Contract Disputes, Termination & Damages
213W06: Fine tune your strategies regarding drafting dispute resolution clauses and navigating the disputes process. Build your knowledge and refine your approach to dealing with the increasingly crucial issue of contract termination. Perfect your tactics when a breach arises so that you’re fully across how a breach can be established and precisely how contract damages can be assessed.
Description
Attend and earn 2 CPD points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Keith Thomas, Partner, HWL Ebsworth Lawyers; Recommended Professional Indemnity Lawyer, Doyle’s Guide 2020
2.15pm to 3.35pm Dispute Resolution Clauses: How to Draft & How to Avoid
- The current approach of the courts to enforcement of dispute resolution clauses
- A how-to guide to drafting a watertight dispute resolution clause
- When do you need or not need a dispute resolution clause?
- Choosing the right dispute resolution method: arbitration vs expert determination vs ADR vs litigation
- Is a staged dispute resolution procedure appropriate?
- Should the dispute resolution procedure be mandatory?
- Example clauses & strategies to include in your contracts
- Avoiding a dispute resolution clause
- Common errors to attack and weaknesses to exploit
Presented by Simon Davis, Barrister, Francis Burt Chambers; Recommended Commercial Litigation & Dispute Resolution and Construction Law Junior Counsel, Doyle’s Guide 2020
3.35pm to 3.50pm Afternoon Tea
3.50pm to 5.00pm 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 Natalie Wigg, Director of Legal Operations – APAC, TechnipFMC
Prepared by Katja J Levy, Principal, Rossello Chambers and Richard Douglas, Barrister, Francis Burt Chambers
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
Keith Thomas
Keith Thomas is a Partner in the Perth office of HWL Ebsworth specialising in Insurance Law and Litigation. Keith has advised clients on a wide range of complex insurance issues in over 30 years of practice in Australia and the UK. In that period, he has acted on many matters involving alleged misrepresentation and non-disclosure in the insurance context, including with regard to life, TPD and income protection claims. As an experienced litigator and negotiator in all forums, he is well-placed to provide pro-active advice to clients in resolving contentious issues arising out of non-disclosure and misrepresentation.
Simon Davis
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth.