Contract Law Disputes 2020
What do the latest contract law cases say about the increasingly prevalent and important issues commonly being disputed right now? How should you bring or defend against a claim that a contract is unfair or unconscionable? When can you enforce or escape a contract that’s unsigned? How can you effectively and accurately determine a party’s damages & loss? What must you consider when contract termination is sought? Explore each of these critical issues and more through practical insights, examples & guidance.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Gregory Martin, Principal, Martin Bullock Lawyers
9.00am to 9.50am: Enforcing Unsigned Contracts: When is an Unsigned Contract Enforceable?
- Masters v Cameron: 4 standard situations and recent cases
- Enforcing Letters of Intent, Heads of Agreement and Memoranda of Understanding
- Conduct of parties is critical
- Authority of agents including lawyers to bind principals
- Relevance of part performance
- Special rules for deeds
- Some common situation and how to deal with them
Presented by Mark Holler, Barrister, Francis Burt Chambers
9.50am to 10.40am: Unfair Terms and Unconscionable Conduct: Statutory Intervention in Contract Law Disputes
- Introduction to statutory intervention and comparison with general law
- When a term will be regarded as ‘unfair’ under the ACL
- What is the ACCC’s enforcement approach?
- The factors that influence a determination of unconscionable conduct under the ACL
- The available remedies
Presented by Dr Stephen Lee, Barrister, 35 West Chambers
10.40am to 10.50am: Break
10.50am to 11.30am: Contract Law Case Update
Analyse key recent cases, their facts and the critical takeaways. Explore the most important recent commercial contract cases impacting issues such as:
- Hot topics, including force majeure and more
- Formation, terms and interpretation
- Enforcement and breaches
Presented by Dane Jones, Barrister, Alfred Lutwyche Chambers
11.30am to 12.20pm: A Guide to Contract Termination: Rights and Consequences
Terminating a contract is an extremely serious step that has significant consequences for both parties and actually poses serious risks to the terminating party. If done without good cause it can constitute repudiation and cause the tables to be turned. Understanding your termination rights and how to exercise at the right time and in an effective manner is critical to sound contract administration and getting the most from your bargain.
- What are the differences between express rights and general right?
- How do you give effective notice?
- What if the termination is not justified?
- Losing the right to terminate: the importance of election and delay
- What are the consequences of termination?
- Claiming damages after termination
- Some practical tips for effective exercise of termination rights
Presented by Tim Atkin, Partner, Maddocks
12.20pm to 1.10pm: Establishing a Breach and Assessing Contract Damages
- Classifying a breach and establishing a failure to perform
- Understanding and choosing the appropriate remedy: damages, contract debt, restitution, equity
- Assessing contract damages
- Expectation loss, reliance loss, restitution
- Measure of loss
- Combining claims
- Timeline for assessing damages
- Non-pecuniary loss
- Agreed damages clauses
- Recovery of liquidated sums
- Pleading, recovery and strategic considerations
- Practical issues and problems
Presented by Katja J Levy, Principal, Rossello Chambers and Richard Douglas, Barrister, Francis Burt Chambers
Presenters
Mark Holler
Mark Holler is a former Rothschild corporate advisor with over 30 years’ experience as a commercial litigator in superior courts. With a reputation for providing quick, accurate and practical advice, Mark is respected and sought-after for his wide-ranging experience in commercial litigation, arbitration, mediation, resources, property, trade practices, banking, corporate, directors, building, tax, insolvency and intellectual property.
Dr Stephen Lee
Stephen commenced practice at the Queensland Bar in 1995. Before that Stephen served as Associate to a Justice of the Supreme Court of Queensland, and worked for two major private law firms, Morris Fletcher & Cross in Brisbane, and Freehill Hollingdale & Page in Sydney. He also pursued postgraduate studies in law at Oxford and Columbia Law School. Stephen has a wealth of experience, with over two decades in practice as a barrister. He has appeared in a wide range of courts and tribunals including 18 matters in the High Court of Australia with a 100% success rate in special leave applications. Stephen has experience in many areas of the law, and his practice focuses primarily on commercial litigation, equity and public law.
Katja Levy
Katja Levy provides specialist and expert advice in relation to all commercial, corporate and operational matters, with a focus on restructuring and insolvency, and major and complex or difficult projects. She also has expertise in dispute resolution in banking, construction, cyber security, and information technology and services. Katja has a detailed understanding of best practices in governance and risk management as well as the current issues facing corporations and the role and responsibilities of company directors. With recent experience as an independent barrister, Katja's practice includes a broad range of work, including as counsel in complex trials and appeals.
Richard Douglas
Richard Douglas has been a Barrister at Francis Burt Chambers since 2006. He has been admitted as an attorney in the state of New York since 2000. Richard has been involved in significant litigation including: The Bell group; Sons of Gwalia; Burrup Fertilisers; Storm Financial; Fire Power, Anaconda; Rothwells; and The Insurance coverage dispute regarding the world trade centre in Manhattan following the events of 9/11. Richard is presently counsel assisting in Justice Calinan’s (formerly HCA) review of the Administrative Appeals Tribunal Amalgamation Act.
Tim Atkin
Tim specialises in commercial disputes work and acting for clients in legal proceedings. He has advised on disputes and acted in litigation involving contracts, Corporations Act and Takeovers Panel, Competition and Consumer Act, equity and trusts, regulatory investigations and criminal prosecutions, negligence, insolvency, insurance and bonds, misleading or deceptive and unconscionable conduct, competitive/antitrust and stamp duties. Tim regularly advises on corporate transactions and has particular expertise in connection with the law on misleading and deceptive conduct in the context of high value commercial transactions and the Australian Consumer Law.
Dane Jones
Dane holds two degrees from the University of Queensland - a Bachelor of Science in Human Movement Studies and a Juris Doctor. Dane's first legal role was as a judge's associate to Senior Judge Skoien of the Queensland District Court. After completing his associateship, Dane worked as a solicitor at Flower and Hart (now K&L Gates) in the corporate and commercial section. He next worked at McCullough Robertson in their corporate advisory team. Dane then spent four years working in a commercial role in Papua New Guinea, in the resources sector. Dane is currently a barrister at the Queensland Bar, having been admitted in 2014.
Gregory Martin
Greg Martin is the principal of the firm Martin Bullock Lawyers and a senior solicitor of 35 years’ experience. He has practiced in litigation for the whole of his career, including criminal law, personal injury, family law, wills and estates and extensive commercial litigation. Greg lectures in law at Western Sydney University, lecturing in Contracts, Advanced Torts, Alternative Dispute Resolution and Criminal Law. Greg is passionate about legal education, mentoring and coaching younger lawyers and law students, and approaching legal problems from outside the square to present cost effective and timely solutions for his clients.