Unfair Contracts: Legal Frameworks, Case Studies, and Remedies
OND243N18ZA1
Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
*This is an interactive recording, which allows you to claim all your annual CPD points
Chair: Allison McLeod, Partner, HWL Ebsworth; Best Lawyers Australia for Franchise Law
Unfair Contracts: Commercial Perspectives and Considerations in Disputes
- Setting out the legislative and legal framework governing unfair contracts
- Identifying unfair contract terms, what constitutes unfairness, and terms commonly determined to be ‘unfair’
- Examining relationships between contracting parties and other circumstances that may give rise to unfairness, including review of relevant cases
- Exploring the consequences of unfair contract terms and available remedies
Presented by Mayank Gupta, Partner, Cornwalls and Bishoy Genday, Senior Associate, Cornwalls
Presenters
Allison McLeod
Allison is a corporate and commercial lawyer with a particular interest in franchising. She has extensive experience advising franchisor clients in all manner of franchising related issues – from providing advice about Australian market entry and the establishment of franchise networks in Australia, through to acting on sales/acquisitions and advising on dispute resolution. Allison’s experience also includes advising on, and assisting clients with, international expansion. In addition to franchising, Allison regularly advises on competition and consumer law issues, including reviewing contracts in the context of the Competition and Consumer Act 2010 (Cth), assisting clients in dealings with the Australian Competition and Consumer Commission, conducting competition and consumer law training and considering and advising on supply and pricing issues. Some of Allison’s broader commercial experience includes drafting and negotiating contracts, assisting clients with intellectual property protection and implementing structural changes, reviewing and drafting standard form documents and acting on private M&A transactions. Allison has been named in Best LawyersTM Australia for Franchise Law.
Mayank Gupta
Mayank brings a wealth of expertise, with over 15 years’ of international experience in corporate finance, distressed lending, restructuring, leveraged finance, asset finance, real estate finance and project finance. He has acted for large financial institutions and corporates spanning jurisdictions including Australia, United Kingdom, United States, China, India, South East Asia, Africa, andEastern Europe (to name a few). Over the last few years, Mayank has worked closely with alternative capital investors, providing strategic advice to debt funds providing financing in distressed situations, purchasers of non-performing loans and funds providing equity capital in large scale project financings. Mayank has spent significant time in the UK and Asia working on some of the largest transactions in the world, including the largest wind farm financing in the Ukraine to date, the largest bond issuance in Bangladesh and the largest non-performing loan acquisition in Eastern Europe at the time.