Contract Law Forum 2021: Minimising Risk
213W05: Ensure your strategies and skills when facing some of the most important contract law issues in 2021 are effective & unassailable. Survey the latest approaches for dealing with unsigned contracts. Consider critical legal issues and obligations tied to the latest in technology and contracts. Avoid risk by bolstering your knowledge and tactics related to good faith in contracts. Finally, perfect your protections in your contracts against default & insolvency.
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Nicholas Dillon, Barrister, Francis Burt Chambers
9.00am to 10.00am 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 situations and how to deal with them
Presented by Mark Holler, Barrister, Francis Burt Chambers
10.00am to 11.00am Good Faith: What Is It and Why Do I Care?
- Good faith and conscience
- Good faith as an implied term: by law or in fact
- Statutory obligations of good faith
- So what? What happens if I don’t act in good faith?
Presented by Paul D Evans, Partner, Quinn Emanuel Urquhart & Sullivan; Preeminent Commercial Litigation & Dispute Resolution Lawyer, Doyle’s Guide 2020
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Contractual Protections Against Default and Insolvency Risk
- Minimising default risk while improving recoverability
- Key considerations: cure, default and termination
- The ipso facto regime and what to be aware of
- Example clauses: when drafting goes wrong leading to litigation and the lessons for contract drafters
Presented by Rebecca Collins, Barrister, Quayside Chambers
12.15pm to 1.15pm Contracts and Technology: Legal Issues & Obligations
- Legal issues arising from the use of new technology in contracts
- Analysis of how technology interacts with key obligations owed by lawyers to their clients
- An overview of smart contracts and blockchain and an update on these tools in the marketplace
- Data, cyber liability and risk issues
- A review of other emerging issues in this space
Presented by Lawrence Lee, Partner, Lavan
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.
Presenters
Nicholas Dillon
Nicholas Dillon is now a practising Barrister at the Perth Bar. He includes in his practice intellectual property disputes including the fields of patents, copyright, passing off and breach of confidentiality. He is presently briefed in major Supreme Court proceedings in respect of alleged breaches of copyright in the text of scientific processing methodologies and, further, to oversee what will be substantial proceedings against a billion dollar US patent aggregator. Nicholas was formally a Partner in Corrs Chamber Westgarth's dispute resolution division.
Mark Holler
Mark Holler is an effective trial and appellate advocate with more than 25 years litigation experience. Mark is at the independent bar working from Francis Burt Chambers. He practices mainly in the Supreme Court and the Federal Court. He has worked in Perth as a lawyer and in Sydney as a merchant banker and corporate adviser. Particular areas of interest are strategic advice and persuasive advocacy at trial and appellate level in corporate and commercial matters.
Paul D Evans
Paul Evans is a Partner at Makinson d'Apice and has over 20 years' experience in the area of Private Clients. He is an Accredited Specialist in Wills and Estates Law (and is a member of the Specialist Accreditation Wills and Advisory Committee) and is a member of the Society of Trust and Estate Practitioners. Paul is a regular speaker on Wills and Estate Law at Estate Planning, Estate Administration and Superannuation seminars providing continuing legal education for solicitors and other professionals. Paul qualified as a Solicitor in England in 1992 and in NSW in 1994 and has degrees in Arts and Law from the University of Sydney.
Rebecca Collins
Rebecca Collins is a barrister who practises in commercial matters, particularly in the areas of construction, resources, financial services and insolvency. Rebecca began her career at Mallesons in Perth. She has also practised as an attorney at law in the Cayman Islands where she acted on a number of multi-jurisdictional disputes. Immediately before the bar, she was a senior associate at Allens. She has a Bachelor of Arts and Bachelor of Laws, both with First Class Honours, and a PhD in philosophy from UWA.
Lawrence Lee
Lawrence has extensive experience in project disputes involving long term , energy and resources contracts, joint venture and farmin agreements, EPC , contracts, offtake agreements, and royalty and land access agreements. , Lawrence's practice is focussed on large and complex litigation and , arbitration, energy & resources disputes, project disputes including , construction disputes and restructuring and insolvency matters. He is also , highly experienced in scheme of arrangement court work in Perth. , Lawrence also has significant experience in financial services disputes and , in restructuring and special situation matters.