Schedule 2019


Thursday, February 28, 2019




Registration opens



Opening remarks from the chairperson

Joseph Manner, Barrister at Law



Ipso facto clauses and the right to terminate for insolvency


New rules are now in place to restrict the operation of ipso facto clauses in insolvency events. How can you protect your business or clients against insolvency risks?

  • Overview of the new provisions (sections 415D-415G, 434J-434M and 451E-451H)
  • Enforcing rights to terminate for delay, late payment or licensing issues
  • Strategies for minimising exposure to contractor insolvency risk
  • Protecting rights against the possibility of future insolvency events
  • Enforcing contractual rights against a company in financial difficulty
  • Exceptions to the stay on the exercise of ipso facto provisions

David Walter, Partner, Baker & McKenzie



Enforceability of click-wrap and browse-wrap agreements


Online contract have become the norm, forcing the courts to re-consider the application of age-old principles of contract law. How are the courts treating online contracts?

  • The risks involved in clickwrap, sign-in wrap and browse-wrap agreements
  • Implications of the Uber case (Meyer v Kalanick & Uber Technologies) for Australia
  • What counts as reasonably conspicuous notice of terms and conditions? (Surfstone Pty Ltd v Morgan Consulting Engineers Pty Ltd [2016])
  • How to ensure that you’re bringing incorporated terms to the contracting party’s attention?
  • What does the future hold for online contracts?

Tal Williams, Partner, Holman Webb Lawyers




Morning tea


Australian Consumer Law (ACL) update


Companies that contravene the Australian Consumer Law (ACL) will now face tougher penalties of up to $10 million per contravention or 10% of annual turnover, making ACL compliance critically important.

  • How the courts are determining pecuniary penalties for ACL breaches
  • Are non-disparagement clauses void under the Australian Consumer Law?
  • The use of limitation periods, liability caps and exclusions on classes of damages to limit the operation of the ACL
  • How effective are contractual limitations on ACL rights?
  • Practical examples of effective consumer law compliance programs

Mandi Jacobson, Partner, Dentons


Enforceability of verbal contracts – lessons from the UK


Two recent cases in the UK provide guidance on the legal standing of non-oral modification clauses in written agreements in Australia.

  • When can a written agreement with a non-oral modification (NOM) clause be varied verbally?
  • Implications of Blue v Ashley [2017] and Rock Advertising v MWB Business Exchange Centres for Australian contracts
  • Dealing with allegations of oral variations or oral collateral contracts
  • How to draft an enforceable no oral modification (NOM) clause

Stephen Klotz, Partner, Hall & Wilcox







Panel: Risks and opportunities of blockchain and smart contracts


Blockchain is still a work in progress from a legal and operational perspective. This thought-provoking panel will discuss the enforceability and risks of smart contracts.

  • Know your customer checks and blockchain: complying with anti-money laundering and counter terrorism financing (AML/CTF) laws
  • What are the risks of blockchain repeating and compounding errors or fraud?
  • Does blockchain have mechanisms to detect infiltrators?
  • How powerful is private key cryptography as an ownership tool?
  • How easy is it to detect and modify errors in blockchain?
  • Problems with legal enforceability with a “permissionless” distributed ledger
  • Dispute resolution mechanisms relating to distributed ledger technology


Mark Toohey, Legal Director, Adriot Lawyers

Michael Bacina, Partner, Piper Alderman

Richard Prangell, Director, Viridian Lawyers

Michael Zheng, Senior Associate, Maddocks


Warranties, indemnities and insurance


This session will discuss the interplay between warranties, indemnities, insurance and limitations of liability in commercial contracts.

  • Effective contractual devices to minimise or avoid liability
  • Interaction between indemnities and insurance
  • Allocating risks in commercial contracts
  • How does warranty insurance impact the negotiation of warranties?
  • Implications of Champion Homes Sales Pty Ltd v Commissioner for Fair Trading [2018] regarding the standard of liability for breaches of statutory warranties
  • Warranties for the purpose of contractual provisions or disciplinary provisions
  • Caw law overview– how enforceable are broad indemnity clauses?

Ray Giblett, Partner, Norton Rose Fulbright



Afternoon tea


Successful contract negotiation strategies


This practical workshop will help you to hone your negotiation skills so that you can adapt your negotiation style and strategies to your circumstances.

  • Selecting the negotiation style that suits the context and commercial circumstances
  • Taking control of the timing and pace of a contractual negotiation
  • Agreeing settlement parameters and walk-away positions
  • Managing difficult clients with unrealistic expectations

Scott Alden, Partner, Holding Redlich

(Participants may claim 1 CPD Unit: Professional Skills: 1 hour)



Legal ethics in contract negotiation


This one hour session will provide guidance on identifying and navigating conflicts of interest in the practice of law, with a particular focus on commercial contract negotiation and drafting.

  • Walking the fine line between competitive and unfair advantage
  • Confidentiality and client privilege in contract negotiation
  • What should you do if you realise that your opponent has made a mistake?
  • The ethics and enforceability of non-disclosure agreements in a post #MeToo world

Peter Francis, General Counsel, Maddocks

(Participants may claim 1 CPD Unit: Ethics and Professional Responsibility)






Submit an enquiry


Contact Us

Kriztle Regalado
Event Coordinator

P: +612 8437 4744 | ext 744


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