Contract Law Masterclass
Speakers: Jeffery Goldberger, Henry Davis York
- Video recording - delivered on USB Stick (3.5 hours of video content)
- Comprehensive Paper and Resource (143 pages) - hard copy delivered with recording
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.
Delivered in Hobart on 30 October 2017.
Reviews: “Mr Goldberger not only knows his stuff, he knows how to teach! An excellent overview of the areas covered, and excellent materials as well. One of the best CPD seminars I've been to” |“This speaker is the best presenter that I have heard EVER” | “Fantastic paper, will be a great resource” | “The practical nature of the presentation was excellent” | “Mr Goldberger was very knowledgeable on the topics covered and was a very good speaker, accompanying information book extremely valuable.”
Read more reviews here.
CPD Guide: 3.5 SL/PS
This product includes: 3.5 hours of video content | Paper - 143 pages, hardcopy delivered upon purchase
Program - Recordings:
Part I (approx 1hr45min): 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
Part II (approx 1hr): 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.
Part III (approx 45min) : 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.
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.