• CPD Points: 3.5 [PS] [SL]
  • Price: $200.00
  • Area: Business Law; Commercial Law; Commercial Disputes and Litigation; Construction Law; Contract Law
  • Delivered: October 2017
Digital Content
  • Recording x 2
  • Paper (143 pages)

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Description

This is presented by Jeffrey Goldberger, an expert in contract law and a highly rated CPD presenter. This advanced session is aimed at practitioners with over five years’ experience. It will assist you to keep abreast of the latest developments in contract law and help you develop your technical skills to enable you to provide more effective solutions for your clients. It includes an overview of recent key developments in contract law and the law on, and drafting tips for, indemnities, exclusion clauses and financial caps.

Part I (approx. 1hr 45min): Contract law in the cases – the year in review

  • Equitable estoppel in commercial dealings: Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26
  • The principles of contract interpretation: Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12
  • Penalties: Pacicco v Australia and New Zealand Banking Group Ltd [2016] HCA 28
  • Termination of contract for repudiation: Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No 3) [2017] FCAFC 102
  • Unconscionable conduct under the Australian Consumer Law and the ASIC Act 2001 (Cth): Australian Securities and Investments Commission v Kobelt [2016] FCA 1327

Part II (approx. 1hr): Law and drafting tips for indemnities

Drafting contractual indemnities may seem simple, however they are often the source of dispute. This session will focus on:

  • Nature of a contractual indemnity
  • Indemnity vs guarantee
  • Characterising a claim under an indemnity: debt or damages
  • Construction and interpretation of indemnities
  • Direct or consequential loss
  • Tips for drafting indemnities.

Part III (approx. 45min) : Exclusion clauses and financial caps

Exclusion clauses are important tools when seeking to completely remove a party’s liability for certain conduct or events under the contract. This session will look at:

  • Background law
  • Carve-outs from exclusion clauses
  • Wilful misconduct
  • Deliberate breach
  • Gross negligence
  • Tips on drafting clauses.

Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright

About the Presenter:

Mr Jeffrey Goldberger has over 25 years' experience in the Australian legal sector and is a recognised authority on Australian contract law. He has advised clients in both the private and public sectors and is well known to, and highly regarded by, major government, finance, resources and corporate clients. Jeffrey has lectured in contract law and private international law at the University of Sydney Law School and in 2012 he served on the then Federal Attorney General's expert panel established to advise the Australian Government on the effectiveness of Australian contract law. Jeffrey's ability to articulate the application of contract law in a practical and commercial way is widely known and highly regarded, reflected in his presenting papers on Australian and English contract law at numerous conferences and seminars throughout Australia and the United Kingdom.

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About the Presenter:

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About the Presenter:

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About the Presenter: