Courses
Commercial Construction of Contracts
Duration: 45 mins
Filmed: February 2018
This seminar outlines methodologies used to construe contract clauses and considers:
1. the principles of commercial construction of contracts
2. The current state of the law concerning admissibility of surrounding circumstances to construe a contract
3. Whether courts take a more literal or contextual approach to construction
4. The approach the high court is taking including a consideration of Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12
Commercial contracts – practical tips and updates
Duration: 1 hour 1 mins
Filmed: November 2020
This recording explores current developments in contract law, including recent cases on:
- termination rights;
- good faith obligations;
- clauses dealing with consequential loss; and
- the enforcement of dispute resolution clauses.
It also considers how these developments affect the drafting and implementation of commercial agreements.
Data sovereignty and nationalism
Duration: 58 mins
Filmed: March 2020
This session covers:
- how data provides strategic advantages to nation states;
- matters relating to foreign ownership of data; and
- the role of the Australian Government / private sector in ensuring infrastructure resilience.
Filmed March 2020
Employment Webinar Annualised Salaries + Modern Awards
Duration: 1 hour
Filmed: March 2020
The Fair Work Commission has varied the annualised salary provisions of 16 modern awards and added annualised salary provisions to two other modern awards. The variations came into effect on 1 March 2020 with the new provisions to operate from the first full pay period on or after that date.
These changes have far-reaching implications for many businesses and the remuneration of staff. In this webinar we examine the new modern award provisions and how they interact with set-off clauses in employment contracts, guide you through steps to ensure your business is compliant under the new workplace laws, and outline strategies and processes to prevent underpayment of staff.
Hear from our leading Employment specialists James Pomeroy and Tom Brett, with practical payroll insights from Richard Breden – General Manager, Ascender Cloud Services.
These changes have far-reaching implications for many businesses and the remuneration of staff. In this webinar we examine the new modern award provisions and how they interact with set-off clauses in employment contracts, guide you through steps to ensure your business is compliant under the new workplace laws, and outline strategies and processes to prevent underpayment of staff.
Hear from our leading Employment specialists James Pomeroy and Tom Brett, with practical payroll insights from Richard Breden – General Manager, Ascender Cloud Services.
Exclusion and Limitation Clauses
Duration: 1 hour
Filmed: December 2017
Dr Elisabeth Peden will look at recent cases and example clauses to give guidance in drafting and construing exclusion and limitation clauses.
Specifically, Dr Peden will consider:
- Is Darlington Futures still authority for construction of exclusion clauses and was it correctly decided?
- Where are we up to with excluding and limiting liability for 'consequential loss'?
- How can a contract limit liability for breaches of statutory duties, such as 'misleading or deceptive conduct'?
Specifically, Dr Peden will consider:
- Is Darlington Futures still authority for construction of exclusion clauses and was it correctly decided?
- Where are we up to with excluding and limiting liability for 'consequential loss'?
- How can a contract limit liability for breaches of statutory duties, such as 'misleading or deceptive conduct'?
Good faith in contract law – how does it really work?
Duration: 1 hour 2 mins
Filmed: December 2020
In this seminar, Dr Elisabeth Peden SC considers:
• How is the obligation to co-operate different to good faith and what does good faith mean? • Is it worth including an express term of good faith in a contract? • When will a term of good faith be implied into a contract? • What happens if a party does not act in good faith?