Minimising Contract Risk: Drafting, Disputes & Damages
Master how to draft the crucial clauses you need in your contracts right now to deal with the latest risks, including insights into force majeure, suspension & termination, warranties, electronic signatures, exclusivity & more. Hone your risk allocation with watertight insurance, indemnity & exclusion clauses. Review how to maximise contract damages or defend against a contract claim. And finally, perfect your dispute resolution clauses or consider how to avoid them when a dispute arises.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
Session 1
Tuesday, 14 July 2020
Master how to draft the crucial clauses you need in your contracts right now to deal with the latest risks facing lawyers & their clients in the current environment. Perfect your drafting strategies to deal with force majeure, suspension & termination, warranties, electronic signatures, exclusivity & more.
Chair: Suzy Madar, Partner, King & Wood Mallesons
11.00am to 12.00pm: The Six Contract Drafting Issues You Need to get Right in Today’s Environment
Examine six of the most important contract drafting issues that are dramatically impacting commercial contracts right now. Explore each issue, the hazards involved, and the drafting strategies you need to minimise risk.
- Suspension rights
- Force majeure clauses
- Termination at will
- Warranties & liquidated damages
- Exclusivity provisions
- Electronic signatures
Presented by Brett Heath, In-House Advocate, Carter Newell Lawyers
Register here for Session 1 only
Session 2
Tuesday, 28 July 2020
Hone your risk allocation with watertight insurance, indemnity & exclusion clauses. Master when and how to use these risk allocation strategies to reduce risk and provide maximum protection for your organisation or clients.
Chair: Alyson Eather, Partner, DLA Piper
10.00am to 11.00am: Allocating Risk in Risky Times: Indemnity, Insurance & Exclusion Clauses
- Contractual devices to avoid or minimise liability
- Indemnities, insurance, exclusion clauses, guarantees, & financial caps
- Perfecting your indemnity clauses
- Types of indemnities and how to effectively use them
- A guide to key clauses and considerations in your insurance provisions
- Critical points to know about the different types of insurance policies
- Interaction between insurance and indemnities
- Step by step guide to managing risk in commercial contracts
- Insurance coverage; negotiations; knowing your limits; gaps & exclusions
- Analysis of instructive cases, the specific clauses in each, and what happens when risk allocation goes wrong
Presented by Ray Giblett, Partner; Best Lawyers 2013-2019, Insurance Law, Alternative Dispute Resolution and Litigation and Timothy Chan, ANZIIF (Aff) CIP, Associate, Norton Rose Fulbright
Register here for Session 2 only
Session 3
Tuesday, 11 August 2020
Review how to maximise contract damages or defend against a contract claim. Explore how contractual damages are assessed, how tort and consumer law plays into the equation, and how to navigate expectation and reliance damages, loss of change or opportunity, and loss of bargain damages. Build practical strategies to address causation, remoteness, mitigation, liquidated damages and more.
Chair: Mark Addison, Consulting Principal, Keypoint Law
2.00pm to 3.00pm: Damages for Breach of Contract: How to Successfully Recover Damages or Defend a Claim
- Triggering the right to damages in contract
- A guide to how contractual damages are assessed
- Differences between damages in contract, in tort and under the Australian Consumer Law
- Categories of recoverable loss and strategies for approaching each
- Expectation damages and reliance damages: A useful distinction?
- Loss of chance or opportunity: What must be proven?
- Loss of bargain damages: traps for the unwary
- Significance of time of assessment in changing market conditions
- causation, remoteness and mitigation
- Liquidated damages
- Case law examples
Presented by Jennifer Mee, Barrister, 6 St James Hall Chambers
Register here for Session 3 only
Session 4
Tuesday, 25 August 2020
Perfect your dispute resolution clauses or consider how to avoid them when a dispute arises. Work through a practical, real world case study. Gain a step by step guide to drafting dispute resolution clauses while examining the different methods, how to implement dispute resolution processes in the real world, and more. Analyse example clauses and strategies to improve your contracts.
Chair: Peter Yeldham, Partner, King & Wood Mallesons
2.00pm to 3.00pm: Dispute Resolution Clauses: How to Draft & How to Avoid
- Case study: Inghams Enterprises Pty Limited v Hannigan and the current approach of the courts to enforcement of dispute resolution clauses
- A how guide to drafting a watertight dispute resolution clause
- When do you need or not need a dispute resolution clause?
- Should the dispute resolution be mandatory?
- Roadmap to choosing the right dispute resolution method: Arbitration vs expert determination vs ADR vs litigation
- Can your dispute resolution clause be practically implemented?
- Example clauses & strategies to include in your contracts
- Avoiding a dispute resolution clause
- Common errors to attack and weaknesses to exploit
Presented by David Jury, Partner and Jessica Srour, Solicitor, HWL Ebsworth Lawyers