Live Webinar: Ipso Facto Insolvency Reforms and Managing Insolvency Risks in Commercial Contracts


Date: Thursday 21st February 2019 – Online: 
Vic, NSW, ACT, Tas: 11am to 12noon 
SA:  10:30am to 11.30am  WA: 8am to 9am 
NT: 9:30am to 10:30am  Qld: 10am to 11am

Most commercial contracts have traditionally included ipso facto clause. They allow a party to terminate or modify the operation of a contract upon the occurrence of an insolvency event. However, the sweeping reforms introduced last year have meant many clients will no longer be able to rely or enforce ipso facto clauses. This major reform, and the effect it has on commercial contracts, will be discussed in this session, including:

  • The role of ipso facto clauses

  • What contracts does the ipso facto stay apply to?

  • Overview of the key changes

  • Restrictions on the enforcement of ipso facto rights: In what circumstances will they apply?

  • Exemptions to the ipso facto stay

  • How can clients prepare for scenarios where ipso facto clauses cannot be enforced?

  • Is now the time to vary or extend existing agreements?

  • Managing insolvency risk - reviewing the security, insolvency, breach, termination and set-off provisions in clients’ contracts

  • Grey areas, and practical issues or difficulties arising with the reforms

Our presenter

Sally Whiteman, Barrister, Victorian Bar, Melbourne

Sally Whiteman’s principal practice areas are commercial, consumer, employment, regulatory and criminal law.

Sally maintains a broad civil and commercial litigation practice by which she has particular experience in matters concerning:  joint ventures and partnerships; contract disputes; guarantees and indemnities; property law; torts (conversion and detinue); equity and trusts; insolvency and bankruptcy law; corporations and unincorporated associations law; copyright, trademarks and designs law; and consumer law.

Sally acts in private consumer litigation as well as consumer prosecutions. She acts as prosecutor for Consumer Affairs Victoria and is a panel lawyer for the Consumer Action Law Centre.

Sally provides advice and advocacy in respect to employment matters. She is also experienced in running workshops on employment and industrial relations law, practice and procedure.

Sally has experience in regulatory and criminal matters both as prosecutor and on behalf of defendants. She accepts briefs in a broad range of regulatory and criminal matters. She has particular experience in respect of matters concerning corporate and white-collar crime, proceeds of crime, compensation under the Sentencing Act 1991, taxation administration offences, building offences, estate agent offences.

Sally accepts briefs in defamation law. She regularly assists Arts Law Centre of Australia in this regard.


This webinar is suitable for lawyers practising in business law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.


Live webinar delegates will receive a CPD certificate for attendance at this webinar.  Lawyers can claim up to 1 CPD units/points – substantive law.  This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email:

Attending a TEN webinar couldn’t be easier. Basically it’s just like attending a seminar except that you don’t have to leave the comfort of your office or home. You just need to be available at the appointed date and time with your computer and internet connection.

Once you’ve registered for the webinar, we send you a link so that you can login to the webinar from your computer. The speaker delivers the session from their computer in real time. Just like a live seminar, you can ask questions of the speaker. You simply type your question into the question box and the speaker responds to it during question time.
At the end of the webinar session we send you a certificate to confirm your attendance and the number of CPD hours you earned.

You will need a computer with sound, an internet connection and earphones if you need to participate in the webinar in an open office environment (so you don’t disrupt those around you).

Product Code: RBSFEB19
 Price:   $264.00 (Inclusive of GST)
© 2019 Television Education Network Pty Ltd. All rights reserved. The program for this webinar is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.