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Recorded Webinars

Recorded Webinar: Drafting Effective Exclusion Clauses in Commercial Agreements

Courts are reluctant to interpret exclusion clauses broadly, preferring to interpret narrowly where possible. Drafting wide exclusions must be carefully done and avoid ambiguity. This session looks at the key issues, including: Understanding t

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About the Webinar

Courts are reluctant to interpret exclusion clauses broadly, preferring to interpret narrowly where possible. Drafting wide exclusions must be carefully done and avoid ambiguity. This session looks at the key issues, including:

  • Understanding the law applying to exclusion clauses

  • Understanding what is being excluded - gauging the scope of exclusion

  • How much liability can you limit?

  • How much liability can you pass on to another party?

  • Rules of interpretation - drafting to address the rules

  • Damages and exclusion clauses

  • Exclusion clauses and the operation of implied terms

  • Case study - template for water tight exclusion clause in commercial contracts

Presented By

David Bailey
Barrister, Victorian Bar Melbourne, Vic

David is a member of the Victorian Bar, and has been in legal practice for over 40 years. He has a strong interest in dispute resolution including arbitration and mediation. He was a founding member of the Australian Centre for International Commercial Arbitration board and served on it from 1985 to 2010; he is a fellow of ACICA and a fellow of the Resolution Institute and the first Chair of the International Law Section of the Law Council of Australia. David is also an Adjunct Professor of Law at Victoria University where he teaches Commercial Arbitration. He regularly presents papers on civil litigation and dispute resolution for the Law Institute, Leo Cussen Institute, Legalwise and other bodies. He is the senior author of Civil Procedure Victoria and the author of Discovery and Interrogatories, Australia published by Lexis Nexis.

A former solicitor for over 25 years heading up a banking practice in a major law firm he now practises primarily in commercial litigation concerning banker/customer disputes, distribution and franchising disputes, cross border trade and commercial disputes and international transactions. He was counsel for Castel Electronics Pty Ltd in the key cases concerning international commercial arbitration in the Federal Court of Australia, the Full Federal Court of Australia and the High Court, TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2014] FCA 1214 and TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 295 ALR 596.

Who Should Attend?

This webinar is suitable for lawyers practising in business law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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