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 Laura Young, Partner, HWL Ebsworth & Erin Upson, Associate, 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 Michael Rivette, Barrister, Chancery Chambers
- 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, Barrister, 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, Champman’s List
Presenters
Jack Connor, Associate, Burke LawyersWith a generalist legal background Jack has worked across Commercial, Property, Banking & Finance, and Wills & Estates law. This breadth of experience early in his career has afforded him a broad and well-rounded view of legal matters. During his time in his previous legal role Jack sharpened his drafting, research and analytical skills, characteristics crucial to any good lawyer. His friendly disposition together with his robust thinking and problem-solving skills equip him to provide excellent client service and support for our senior lawyers.
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.
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.
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 practises primarily in the areas of general commercial, property and regulatory law. She is currently the Chair of the Victorian Bar’s Health and Wellbeing Committee. Michelle regularly speaks on wellbeing issues in legal practice and has published journal articles and two book chapters on the subject. Most recently, Michelle contributed a chapter on bullying to Trauma and Well-being Among Legal Professionals written by Dr Dawn D’Amico published last year. Michelle holds a Bachelor of Laws with first class honours from the University of Adelaide and a PhD from the University of Melbourne with the topic of her thesis being on unconscionable conduct. Her thesis formed the basis for her book Unconscionable Conduct in Australian Commercial and Consumer Contracts published by LexisNexis in 2018.
Nicholas Andreou, Barrister, Champman’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.