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

Data breaches, continuous disclosure and class actions – unwelcome bedfellows

Duration: 59 mins
Filmed: August 2021

Data breaches are now a key risk for all Australian businesses. Australia’s data breach regulatory regime is unique, as is its continuous disclosure and class action environment. This combination poses distinctive and developing challenges for companies and boards in preparing for and managing, these issues as they arise.

This webinar, hosted by Gilbert + Tobin in conjunction with ACC Australia, explores:

  • the data breach regime and how it intersects with directors’ duties, the current continuous disclosure obligations and regulatory and class action risk;
  • recent high-profile cases; and
  • how this might be impacted by law reform proposals to introduce a permanent knowledge element for civil liability for breaches of the continuous disclosure regime.

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.

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.

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?

Government contracting - tips and traps

Duration: 54 mins
Filmed: August 2020

In-house counsel are often tasked with negotiating contracts with Federal or State governments or their agencies for the supply of goods or services or provision of works, or for the delivery (including construction and financing) and/or operation of public infrastructure such as transport, schools and hospitals. Contracting with government raises some unique legal issues and particular challenges which can trip up the unwary and give rise to risk of contract termination, invalidity or unenforceability. Governments themselves and their agencies also face policy issues and requirements which need to be addressed in contracts with the private sector.