Recorded Webinar: Drafting and Negotiating Contracts to Allocate and Manage Risk (Professional Skills)


27 November 2018

Duration:  1 hour


All commercial contracts to some extent deal with risk allocation and risk transference. Drafting robust indemnity, warranties and exclusion clauses are an essential part of any commercial lawyer’s armoury. This practical session examines how to best allocate and manage risk in contracts, including:  

  • Identifying and allocating key legal and commercial risks
  • Practical approaches and tactics to negotiating effective outcomes
  • Contractual mechanisms to transfer risk – drafting effective indemnity, warranties and exclusion clauses
  • Other key risk allocation tools – including limitations of liability and termination rights
  • Interplay between proportionate liability legislation and contractual liability exclusion
  • Case Study: impact of risk allocation clauses on insurance

Andrew Dunn, Partner, HFW Australia, Sydney

Although Andrew's practice covers contentious and non-contentious matters, he is primarily a commercial litigator. He was seconded to a US property/casualty insurer in the mid-1990s where he gained great experience of casualty business and PD/BI issues with multinational insureds - areas in which he continues to specialise in addition to financial and specialty lines and energy. He is familiar with and regularly advises on issues emanating from the subscription market and tension between the different interests (and positions) of subscribing insurers.

More recently, he has advise on the defence of a large class action claim arising from an uncontained aircraft engine failure and has advised insurers of major asbestos liabilities in proceedings to compel their reinsurance response. He also advises policy-holders on their insurance response, e.g. following explosions (multiple), constructive total loss damage to a new state of the art train in international transit, and failed property developments.


This webinar is suitable for lawyers - Australia wide and it has been designed to deliver the "Professional Skills" compulsory subject CPD unit.

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:
Product Code: WB1NOV18
 Price:  $198.00 (Inclusive of GST)
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