When economic conditions tighten, contract disputes rise—and the margin for error in termination and enforcement decisions narrows significantly. This practical, litigation‑focused program equips commercial and disputes lawyers with the skills to protect clients when contracts unravel, projects stall, or cross‑border arrangements break down, covering termination for breach, delay and repudiation, robust dispute resolution mechanisms, and the implications of the role of good faith in commercial contracts. You will gain clear, defensible strategies to avoid costly termination mistakes, respond decisively to delay and anticipatory breach, strengthen arbitration and enforcement pathways in cross‑border contracts, and advise with confidence in an increasingly hard‑fought commercial disputes landscape.
Wednesday, 27 May 2026
9.00am to 10.00am Before You Pull the Trigger: Termination for Breach, Delay and Repudiation
When a contract goes off the rails, knowing whether to terminate and how can determine the commercial outcome. This session provides a practical roadmap for navigating breach, delay, repudiation, and the strategic considerations that shape a client’s best next move.
- Understanding when a breach actually gives rise to a right to terminate
- Distinguishing between contractual, statutory, and common law rights to terminate
- Identifying the type of breach (failure to perform vs anticipatory breach)
- Making and communicating a valid election to terminate
- Managing delay and “time of the essence” clauses
Presented by Annabelle Ballard, Barrister, Svenson Barristers
10.00am to 11.00am Dispute Resolution of Cross-Border Commercial Contracts
- The appropriate arbitration clause
- Choice of law
- Emergency procedures
- Registration and enforcement of the award
Presented by Christopher Freeman, Barrister, Culwulla Chambers
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
11.15am to 12.15pm Good Faith in Commercial Contracts
- Good faith distinguished from the duty to co-operate (and from “utmost good faith”)
- Is good faith a term of all commercial contracts, or must the “implied term” rules also be satisfied?
- Good faith in other legal systems (and the Vienna Convention on the International Sale of Goods)
- Where to from here for Australian law?
Presented by Angus Macinnis, Director of Dispute Resolution, StevensVuaran Lawyers
11.00am to 11.15am Break
Chair:
Temple Saville, Barrister & Mediator, Svenson Barristers
Presenters
Angus Macinnis, Director of Dispute Resolution, StevensVuaran 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.
Annabelle Ballard, Barrister, Svenson Barristers
Annabelle Ballard accepts briefs to appear (led and unled) and advise on a broad range of civil matters. She predominantly practices commercial law, administrative law, and regulatory matters, and has a particular interest in matters with a financial dimension. Since coming to the Bar, she has been briefed to appear in the Supreme Court of Victoria (Costs Court), Federal Court of Australia, Federal Circuit and Family Court of Australia, VCAT, ART (formerly the AAT), and various Magistrates’ Courts. She is available to appear in both metropolitan and regional courts. Annabelle’s commercial practice is primarily focused on contract law, residential tenancy matters, commercial leasing, corporate regulatory matters, and legal costs. She also regularly appears unled in commercial matters in the Magistrates’ Court of Victoria and VCAT. A distinguishing feature of Annabelle’s commercial practice is her experience appearing in the Supreme Court of Victoria (Costs Court), in cost matters in the Federal Court, and in the VCAT Legal Practice List. Annabelle offers clients considered, timely and practical advice. She prides herself on clear communication and responsiveness. She is passionate about achieving positive outcomes for clients in a timely and cost-effective manner.
Christopher Freeman, Barrister, Culwulla Chambers
Christopher Freeman has an equity and commercial dispute practice and has appeared in the Federal Court of Australia and the Equity Division of the Supreme Court of New South Wales for over 25 years. He has also appeared as an advocate in numerous international arbitrations at SIAC, HKIAC and CIETAC. He has given expert evidence on Australian contract law in Courts in Singapore, Thailand and Japan.
Temple Saville, Barrister & Mediator, Svenson Barristers
Temple is a commercial barrister and nationally accredited mediator. She accepts briefs to advise, appear and mediate. Temple’s experience includes: Acting for parties in various bankruptcy and insolvency proceedings including public examinations, insolvent trading claims, preference payment claims, winding up hearings and creditors petitions. This area of Temple’s practice also includes acting in matters where there are claims for breach of directors’ duties. Temple also has a general commercial practice including domestic building disputes, JV disputes, retail lease disputes, property disputes, loan disputes, debt recovery and ACL disputes. Temple was a finalist in the Lawyers Weekly, Australian Law Awards and/or Women in Law Awards, Barrister of the Year category in 2021, 2023 and 2024.
