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Recorded Webinars

Recorded Webinar: Liquidated and Unliquidated Damages: Navigating the Risks and Drafting for Success

Understanding the distinction between liquidated and unliquidated damages is critical when managing breach risks in construction and commercial contracts. This session provides practical insights into drafting enforceable clauses, avoiding common traps, and protecting your client’

Date/Time

About the Webinar

Understanding the distinction between liquidated and unliquidated damages is critical when managing breach risks in construction and commercial contracts. This session provides practical insights into drafting enforceable clauses, avoiding common traps, and protecting your client’s position in the event of a dispute, including:

  • How unliquidated damages are assessed by the courts?
  • Understanding liquidated damages: genuine pre-estimates vs unenforceable penalties.
  • How to properly draft and structure liquidated damages clauses to ensure enforceability.
  • Common pitfalls that can render a liquidated damages clause invalid.
  • The practical benefits of liquidated damages for both property owners and contractors.
  • Real-world examples of how courts treat liquidated vs unliquidated damages claims.
  • Best practice tips for managing damages exposure in construction and other commercial contracts.

Presented By

Philip Bambagiotti
Barrister at Law, Adjunct Professor of Law, University of Notre Dame Australia Sydney, NSW

Philip Bambagiotti is a barrister, arbitrator, arbitration advocate, independent negotiator, and consultant dispute resolver.  He practices from chambers in Sydney (Australia) and London (UK).  He is an Adjunct Professor of Law at the University of Notre Dame Australia, Sydney.

He has been at the commercial bar for 23 years. He practices in all aspects of commercial law, but with particular focus upon technology & construction issues, equity, property & planning, and professional negligence, insurance / reinsurance and revenue issues in the commercial context.  He is one of the few common-law counsel with particular interests in the Convention for the International Sale of Goods (Vienna Convention).

He is a specialist advocate, with experience in appearing before all levels of the courts, various tribunals, and in arbitrations.  He is noted for his advice in dispute ‘management’ and strategy.  His range of skills & experience also lends itself to representing parties in complex and complicated negotiations (of disputes and otherwise) and mediations.

He is recognised nationally and internationally as an entertaining & informative speaker, and is a published author of books and a range of papers.

Who Should Attend?

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

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

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.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

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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