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Contract Law Conference: Drafting to Avoid Risk and Dealing with Disputes

One bad clause. One big problem. Markets move. Cases decided. Legislation changes. Contracts get tested. Be the lawyer who saw it coming. In one day, you’ll sharpen your drafting to steer clear of unfair terms, learn how to allocate risk with warranties, indemnities and limitation clauses, and understand when good faith and cooperation will be read into a deal. You’ll get ahead of the risks in AI, data, privacy and cyber contracting, then see what to do when a deal turns sour and draft to avoid the inevitable: your rights and remedies, getting termination right, and how estoppel can rewrite the rules. You’ll even build the ethical know-how to protect your practice. Walk out with 7 CPD units, a playbook your clients will pay for, and the edge to stay ahead of the risk.

Friday, 12 March 2027
9.45am to 10.30am Allocating Contractual Risk: Warranties, Indemnities and Limitation Clauses

Presented by Justin Simpkins, Barrister, New Chambers

Session 2: Disputes in Contracts: Rights, Remedies, Termination and Estoppel

Chair: Conor Bannan SC, 12 Wentworth Selbourne Chambers; Leading Commercial Litigation & Dispute Resolution Junior Counsel, NSW, Doyle's Guide 2026

Session 1: Drafting and Contract Management to Avoid Risk

Chair: Maija Kerry, Partner, Norton Rose Fullbright

2.00pm to 3.00pm When a Deals Goes Bad; The Rights and Remedies Available to a Purchaser Induced to Enter into a Sales Contract by a Sellers Fraudulent or Misleading Conduct
  • Misleading conduct
  • Fraudulent representation
  • Measure of damages

Presented by David Robertson, Barrister, New Chambers

Description

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

3.00pm to 4.00pm Termination Rights and the Party in Default
  • When a contractual exit is actually available: express termination rights, breach of an essential term and repudiation, and whether long-term contracts carry an implied right to terminate on reasonable notice
  • Self-induced triggers: why a party whose own breach caused the trigger can't rely on it (Reece Australia v Alamdo Holdings [2026] NSWCA 175)
  • Where terminations go wrong: defective notices, show-cause steps, affirming by conduct, and the terminating party ending up as the repudiator
  • Consequences: loss-of-bargain damages, and what survives termination

Presented by Andrew Byrne, Barrister, 7 Wentworth Selborne: Leading Junior, Asia Pacific 2026, Legal 500

11.30am to 12.15pm Contracting for AI, Data, Privacy and Cyber Risk

Presented by Greg Palumbo, Partner, Maddocks

10.45am to 11.30am The Duty to Cooperate and Good Faith in Commercial Contracts
  • When duties of cooperation and good faith will be implied into commercial contracts, and how express drafting shapes their scope
  • Recent cases including McGrath J’s decision in Les & Zelda Investments Pty Ltd v Whitehaven Coal Ltd (No 4) [2026] NSWSC 107 on implied cooperation, good faith and reasonable endeavours
  • Limits on the exercise of contractual discretions, approvals and consent rights
  • Practical lessons to minimise disputes

Presented by Sonia Tame, Barrister, 8 Selborne Chambers

4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Estoppel in Contractual Disputes
  • A reintroduction to estoppel by representation, convention and deed
  • How estoppel by representation and convention can change contractual relations, even without consideration
  • When parties will be bound by recitals and operative parts of deeds, and when they will not be bound

Presented by Quintin Rares, Barrister, 7 Wentworth Selborne

9.00am to 9.45am Unfair Contract Terms: Recent Cases, Penalties and Drafting Lessons
  • Recent developments in unfair contract terms law, including lessons from ASIC v Venture 5 Group on civil penalties and court-ordered changes to contracts
  • Interest, enforcement costs and arbitration clauses: practical lessons from Australian Mortgage Finance Services v Patel and Plus500AU v AghaeiRad
  • Drafting to reduce unfair terms risk: demonstrating legitimate interests, improving transparency and addressing how terms operate in practice
  • Preparing for 1 July 2027: unfair trading practices, subscription renewals and cancellation, and price transparency

Presented by Peter Travis, Barrister and Mediator, Gibbs Chambers and Hemmant’s List

Ethics & Professional Responsibility
12.15pm to 1.15pm Ethical Dilemmas: Learning from Others’ Mistakes

Navigating a successful career in the legal field entails overcoming numerous challenges, particularly ethical ones. These dilemmas can rapidly jeopardise your aspirations. Acquire the essential knowledge, skills, and strategies to safeguard your ethical integrity as you:

  • Comprehend the foundation of your ethical responsibilities
  • Examine practical scenarios and real-world examples

Presented by Jennifer Shaw, Partner, Bartier Perry; Panel Member, Law Society of NSW Professional Conduct Advisory Panel

10.30am to 10.45am Morning Tea

Presenters

Quintin Rares, Barrister, 7 Wentworth Selborne
Quintin Rares is a barrister at Seven Wentworth Selborne Chambers and is the postgraduate unit of study co-ordinator of business negotiations at the University of Sydney. Before being called to the Bar, Quintin worked at Gowlings (one of Canada's largest firms), Ince & Co (one of the world's largest insurance and maritime firms) and Piper Alderman (in Sydney). He has written three textbooks covering topics in science, business and law.

Sonia Tame, Barrister, 8 Selborne Chambers
Sonia’s practice focuses on corporate and commercial litigation, class actions and financial and regulatory disputes. She also has extensive experience in professional negligence disputes as well as arbitrations. Before coming to the Bar, Sonia was a partner in the disputes group at Ashurst in Sydney. She previously worked as a solicitor in London in the insurance group at CMS Cameron McKenna and at Mallesons in Sydney and Hong Kong. Sonia has been a member of a Professional Conduct Committee of the NSW Bar Association since 2019 and has previously served on Bar Council and as a member of the NSW Bar Association’s Diversity and Equality Committee. Sonia has been listed in Best Lawyers in Australia for Litigation since 2010 and is listed in Chambers and Partners’ rankings for junior counsel in Australia. She is also ranked by the Legal 500 Guide as a leading junior for commercial disputes and is listed as recommended junior counsel for commercial litigation and dispute resolution in Doyle’s Guide.

Jennifer Shaw, Partner, Bartier Perry
Jennifer is a Partner in Bartier Perry’s Dispute Resolution & Advisory team with over 20 years of experience in the legal profession. Jennifer has in depth experience in professional disciplinary matters. She is a panel member of the Law Society’s Professional Conduct Advisory Panel and she acts for and advises solicitors who are subject to disciplinary complaints, show cause events, suspensions and related proceedings. She has also acted for and advised peak professional bodies in relation to the prosecution of disciplinary matters before specialist Tribunals in NSW and the ACT. In her broad disputes practice she has a particular focus on: elder financial abuse, civil recoveries arising from fraud related events, debt recovery, contract disputes, professional negligence, construction disputes, intellectual property disputes and family provision/estate disputes.

Maija Kerry, Partner, Norton Rose Fulbright Australia
Maija Kerry is a corporate and commercial lawyer based in Sydney. Maija is a Best Lawyer - in the area of Franchising Law, and her experience in franchising law has also been recognized following her accreditation as a FRANdata Accredited Franchise Lawyer. Maija regularly presents in relation to legal issues affecting franchisors and organisations operating in consumer markets, including at the national conference of the Franchise Council of Australia. Maija works with clients across a broad range of industries , assisting them with broad range of strategic and day to day legal issues, including in relation to business sales and acquisitions, compliance, IP, competition & consumer law, contractual enforcement and how to expand businesses internationally. Practical, commercial and proactive, Maija works closely with her clients to ensure that her legal advice aligns with her clients’ commercial imperatives.


Conor Bannan SC, 12 Wentworth Selbourne Chambers
Conor Bannan is a barrister at 12th Floor Wentworth Selborne Chambers with experience in a variety of commercial disputes. Conor has been involved in a number of trade practices matters and has written a paper on accessorial liability under the Trade Practices Act ((2009) 82 ALJ 407). Prior to coming to the bar, Conor worked as a solicitor at Mallesons and Gilbert & Tobin in Sydney, and at Linklaters in London.

Peter Travis, Barrister and Mediator, Gibbs Chambers and Hemmant’s List
Peter Travis is a commercial barrister at Gibbs Chambers and Hemmant’s List, specialising in banking and finance litigation and financial services regulatory enforcement. He has practised at the Queensland Bar since 2008 and appears in the trial and appellate courts across Australia. Peter advises on regulatory compliance issues, especially in the financial services industry, and represents parties during regulatory examinations and enforcement proceedings, including civil penalty litigation. His commercial practice focuses on contested securities enforcement, commonly involving allegations of unfair contract terms, unconscionable conduct, contractual penalties and accessorial liability. Peter is an accredited mediator (AMDRAS) who mediates a broad range of commercial and civil disputes nationally. He is also a California attorney who practised as a trial attorney in Los Angeles representing media clients in complex First Amendment, intellectual property and commercial litigation. Peter studied law at the University of Queensland, where he took the University Medal for Law.

Greg Palumbo, Partner, Maddocks
Greg has broad expertise advising on technology, media, intellectual property, hospitality, travel, privacy, sports law and general commercial matters. As a former in-house counsel for a global hospitality company, he adopts a uniquely commercial perspective to address his client’s business needs. He specialises in technology, including licensing agreements, cloud services agreements, outsourcing agreements and procurement agreements; hospitality and travel, including distribution agreements, sales agreements and loyalty program matters; media, including production agreements, broadcast agreements and content subscription agreements; intellectual property, including licensing agreements, content creation and distribution agreements and the protection and commercialisation of intellectual property; partnerships and sponsorships; branding, marketing and advertising; social media; payment systems; booking systems; and privacy, data security and data analytics. Greg has previously practised in-house as the global Director & Associate General Counsel at Starwood Hotels & Resorts Worldwide and at leading international law firms, including Skadden, Arps, Slate, Meagher & Flom in New York. He is admitted to practice in both New South Wales and New York.

Andrew Byrne, Barrister, 7 Wentworth Selborne
Andrew was called to the Bar in 2015, having previously worked as a commercial litigator at Allens. His primary areas of practice are corporations law, equity and trusts, trade practices, insurance, revenue, administrative law and real property.

Justin Simpkins, Barrister, New Chambers
Justin has a broad commercial and equity practice, with expertise in insurance, equity, corporations and insolvency, class actions, employment and industrial relations, real property, trade practices and contract. Justin appears led and unled across a wide range of legal areas in all Australian jurisdictions. Justin has previously been a Teaching Fellow in Contract Law at the University of New South Wales. Prior to joining the Bar, Justin was a Senior Associate at Allens where he worked on a diverse range of complex commercial disputes.

David Robertson, Barrister, New Chambers
David practises principally in the areas of commercial equity, corporations and insolvency, real property, planning, and administrative law. David has appeared both led and unled in a range of matters in the Federal Court of Australia, New South Wales Supreme Court, New South Wales Land and Environment Court, and lower courts and tribunals.

273N22

Contract Law Conference: Drafting to Avoid Risk and Dealing with Disputes

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All Sessions
Friday, 12 March 2027
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Friday, 12 March 2027
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Friday, 12 March 2027
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
Sheraton Grand Sydney Hyde Park

161 Elizabeth Street, Sydney 2000

Directions

Nearby transport options:

Bus Station: Hyde Park, Park St, Stand C

Metro Station: Gadigal Station

Train Station: Museum Train Station

Parking Information

Parking is not included in your registration. Here are some nearby parking options:

Sheraton Hotel Car Park - Secure car park entry is via Castlereagh Street, it has 8 electric charging stations. Early Bird Parking Rate is $45 if you arrive before 9am and depart before 6pm. Further information can be found here.

201 Elizabeth St Car Park - Located a 2 minute walk away from Sheraton Grand. Entry via Castlereagh Street. Click here for rates.

Wilson Parking Citigroup Centre Car Park - Located a 5 minute walk away from Sheraton Grand. Entry: 271 Pitt St. Click here for rates.