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Recorded Webinars

Recorded Interactive Webinar: Before You Give That Undertaking: What Every Lawyer Needs to Check

Undertakings are often given in the middle of fast-moving transactions, urgent settlements or pressured negotiations. But when something goes wrong, it is the solicitor, not the client, who can be personally exposed. This session examines how undertakings operate in practice, and
PRESENTED BY David Bailey Barrister - Victorian Bar , Melbourne

Date/Time

About the Webinar

Undertakings are often given in the middle of fast-moving transactions, urgent settlements or pressured negotiations. But when something goes wrong, it is the solicitor, not the client, who can be personally exposed. This session examines how undertakings operate in practice, and uses real-world scenarios to explore when to give them, how to limit them, and when to refuse. It covers:

  • What amounts to an undertaking in practice – express vs implied, and why formality is not required
  • The binding nature of solicitors’ undertakings and the courts’ supervisory jurisdiction over enforcement
  • Personal liability: when the solicitor (not the client) is on the hook
  • Authority to give an undertaking – actual, ostensible and assumed authority, and why assumptions are dangerous
  • Conditional and qualified undertakings – when they are effective and when they fail
  • Common high-risk scenarios: settlements, property transactions, trust money and releases
  • Urgent situations and settlement pressure – how to pause, qualify or refuse without derailing the deal
  • Breach of undertaking: consequences, enforcement options and interaction with professional conduct rules
  • Managing and discharging undertakings – systems, follow-up and documentation
  • Practical case studies: undertakings that went wrong and how they could have been avoided

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 was 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.  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.

He 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 lawyers throughout Australia. 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.

OPTIONAL ONLINE QUIZ

We will be adding an optional online quiz to the recording of this webinar to make it interactive in terms of the type of CPD that can be claimed. Upon completion of the quiz the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned. The online quiz will be available with the recording – typically within 1 to 2 days of the live webinar being held.

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, Jason Hooker on (03) 8601 7709 or email: [email protected]

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