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!
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
- 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 Alysha Schutz, Special Counsel, HWL Ebsworth
Chair: William Khong, Partner, Holding Redlich
- 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
- 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
- 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
Presented by Dr Michelle Sharpe, Barrister, Young’s List
- 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
Chair: Andrew Panna KC, Foley’s List
- 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
Presenters

Mr. Peter Clarke, Barrister,
Since commencing at the Victorian Bar in 1998 Peter has developed a broad commercial litigation practice in all jurisdictions, but primarily in the Supreme, County and Federal Courts. He primarily practices in Corporations law, especially shareholder disputes and insolvency proceedings, and commercial law. He also has a special interest in Defamation and Privacy Law. He regularly advises on compliance issues with the many privacy and cyber security related laws. While a board member of the Australian Privacy Foundation he drafted its submissions to the Australian Law Reform Commission’s enquiry resulting in Serious Invasions of Privacy in the Digital Era (ALRC Report 123) in 2014, among other submissions to government. In his own capacity he has written submissions to inquiries including, but not limited to, the Australian Law Reform Commission inquiry that resulted in the Report For Your Information: Australian Privacy Law and Practice (ALRC Report 108) and to the Attorney General Department’s Privacy Act Review Report dated 16 February 2023. He delivers papers regularly at seminars on breach of confidence, privacy and data security related topics. Through his website (www.peteraclarke.com.au) Peter write regularly on privacy law and data security as well as developments in commercial and corporation law. Prior to coming to the Bar Peter was a solicitor in both government and private practice where he practised in the area of health litigation and administrative law. Positions Held: Board Member of the Australian Privacy Foundation 2012 – 2017. Cases (Privacy): Counsel for the Applicant Roberts v Anglicare Victoria [2014] VCAT 1515 Co Counsel for Amici Curaie in Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 (Ben Grub Case) Co Counsel for Applicant AIT18 v Australian Information Commissioner [2018] FCAFC 192 (13 November 2018)

Jack Connor, Associate, Burke Lawyers
Jack Connor is an Associate in Burke Lawyers’ Commercial, Corporate & Business Law Division. With a background spanning commercial, property and banking & finance, Jack brings a well-rounded perspective to his advice. He advises clients on business law, contract advice, and employment law, with a focus on clear communication and practical outcomes. Jack holds a Bachelor of Laws and Bachelor of Commerce (Marketing) from Victoria University of Wellington and is admitted to practice in both the Supreme Court of Victoria and the High Court of New Zealand.
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.

Meghan Warren, Principal, Burke Lawyers
Meghan Warren is a Principal and Director at Burke Lawyers with over 18 years’ experience in commercial law including business advice, contracts, litigation and dispute resolution. She advises professionals and SMEs with a particular focus on the medical, health, and sciences sectors, providing strategic, outcome-focused and plain language legal advice and outcomes. Meghan is admitted to practice law in the State and Federal jurisdictions of Australia and in New York in the US. Meghan also holds a Bachelor of Business with a major in financial planning and is a Graduate of the Australian Institute of Company Directors. Meghan is also currently appointed as a member of the College of Law’s Victorian Chapter Board, a committee member of the Victorian Legal Admissions Board and a member of Furia Rubel’s International Faculty.

Brendan Earle, Partner, HWL Ebsworth
Brendan Earle works with fast-moving consumer goods businesses in Australia who need help to negotiate contracts for strategic, risky or uncertain situations. His team design and negotiate contracts for new business relationships that can flex over time: to grow the relationship by channel or region, or deal with scenarios that come up in a fast-changing world. This allows clients to get what they are paying for, to manage risks that arise from uncertainty over time and to protect their balance sheet. Unlike others, Brendan draws on broad business experience to deliver outcomes that are legally sound and commercially effective, particularly for clients seeking to grow revenue by pursuing multiple distribution channels for their products. Brendan is a highly regarded company director. He is currently a director of Scope (Aust) Limited, the largest disability services provider in Australia. He is Chair of the Risk & Audit Committee.

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 has advised a variety of clients on major technology arrangements, and he has many years of experience practising across Australia, Europe and the UK, and has worked on projects based in a range of countries, including the Philippines, India and across South America.

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.
Alysha Schutz, Special Counsel, HWL Ebsworth
Alysha Schutz is a Special Counsel in HWLE's Melbourne Corporate & Commercial team. Having recently returned to private practice after spending a number of years in-house, Alysha is focused on understanding clients' commercial needs, to deliver practical, risk-based outcomes. Alysha has a broad range of commercial contracting experience in both public and private sectors, and across various industries including Defence, retail and FMCG, oil and gas, transport, construction and agribusiness.