Managing Commercial Risk in Contractual Documents: A One Day Online Masterclass e-book

This masterclass has been designed to enable commercial lawyers to earn their 10 CPD units for the CPD year ending 31.3.24.

Delegates will attend 6 substantive law sessions live online at the Masterclass and we’ll supply 4 free on-demand video webinars – 3 covering each of the compulsory subjects plus 1 other - to view at your leisure by 31.3.24.  So all up you will earn your 10 CPD units for the current CPD year.

• Session 1:  You, Me and the Indemnity: A Drafting Guide - The use of indemnities in commercial agreements to allocate risk brings with it significant consequences to the indemnifying party. This session will examine the key components of an indemnity clause and provide options together with drafting suggestions to assist practitioners with drafting, negotiating and amendment.
• Session 2:  Unfair Contract Terms - Drafting to Ensure Compliance - Over the years, the scope of Australia’s unfair contracts regime has steadily broadened, capturing a great number of contracts between consumers and businesses. With significant reforms introduced in late 2023, it has never been more important for commercial lawyers to understand current playing field and the strategies to implement when preparing commercial contracts.
• Session 3:  Drafting Effective Penalty Clauses in Commercial Agreements - Penalty clauses can be an attractive mechanism to reduce contract risk, but imprecise drafting can lead to unenforceability and significant cost consequences. This session will examine the legal issue concerning penalty clauses and provide a guide to drafting robust clauses that will withstand intense scrutiny.

• Session 4:  Promises Promises: Drafting Watertight Warranties - Warranties provide greater certainty for both vendor and purchaser in contracts for the provision of good, services or property. To achieve that certainty and meet the expectation of the parties, precision in drafting is essential. This session provides practitioners with a step-by-step guide to drafting watertight warranties and avoiding costly mistakes.
• Session 5:  Time’s Up: Drafting Effective Termination Clauses - The ability to draft effective termination clauses is a crucially important tool for commercial lawyers to possess. The key drafting techniques and practice points – which apply in all areas of front-end commercial legal practice – have been scrutinised by the High Court and provide practitioners with useful guidance on drafting effective termination clauses. This webinar explores the key issues.
• Session 6:  Don’t Ask, Don’t Tell: Drafting Confidentiality and Data Protection Clauses - Many commercial arrangements involve the disclosure of confidential information and the exchange or collection of data by one or more parties. The challenges in protecting information lies in clear and precise drafting of appropriate obligations. This session will clarify the difference between confidentiality and privacy which is often misunderstood, and provide a guide to drafting appropriate protections for information.

Plus 4 on-demand video webinars

In addition, all delegates will receive 4 on demand video webinars.  These webinars are being recorded in February 2024 and will be provided online by end February 2024 for you to view at your leisure by 31.3.24.

1. 1 hour Ethics program
2. 1 hour Professional Skills program
3. 1 hour Practice Management & Business Skills program
4. The Choice Is Yours: Preserving Rights Of First Refusal And Options (substantive law)