Brisbane | 18th July 2018 
Sydney | 24th July 2018 
Perth | 24th July 2018 
Melbourne | 31st July 2018



  •  Defining the essential elements for different types of contracts
  • Understanding Intent & its relevance in contracts
  •  Analysing the concepts of invitations to – treat, offer & accept
  • Discover differences between Conditions, Disclaimers & Warranty
  • Recognise differences between implied and explicit Warranty
  • Learn legal maxims for what constitutes Consideration
  • Evaluating capacity to contract and how it affects the validity of an agreement
  • What constitutes an agreement?



  •  Promissory terms – conditions, warranties & intermediate terms
  • Learn how to manage Misinterpretation
  • Understand what constitutes Misleading Conduct in the Australian Consumer Law (‘ACL’) s18
  • Drafting terms which avoid potential problems
  • Examining how exemption clauses can disadvantage a party
  • Highlighting key contract terms to focus upon
  • Writing terms to ensure contract performance
  • Specific Clause Issues
  • Exploring the enforceability of exemption clauses – What have the courts decided?
  • Promissory estoppel – The Walton Stores clause 




  • How should you handle an invalid contract?
  • Clarifying roles & expectations
  • Amending contracts
  • Performance versus claim for damages
  • Interpreting the differences between Breach vs Variation
  • Causation of damages
  • Remedies – Mitigation of damages
  • Termination clauses & things to consider before terminating
  • Alternative Dispute Resolution
  • Litigating in Common Law & Civil Law jurisdictions
  • Settlement provisions
  • Recognise the optimal times to exert the power of the clauses in your contracts
  • Damages
  • Mitigation
  • Liquidated damages Vs Penalties
  • Exit Clauses
  • No fault termination clauses
  • Force Majeure Clauses
  • Material Adverse Change Clauses



  •  Understanding implied conditions in consumer contracts
  • Analysing Australia’s consumer protection laws found in the ACL
  • Exploring the key aspects of the ACL and how they affect your contract
  • Avoiding unfair consumer contract terms, ACL ss 23 and 24
  • Evaluating the impact of an unfair term on the rest of a contract
  • Examining your contracts from a risk benefits analysis
  • Understanding penalty provisions to avoid financial losses



The first four sessions have focused on the fundamentals of contract law but we need to understand how to apply ‘dry’ legal concepts into our daily routines. This session will show you how to make the leap between nice, clean, legal concepts and the typical types of contracts that you might come across your desk.

  • Understanding pre-contractual statements
  • Vitiating factors – ‘Can I get out of this contract?’
  • Protecting yourself from vitiating factors
  • Invalidation, mistakes & unconscionable conduct, ACL s 21
  • Exposing exemption clauses and how to make the most of them
  • Learn how to identify Contract Risk and avoid potential consequences
  • Establishing contractual terms which reflect your company’s interests
  • Key strategies to resolve contract disputes before they occur


The program includes morning and afternoon tea, and a lunch break. Delegates will also receive comprehensive workbooks with case studies and exercises.