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Recorded Webinars

Recorded Webinar: Navigating Electronic Contracts: A Primer for Junior Lawyers (Professional Skills)

With the rise of electronic contracts, it is crucial for junior commercial lawyers to understand the legal complexities and risks that come with them. In this session, participants will learn practical strategies for navigating the digital era of contracts, including best practice

Date/Time

About the Webinar

With the rise of electronic contracts, it is crucial for junior commercial lawyers to understand the legal complexities and risks that come with them. In this session, participants will learn practical strategies for navigating the digital era of contracts, including best practices for ensuring enforceability and managing negotiation risk factors. It covers:

  • Understanding when a contract is formed electronically
  • Reasonable notice prior to enforcement of contract
  • Digital signature and the rule in L’Estrange v Graucob
  • Risks with browse wrap agreements – when terms not on same page
  • Risks with a click-wrap agreements – when terms are on same page
  • Negotiation risk factors when done electronically:
    • evidential issues
    • does legislation afford protection?
    • using Docusign
    • different versions of contract
  • Best practice requirements to ensure enforceability of online contracts
  • Operation of consumer law and on-line agreements

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 junior lawyers - Australia wide.

CPD Information

Lawyers can claim 1 CPD unit – Professional Skills.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

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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