Contract Law in 2025 – Penalties, Unfair Terms & Unconscionable Conduc – Leo Cussen Centre for Law

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Contract Law in 2025 – Penalties, Unfair Terms & Unconscionable Conduct

Contract Law in 2025 – Penalties, Unfair Terms & Unconscionable Conduct

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Penalty clauses in contracts can provide a solid deterrent against a breach or default on a contract. However, without due care and diligence, they can be found unenforceable or void depending on the nature of the dispute. Practitioners may be inclined to revert to drafting liquidated damage clauses, although these are also not without their risks.  

This seminar will discuss these critical contract law issues, including:  

  • Penalty clauses versus liquidated damages. 
  • When a contractual fee or charge may be struck down as a penalty. 
  • Proportionality and documentation required as evidence. 
  • Drafting tips to ensure clauses are not deemed to be penalties. 
  • Strategies for managing disputes involving alleged penalty clauses. 
  • Current trends and case law on unconscionable conduct. 
  • The current legal landscape relating to unfair terms in standard form contracts. 

Contract law can rapidly evolve based on judicial decisions and legislative updates. It is imperative for contract lawyers to ensure you are up to date so you can provide sound and strategic advice to your clients. 


What is included:

A video of the presentation in mp4 format

Paper material in pdf format


* This Webcast does not allow WA practitioners to claim CPD points