“Disclaimers and exclusion clauses in action – a refresher on the essential principles and a cautionary tale from the recent case of Ripani v Century Legend [2022] FCA 242”

Disclaimers and exclusion clauses are a vital part of contractual risk allocation.

The Federal Court in Ripani v Century Legend [2022] FCA 242 recently held broadly expressed disclaimers and exclusion clauses in a contract of sale ineffective and an artist’s impression in marketing materials misleading and deceptive.

Ripani is an important cautionary tale for lawyers, architects, developers, consultants and lenders.  It raised a number of issues of general interest and including:

• the actionable potential of marketing materials;
• the ineffectiveness of a disclaimer and exclusion clause; and
• the significance of evidentiary matters including contemporaneous records.

This presentation will revisit the state of the authorities to identify the key issues in contract risk allocation and examine the ACL challenges presented by decisions like Ripani.

The event will formally commence at 6pm AEDT and there will also be time at the end of the event for attendees to ask questions. 

The event will also be followed by drinks and light snacks and will provide attendees with an opportunity to network with fellow attendees who have an interest in the construction industry and construction law. 

Martin Scott KC  

Martin Scott KC specialises in large project disputes in shipping and transport, civil engineering and energy infrastructure.  He has practiced as an advocate for 30 years.

He is listed in Best Lawyers for International Arbitration, Shipping and Maritime Law, Doyle’s Guide as a leading arbitration, construction and transport barrister well as a Chambers’ and Who’s Who Legal.  He is also a panel arbitrator in South China and Singapore.

Martin was the founding Chair of the Victorian Bar’s International Arbitration Committee, a Board Member Melbourne Commercial Arbitration and Mediation Centre (MC AM AEDTC) and the Australian Center for International Commercial Arbitration (ACICA) and a delegate for Australia to the ICC Commission on Arbitration and ADR.  He is presently on the Board of the Australian branch of the Chartered Institute of Arbitrators and a CIArb fellow.

Click here to attend in person.

Click here to register for online attendance.

The event will be hosted by Piper Alderman at their Melbourne offices.