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 Drafting Commercial Contracts for Maximum Impact – a live lunchtime online conference

Online Conferences,Commercial Law,Drafting Commercial Contracts for Maximum Impact – a live lunchtime online conference
Monday 12th September 2022
Vic, NSW, ACT, Qld, Tas: 12 noon to 2.45pm
SA/NT: 11.30am to 2.15pm
WA: 10am to 12.45pm
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Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.

One registration can be shared by colleagues within the same firm utilising the same login.


Session 1: 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, including:

  • Key features of a warranty
  • When is a warranty essential?
  • At what point does a warranty become effective and at what point does it end?
  • The relationship between disclosure and a warranty
  • Remedies for breach of a warranty
  • Drafting tips including:
  • Time-specific warranties
  • General limitations and exclusions
  • Liability limitations
  • Calculating loss and damage
  • Remedies
  • Consideration of relevant implied and statutory warranties and required compliance
  • Making sure your client understands the warranties – advice and review
  • Cases and examples

Session 2: Contractual Risk Allocation Tools: Drafting Guarantees and Indemnities

Accepting liability, even of a limited nature, under a contract brings with it potentially onerous consequences and, as a result, precise and thorough drafting of such clauses is essential. This session provides a deep-dive into the drafting of guarantees and indemnities and associated guidance practitioners need to provide their clients, including:

  • Guarantees and indemnities as risk allocation tools
  • The characteristics of a guarantee and appropriate circumstances to provide one
  • Essential features of a guarantee, including:
  • Default trigger and process
  • Guarantor’s obligations
  • Legal requirements for enforceable guarantees
  • Lessons from litigation
  • When to include an indemnity in a contract – assessing potential loss or damage and risk allocation
  • Key indemnity drafting considerations including:
  • Types of indemnities
  • Nature and extent of potential loss
  • Mitigation obligations
  • The availability of common law remedies
  • The impact of insurance
  • Negotiating indemnities and relationship management
  • Relevant cases and examples

Session 3: Drafting and Relying Upon Effective Termination Clauses

When a contract is breached, the non-defaulting party has a range of options available, including terminating the contract. However, the termination process can be fraught with litigation risk. It can ultimately hinge upon the reliance of a well-drafted termination clause. This session examines how to prepare effective termination clauses in your commercial agreements, as well as how to effectively exercise termination rights. It covers:

  • Drafting effective termination clauses
  • Circumstances of termination
  • Termination versus rescission, issues that may influence
  • Restrictions on termination and rescission
  • Reducing risk in terminating a contract including limiting litigation risk
  • Avoiding mistakes in exercising termination rights

Robert Schneider, Consultant, HWL Ebsworth Lawyers, Sydney, NSW (Chair)

Lynda Reid, Partner, Mills Oakley, Sydney, NSW

Mark Kenney, Partner, Carter Newell Lawyers, Brisbane, Qld

Geoff Bartels, Principal, Bartels Business Lawyers, Epping, NSW

  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • Our team used the boardroom.  We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did.  All from the comfort of our own office.
  • The conference was well organised and the email links very useful.

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.  Lawyers can claim up to 2.5 CPD units/points (substantive law).


If you register and pay by 19 August 2022 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: hayley@tved.net.au

© Television Education Network Pty Ltd 2022

Product Code: ODCSEP22
 Price:   $495.00 (Inclusive of GST)