• CPD Points: 3.5 [PS] [SL]
  • Price: $200.00
  • Area: Business Law; Commercial Law; Commercial Disputes and Litigation; Contract Law
  • Delivered: November 2018
Digital Content
  • Audio File
  • Paper (135 pages)

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Mr Jeffrey Goldberger delivers the second chapter in his suite of Contract Law Masterclasses. This workshop 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. Reviews from one of Jeffrey’s previous Contracts Masterclasses is “Phenomenal presenter”; “One of the best presentations ever, contracts law made interesting and engaging”; “The best contracts law seminar I’ve attended in many years”.

Part I: Contract Law in the Cases: a Practical Overview of Some Key Areas

  • Agreements to negotiate in good faith: enforceability in Australian law.
  • Assignment and novation of contracts.
  • Reasonable and best endeavours as contractual obligations.
  • Execution of contractual documents by corporations: agency, powers of attorney and Section 127 of the Corporations Act 2001.
  • The use and abuse of boiler plate clauses.

Part II: Implied Contracts and Implied Terms

  • Contracts implied or inferred by conduct
  • Implication of terms generally
  • The duty to co-operate in contract performance
  • Incorporation of terms by reference or by a course of dealing

Part III: The Incorporation of Contractual Terms by Reference or By a Course of Dealing

The identification of contractual terms may involve the application of two distinct sets of

principles, namely, those which:

  1. determine the conditions for the incorporation of terms by reference or by a course of dealing;
  2. determine the conditions for the implication of terms.

Incorporation is concerned with establishing the express terms of a contract while the

process of implication is concerned with the filling of gaps in an otherwise complete

contract. This segment is concerned with incorporation.

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.


About the Presenter:


About the Presenter:


About the Presenter: