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Recorded Webinars

Recorded Webinar: Offers of Settlement and Settlement Agreements: The Drafting Essentials Toolbox for Commercial Lawyers

Drafting settlement offers and agreements require consideration of individual circumstances of each matter. Getting it right is essential to ensure the client obtains for cost benefits of settlement and the practitioner avoids potential negligence claims. This session includes:

Date/Time

About the Webinar

Drafting settlement offers and agreements require consideration of individual circumstances of each matter. Getting it right is essential to ensure the client obtains for cost benefits of settlement and the practitioner avoids potential negligence claims. This session includes:

Offers of settlement:

  • The principles of Calderbank v Calderbank

  • The Uniform Civil Procedure Rules impact on drafting offers to settle

  • Drafting to show a genuine offer

  • Offers to settle or offer to compromise – drafting and content comparisons

  • Cost consequences – can drafting improve a cost outcome?

  • Case study – Example of an offer to settle


Settlement agreements:

  • Ensuring the parties have reached a binding agreement

  • Transferring binding terms of settlement into the agreement

  • Drafting to indicate intention to be bound

  • Drafting to demonstrate complete agreement

  • Confidentiality clauses - demonstrating completeness in agreement

  • Case report – Feldman v GNM Australia Ltd [2017] NSWCA 107

Presented By

Andrew Smyth
Partner, Robbins Watson Solicitors Gold Coast, QLD

Andrew is the managing partner of the firm, and practises primarily in estate planning and administration and business and personal structuring, focussing on complex and high value matters: typically involving Superannuation, Trusts, Companies, Taxes and International matters.

Andrew is a member of the peak industry bodies in his fields of practice: Society of Trust and Estate Practitioners (STEP) and The Tax Institute (ATI). Both of these organisations only accept membership from persons with proven expertise and experience in Trusts, Estates and Tax respectively.

In 2022 Andrew was appointed executive member of the Legal Practice Section of the Law Council of Australia, where he works to improve the regulation of the legal profession and advocates for changes enhancing the timely and cost-effective delivery of legal services.

Andrew writes and presents technical papers and CPD for the legal and accounting professions on Trusts and Super, and is a co-author of the reference text “Estate Planning” published by LexisNexis.

Andrew is also an experienced litigator, and was head of the firm’s litigation department for over 15 years. He has been a member of the Queensland Law Society Litigation Rules Committee since 2012, and was deputy chair of that committee from 2018 until 2022. This litigation experience informs and enhances Andrew’s commercial and planning advice, as he knows how and when disputes may arise, and is a fearless advocate for his clients when required.

Who Should Attend?

This webinar is suitable for in-House Counsel and 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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