangements, tenders, subcontractor arrangements, heads of agreement, supply & procurement arrangements, sponsorships, consultancy agreements, terms & conditions / credit applications, manufacturing and distribution arrangements). Laura is also a member of the firms' Competition and Consumer team and has a particular interest & expertise in the Australian Consumer Law, including advising on consumer guarantees, the unfair contract term regime, misleading and deceptive conduct and unconscionable conduct. She also has a great deal of experience advising on corporate governance matters, particularly for private and not-for-profit entities. Laura has been placed on a number of secondments with major firm clients, including a long-term appointment as Acting General Counsel of a major ASX listed client. Her time in-house played a key role in the development of both her legal skills as well as her practice style. Laura credits her ability to provide her clients with practical solution based advice with a view of achieving a satisfactory commercial outcome to her time in-house.

Brendan Earle, Partner, HWL Ebsworth
Brendan specialises in negotiated transactions and contracting including M&A, business succession, corporate structuring, foreign investment and governance. Brendan solves problems and delivers outcomes. He is an experienced negotiator who leads multi-disciplinary teams to meet client objectives. He uses strong project management skills to deliver efficiency and meet timelines. His board and governance experience gives him a well-rounded perspective on challenging legal issues. Brendan has specialised in private M&A and negotiated transactions for more than 20 years. He has been personally involved in more than 50 significant transactions involving buying, selling or merging businesses valued at more than $8 billion. For several years he has appeared in peer reviewed directories for Corporate/Governance, Healthcare, and Mergers & Acquisitions. In 2017 he was a finalist for Lawyers Weekly Commercial Law Partner of the Year. Brendan is a director of Scope (Aust) Limited, one of the largest disability services providers in Australia. He is Chair of the Risk & Audit Committee. Between 2010 – 2019, he was a director of St Vincent’s Health Australia Ltd, the largest not for profit hospital group in Australia.

Dudley Kneller, Partner, Gadens
As head of the Intellectual Property and Technology Group at Gadens, Dudley is a highly experienced lawyer with international and domestic experience advising on commercial, regulatory and technology matters with specialisations in financial technology, cyber risk, privacy and strategic sourcing and supply projects. Dudley advises a variety of clients on major technology arrangements, and he has many years of experience practising across Australia, Europe and the UK. He has worked inhouse and overseas on projects based in a range of countries, including the Philippines, India and across South America. Since 2020, Dudley has been recognised by Best Lawyers across areas including technology, Commercial and Privacy and Data Security Law as well as for TMT in 2024. Since 2015 Dudley has been recognised as a recommended lawyer in the Doyle’s Guide listing of Leading Technology, Media and Telecommunications Lawyers in Victoria, as well as by Who’s Who Legal 2022 and 2023 Global and Aust & NZ Guides in Data Privacy & Protection.


Dr Michelle Sharpe, Barrister, Young’s List
Dr Michelle Sharpe is a barrister and member of the Victorian Bar practising primarily in commercial and regulatory law with a particular focus on consumer law. She is the author of Unconscionable Conduct in Australian Consumer and Commercial Contacts published by LexisNexis in 2018 with a second edition to be published later this year. Michelle regularly appears in superior courts and advises regulators and business on complex unconscionability and consumer law issues.

Nicholas Andreou, Barrister, Chapman’s List
Nicholas practises primarily in commercial, construction, corporations and defamation law. Nicholas has appeared in many of the leading judgments in Victoria which consider the Building and Construction Industry Security of Payment Act 2002. Nicholas regularly appears in VCAT and the County Court representing builders, subcontractors, developers and owners alike. Nicholas enjoys particularly technically complex disputes involving structural and geotechnical engineering issues. Nicholas has appeared in the Court of Appeal on matters concerning the Domestic Building Contracts Act 1995.

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Contract Law Intensive

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All Sessions
Tuesday, 17 March 2026
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Tuesday, 17 March 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 17 March 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
InterContinental Melbourne

495 Collins Street, Melbourne 

Directions

Nearest Public Transport:

  • By train: Southern Cross Station (5-minute walk)
  • By subway: Southern Cross Station (5-minute walk)
  • By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.
Parking Information

Valet Parking is only available for Resident Guests.

Nearby Parking: 
Wilson Parking - View locations and rates here