Overview

The presentation will open with a discussion on how Parliament makes laws through legislation and delegated legislation, and how courts then interpret the laws and decide how they should be applied in a given situation by applying rules for interpreting statutes and having regard to then existing decided cases. How laws should be applied in practice is very important and how having proper rules and the right culture will, assist business towards success by understanding laws applying to them and avoiding pitfalls that may be costly in terms of penalties, reputation and loss of time and goodwill.

David Grace will discuss essential contract fundamentals that non-lawyers should be aware of, focusing on the importance of clear contract formation, drafting techniques and clear risk allocation to avoid disputes. The session will also address the duties, responsibilities and liabilities of managers under the Corporations Act 2001 (Cth) and the concept of accessorial liability in workplace, environmental and consumer law contexts. David will discuss key legislative provisions and case examples to illustrate how liability can extend to individuals knowingly involved in contraventions. The presentation will further explore obligations under consumer law, including unfair contract terms, misleading conduct and statutory guarantees for both business-to-consumer and business-to-business dealings. Finally, David will discuss the benefits and risks of artificial intelligence, stressing the importance of clear contractual provisions reflecting the parties’ intentions. This session is designed to equip non-lawyers with practical insights into contract clarity, legal responsibilities and emerging risks.

Learning Objectives

After attending this presentation, participants will be able to:

• Identify the key elements of contract formation and understand the importance of clear drafting to minimise ambiguity and disputes.
• Recognise how risk is allocated in contracts and why clarity in assigning responsibilities is essential.
• Understand the duties, responsibilities and potential liabilities of managers under the Corporations Act 2001 (Cth) (Corporations Act) and Competition and Consumer Act 2010 (Cth) (CCA).
• Explain the concept of accessorial liability and how individuals may be held accountable for contraventions in the workplace, environmental and consumer law contexts.
• Describe obligations under consumer law, including unfair contract terms, misleading conduct and statutory guarantees, and their application to both business-to-consumer and business-to-business transactions.
• Appreciate the benefits and risks of artificial intelligence in contracting and the importance of ensuring contractual provisions reflect the parties’ intentions.

Featuring Our Speakers

 

 

 

 

David Grace OAM

Consultant

Cooper Grace Ward Lawyers

As one of the founding partners of Cooper Grace Ward, David Grace has more than 45 years’ experience in corporate and commercial law and is highly sought after for his expertise.   David is a consultant within the firm’s corporate advisory team, specialising in company law and practice and in competition and consumer law. He advises extensively on the duties and responsibilities of directors and officers.

David’s commercial approach to legal problem solving and his knowledge of risk management systems are grounded in his extensive experience as a company director serving on numerous boards. This includes service on the audit committees, operational risk management committees and corporate governance committees of public companies.

As part of his extensive work in corporate governance and compliance, David has overseen the establishment and implementation of major compliance programs for listed and unlisted public and proprietary companies. These programs are designed to create efficiency and effectiveness in the operations of the business. Program outcomes include greater responsibility, accountability and engagement of people in the risk management process with a view to protecting the enterprise, its board and senior management, and its employees who are responsible for overseeing activities regulated by relevant laws.

David is independently recognised as one of the leading lawyers in Australia in his fields of expertise. He has been listed by Best Lawyers Australia for Commercial Law (since 2014), Corporate Law (since 2015), and Corporate and Governance Practice (since 2022). He is also a three-time winner of the Lawyer Monthly Global Legal Awards in the category of Competition and Consumer Law, Australia.   In 2001, David received an Order of Australia Medal for his services to the community, particularly through traineeship programs and through family and aged care organisations.

Who should attend?

Executive and non-executive directors of companies or co-operatives, partners in businesses, senior
and middle management of organisations.

Topics Covered

• Contract fundamentals
• Duties, Responsibilities and Liabilities of Managers:
• Obligations under consumer law
• Benefits and dangers of artificial intelligence