Contract Law Masterclass
Law Society of Tasmania
Law Society of Tasmania
How up-to-date are you with the latest in contract law?
Presented by Jeffrey Goldberger, an expert in contract law and a highly rated CPD presenter, this advanced workshop is aimed at practitioners with over five years’ experience. It will assist you to keep abreast of the latest developments in contract law and help you develop your technical skills to enable you to provide more effective solutions for your clients. This practical, interactive workshop will include an overview of recent key developments in contract law and the law on, and drafting tips for, indemnities, exclusion clauses and financial caps.
Reviews from one of Jeffrey’s previous Contracts Masterclasses: “Phenomenal presenter”; “One of the best presentations ever, contracts law made interesting and engaging”; “The best contracts law seminar I’ve attended in many years”.
8.50am Welcome remarks
9.00am Contract law in the cases: the year in review
Equitable estoppel in commercial dealings: Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd  HCA 26
The principles of contract interpretation: Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd  HCA 12
Penalties: Pacicco v Australia and New Zealand Banking Group Ltd  HCA 28
Termination of contract for repudiation: Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No 3)  FCAFC 102
Unconscionable conduct under the Australian Consumer Law and the ASIC Act 2001 (Cth): Australian Securities and Investments Commission v Kobelt  FCA 1327
10.30am Morning tea
10.50am Law and drafting tips for indemnities
Drafting contractual indemnities may seem simple, however they are often the source of dispute. This session will focus on:
- Nature of a contractual indemnity
- Indemnity vs guarantee
- Characterising a claim under an indemnity: debt or damages
- Construction and interpretation of indemnities
- Direct or consequential loss
Tips for drafting indemnities.
11.50am Short tea break
12.00pm Exclusion clauses and financial caps
Exclusion clauses are important tools when seeking to completely remove a party’s liability for certain conduct or events under the contract. This session will look at:
- Background law
- Carve-outs from exclusion clauses
- Wilful misconduct
- Deliberate breach
- Gross negligence
Tips on drafting clauses.
1.00pm Final remarks and close
About the Presenter
Jeffrey Goldberger, Special Counsel, Henry Davis York
Jeffrey has over 25 years' experience in the Australian legal sector and is a recognised authority on Australian contract law. He has advised clients in both the private and public sectors and is well known to, and highly regarded by, major government, finance, resources and corporate clients. Jeffrey has lectured in contract law and private international law at the University of Sydney Law School and in 2012 he served on the then Federal Attorney General's expert panel established to advise the Australian Government on the effectiveness of Australian contract law. Jeffrey's ability to articulate the application of contract law in a practical and commercial way is widely known and highly regarded, reflected in his presenting papers on Australian and English contract law at numerous conferences and seminars throughout Australia and the United Kingdom.
CPD Guide: 3.5 SL/PS
Attendance / Registration information: Attendance in person is required for this 3.5 hour workship.
Enquiries: (03) 62 344 133.
LST member registrationRegistrations close Friday 20 October 2017; limited seats. Non-member registration ($285): please register by calling (03) 62 344 133