The New Unfair Contracts Legislation

Amendments to the Unfair Contracts legislation commence on 9 November. Breaches may cost up to $50 million, so the time to act is now. With the new regime changing how contracts are prepared, negotiated and enforced, will your standard form agreements be ready? The ACCC's expanded authority makes it simpler to assert contractual protection, with non-compliance leading to heightened penalties. You have $50 million reasons to join this discussion taking place ahead of the November roll out.

Wednesday, 11 October 2023
10:00am to 11:00am Reducing the Risk of Unfair Contract Terms on Liability and Indemnity Clauses
  • What makes a clause unfair?
  • What is a limitation of liability clause?
  • What is an indemnity clause?
  • In what circumstances are these clauses unfair?
  • Is it unfair to limit liability for consequential loss?
  • How do I make my limitation of liability and indemnity clauses fair?

Presented by Teresa Torcasio, Partner, HWL Ebsworth and Zoe Vise, Associate, HWL Ebsworth Lawyers

9.00am to 10.00am Scope of the Application of the New Unfair Contracts Legislation
  • New regime versus old regime: A recap on where we are and what is different under the new regime.
  • What does the increased reach of the new regime mean for you
  • How to navigate tricky issues in determining whether or not you are in the new regime
  • Common examples of unfair terms to look out for in your contracts

Presented by Melissa Fraser, Partner, Ashurst

Chair:

Peter Sise, Special Counsel, Clayton Utz

11:15am to 12:15pm Penalties Under the New Regime
  • Types of enforcement that we know so far as per published enforcement priorities of the ACCC
  • Enforcement predictions
  • How to deal with enforcement proceedings
  • Gain a comprehensive understanding of how the increased scope impacts businesses and consumers alike

Presented by Nick Christiansen, Partner, Sparke Helmore

Decription

Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories 

11:00am to 11:15am Morning Tea

Presenters


Mr. Peter Sise, Special Counsel, Clayton Utz
Peter Sise is a litigation lawyer at Clayton Utz with a focus on class actions, trade practices and insolvency. He is experienced in shareholder, financial services and product class actions; ACCC and ASIC regulatory proceedings; and insolvency disputes as well as general commercial litigation. For several years, he has been the editor of Wolters Kluwer's commentary on unfair contract terms and written numerous articles and given numerous presentations in this area. He is also an editor of the LexisNexis publication, Inhouse Counsel.


Ms. Melissa Fraser, Partner, Ashurst
Melissa Fraser is partner in Ashurst's APAC Competition team. Melissa's practice focuses on competition/antitrust matters and includes enforcement litigation and investigations, strategic advisory work, merger clearance and compliance matters. She is expert in the Australian Consumer Law and has advised extensively on the unfair contract terms regime, unconscionable conduct, misleading conduct and product safety issues and recalls. Her impressive client following in the important financial services, healthcare, infrastructure and FMCG sectors is a direct result of the excellent results she achieves for her clients. Melissa is recognized in Who's Who Legal – Future Leader, Competition; Best Lawyers, Sydney – Competition Law; and as a Next Generation Partner, Competition and Trade in Legal 500. Australia Legal 500 says: "Melissa Fraser has a wonderful focus on clients; she delivers great results in competition matters, fully aligned with the client’s objectives and ways of working."


Ms. Teresa Torcasio, Partner, HWL Ebsworth
Teresa is a highly experienced partner in the corporate / commercial group at HWL Ebsworth, with over 20 years’ experience as a commercial law specialist. Teresa advises clients on general commercial law and corporate transactions, including ongoing supply, manufacturing and distribution arrangements, procurement, transport and logistics contracts, acquisitions and disposals, joint ventures, corporate restructuring and strategic alliances. Teresa’s comprehensive knowledge of the Australian Consumer Law has assisted her to advise clients on their risks, rights and obligations as buyers and sellers of goods and services and to negotiate excellent outcomes for her clients. She has written numerous articles on commercial contracting, unfair contract terms, and consumer guarantee protections (including their application to businesses). Teresa has been named The Best Lawyers in Australia for her work in Commercial Law and Sports Law. Prior to joining HWL Ebsworth, Teresa was an executive counsel at Freehills and a partner at Herbert Geer (now Thompson Geer).


Mr. Nick Christiansen, Partner, Sparke Helmore
Nick is a commercial litigator specialising in complex commercial disputes, including class actions, competition and consumer law claims and regulatory actions, and corporations law proceedings. His competition and consumer law practice covers restrictive trade practices and anti-competitive conduct, trade conduct protections, advertising and marketing, consumer guarantees, and franchising law and regulation. He also acts in corporate and personal insolvency litigation, advises corporate clients in non-contentious insolvency and restructuring matters, and acts for leading banks and financial institutions in enforcement and regulatory compliance matters.


Ms. Zoe Vise, Associate, HWL Ebsworth Lawyers
Zoe is experienced in preparing, reviewing and negotiating commercial contracts and working on other general commercial, corporate and regulatory matters. Zoe has a special interest in the Australian Consumer Law and works closely with Teresa to assist clients in navigating their rights and obligations when buying and selling goods and services, including in connection with the unfair contract terms regime. Zoe has co-authored a number of articles with Teresa, including the recent 'UCT 101' series of articles, aimed at helping businesses to understand their requirements under the regime and to prepare for the upcoming reforms.

WEB2310N02Z

The New Unfair Contracts Legislation

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Single Session
Wednesday, 11 October 2023
9.00am to 12:15pm Australia/Sydney
CPD Points 3
$420.00
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