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.
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
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.
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'?
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?
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.
The COVID-19 pandemic has created, and continues to pose, significant challenges for many Australian companies and businesses. Companies in various industries are relying on temporary measures put in place by the Federal Government and cash injections to stay afloat. Others are restructuring their operations. For those organisations with surplus cash and liquidity, deteriorating economic conditions may provide a range of attractive opportunities to pick up distressed companies at much lower valuations.
In this recording, Gilbert + Tobin’s award-winning Mergers + Acquisitions and Restructuring + Insolvency teams explores corporate transactions in times of distress, including:
- the current market conditions for both M+A and restructuring activity;
- the regulatory landscape, including the temporary changes to insolvency laws and the proposed reforms recently announced by the Federal Treasurer;
- structuring options for distressed M+A and investments;
- recent examples and case studies, including lessons from the sale of KikkiK and Sargon Capital; and
- practical considerations for in-house counsel and M+A practitioners when assessing distressed opportunities.
The COVID-19 pandemic has created significant challenges for Australian companies and businesses. Many have been forced to rely on temporary measures put in place by the Federal Government (both fiscal and regulatory) and negotiations or extensions with stakeholders (such as banks and landlords) in order to stay afloat.
As coronavirus restrictions begin to ease across the country, many Australians are feeling hopeful that we will soon be back at work with our colleagues. It’s expected that workers will return to their workplaces in the coming months as Governments start to shift its focus from containment of the virus to repairing the economy.
The National Cabinet has agreed to a set of COVID-19 Safe Workplace Principles, which highlight key issues to be taken into account by employers as they plan the return of employees to the workplace.
• the conduct of the Commission;
• how it changed the corporate landscape over the course of the year;
• the attention on regulation; and
• the ramifications for regulatory approach from now.
What will be found to be ‘unconscionable’?
When will conduct be considered ‘unconscionable’ within the meaning of equity/the ‘unwritten law’?
What is statutory ‘unconscionability’ and what are examples of conduct that has been found to infringe the legislative norms?
What do we take away from ASIC v Kobelt  HCA 18; 93 ALRJ 743? What remedies are available?
This session covers: • the regulatory issues surrounding data use, including the focus of the various regulators in Australia such as ASIC, APRA and the ACCC; • the art of valuing data in an M&A context; and • considerations around the use of data and what Boards need to be aware of.
Filmed March 2020