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Commercial Contract Drafting Strategies Warranties: A Contractual Safety Net A warranty provides a degree of certainty to the contracting party to whom it is


About the Masterclass

  • Commercial Contract Drafting Strategies
    • Warranties: A Contractual Safety Net
      • A warranty provides a degree of certainty to the contracting party to whom it is made, but the way in which it is drafted will have considerable bearing on the outcome of its breach. This session will provide practitioners with a deep-dive into why precise drafting of warranties is essential and how to avoid costly drafting mistakes.
    • Exclusion Clauses – How Far Can You Exclude Liability in Challenging Times?
      • Contracting parties may be motivated to include broad exclusion clauses in contracts, especially during times of crisis. This session looks at how far this can be taken.
    • Commercial Contracts and the Evolving Obligation of Good Faith
      • Good faith plays a crucial role in the law of contract, yet it is still a very grey area of law. This session will look at good faith and the current developments in this essential but undefined area of law.
  • Termination and Breach Issues in Commercial Contracts
    • Counting the Costs of Damages for Breach of Commercial Agreements
      • Breach of commercial agreements present many potential economic claims against the defaulting part. This session focuses on what is and is not claimable, including recent case law developments.
    • Pre-Contractual Representations: When Can They Come Back to Bite?
      • What was said during the negotiations leading up to an agreement can have a major impact on the expectations of each party. Where a pre-contractual representation turns out to be false, the implications for the contract can be significant. The other party may have a right to rescind, or to claim damages. This session will provide practical guidance on how to avoid the pitfalls of pre-contractual representations.
    • Equitable Remedies in Commercial Law Disputes
      • Equity is a discretionary jurisdiction for courts. Do challenging times represent an opportunity for greater use of equitable discretion? This session looks at the impact of challenging times on key equitable remedies used in commercial disputes.

In addition, all delegates will receive the following recorded webinars. These webinars are being recorded in February and will be provided online by end February 2021 for you to view at your leisure to make up the 10 CPD units.

  1. Calling Out Bad Behaviour: The Professional Complaints Process (ethics)
  2. Tears Before Bedtime: Drafting Effective Early Termination Clauses (professional skills)
  3. A Roadmap for Managing Client Expectations (practice management business skills)
  4. Cost Orders Against Lawyers in Commercial Matters (substantive law)

The Faculty

Robert Schneider, Consultant, HWL Ebsworth Lawyers, Sydney Bridie Nolan, Barrister, 12 Wentworth Selborne Chambers, Sydney James d’Apice, Special Counsel, Chamberlains, Sydney Sydney Jacobs, Barrister, Thirteen Wentworth Chambers, Sydney Elisabeth Peden, Barrister, Third Floor Wentworth Chambers, Sydney Caroline Hutchinson, Principal, Coleman Greig Lawyers, Sydney Dr Anton Hughes, Barrister, Maurice Byers Chambers, Sydney Brenda Tronson, Barrister, Level 22 Chambers, Sydney


If you need assistance or have an enquiry, please do not hesitate to contact our Event Manager, Jenna Pickrell (03) 8601 7729 or email:

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