Contract Law Conference: Minimising Risks & Disputes
213Q02: Ensure your contract drafting strategies are modern, effective & unassailable. Survey the latest contract interpretation methods & consider the duty to negotiate in good faith. Perfect your protections against default & insolvency. Get up to date on the latest in technology & contracts. In the afternoon, examine how to allocate risk through indemnity, exclusion and insurance clauses. Explore the latest contract termination strategies. Gain strategies for dealing with contract damages.
Description
Attend and earn 7 CPD units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Session 1
Contract Drafting, Protections & Updates
Chair: Darlene Skennar QC, Chancery Barristers + Mediators
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am The 5 Contract Drafting Issues You Need to get Right in Today’s Environment
Examine 5 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
- Penalties
- Exclusivity provisions
- Electronic execution
Presented by Brett Heath, In-House Advocate, Carter Newell Lawyers
9.50am to 10.35am Contract Law Formation and Interpretation: Recent Cases
Analyse key recent cases, their facts and the critical takeaways related to contract formation and interpretation.
- What are the latest cases all about?
- What are the complications in each?
- Common issues of credibility, reliability, language and intentions
- Key takeaways
Presented by Dane Jones, Barrister, Alfred Lutwyche Chambers
10.35am to 10.50am Morning Tea
10.50am to 11.35am Contractual Protections Against Default and Insolvency
- Strategies to address default risk while improving recoverability
- Dealing with insolvent counterparties
- Ipso facto clauses
- Disclaimer and related risks
- Enforceability
- Considering what compensation is payable and what loss is recoverable
- PPSA implications and what to watch out for
- Example clauses: when drafting goes wrong leading to litigation and the lessons for contract drafters
Presented by Michael de Waard, Barrister, Murray Gleeson Chambers
11.35am to 12.20pm Good Faith in Commercial Contracts: Implications, Obligations & Strategies
- Source of the obligation of good faith
- Implication by law
- Contractual construction
- Policy issues
- Intersection with equity
- Implications for freedom to contract
- Contested content of the duty
- Obligations of the parties
Presented by Mark Williams, Barrister, Level 18 Chambers; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2020
12.20pm to 1.05pm Blockchain and Smart Contracts: What Lawyers Need to Know
- 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
- A review of other emerging issues in this space
Presented by Dr Adrian McCullagh, ODMOB Lawyers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Contract Disputes, Risk, Termination & Damages
Chair: Lindsey Alford, Barrister, Sir Harry Gibbs Chambers
2.00pm to 3.00pm Allocating Risk: Indemnity & Exclusion Clauses and Insurance
- Contractual devices to avoid or minimise liability
- Indemnities, insurance, exclusion clauses, guarantees, & limits of liability
- Perfecting your indemnity clauses
- Types of indemnities and how to effectively use them
- Drafting an effective exclusion clause
- Interaction between insurance and indemnities / exclusions
- A guide to key clauses and considerations in your insurance provisions
- Limitation of liability provisions and carve outs: what works
- Unforeseen consequences of exclusions and limits
- Analysis of instructive cases and what happens when risk allocation goes wrong
Presented by Colin Harris, Partner and Hannah Riall, Associate, HWL Ebsworth
3.00pm to 4.00pm A Guide to Contract Termination: Rights and Consequences
- 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 Sally Armitage, Barrister, Level 17 Inns of Court; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2020
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm What’s the Damage?
Gain in-depth analysis of the different methods applied to measure damages in commercial transactions including:
- Damages for breach of contract
- Lost opportunity damages
- Damages under the Australian Consumer Law
Presented by Karyn Reardon, Partner, HWL Ebsworth; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00
Presenters
Darlene Skennar QC, Chancery Barristers + Mediators
Darlene Skennar has a Bachelor of Laws (Hons) (QIT) and a Master of Laws (QUT). Darlene was the associate to Justice Moynihan of the Supreme Court. Darlene was a part-time tutor at the Queensland University of Technology for a number of years. Darlene has been in full time practice as a barrister since 1989. Darlene has a wide commercial and property experience for varied clients, from individuals to multi-nationals. Darlene is a former member of the Pharmacists Board of Queensland. Darlene is presently a member of the Surveyors Board of Queensland.
Brett Heath, In-House Advocate, Carter Newell Lawyers
Brett Heath is an inhouse advocate at Carter Newell Lawyers and has specialised in commercial and insurance litigation since 1988. Having worked inhouse for a specialist professional liability insurer, and completed the Bar Practice Course, Brett now conducts professional liability, large-scale public liability, director’s and officers’ liability, construction and employment litigation. As Carter Newell’s inhouse advocate, Brett appears in all courts and tribunals for the firm’s clients. Brett is a regular speaker on continuing professional development issues, particularly with respect to risk prevention for professionals, developments in insurance and real estate law, commercial drafting techniques and mediation and litigation strategies.
Dane Jones, Barrister, Alfred Lutwyche Chambers
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.
Michael de Waard, Barrister, Murray Gleeson Chambers
Michael de Waard is a commercial barrister from Murray Gleeson Chambers in Brisbane. His practice focuses on the following areas: banking, bankruptcy and insolvency; commercial; property; contract; torts; administrative; equity; building and construction; and appellate. Michael has been practicing at the private Bar for over five years. He regularly appears led and unled in the Supreme Court of Queensland, the Federal Court of Australia and the Court of Appeal. He also appears interstate. Before being called to the Bar, Michael practiced as a commercial litigator in a top-tier firm and was an associate in the Federal Court of Australia.
Mark Williams, Barrister, Level 18 Chambers
Mark Williams is a barrister at the Queensland Bar and has been so since 1995. Prior to then he was a solicitor, and later Senior Associate, with Minter Ellison; in their Construction & Engineering Major Projects section. Prior to his call to the Bar Mark was admitted as a solicitor in 1990. He has, over the twenty-eight years of his post admission career, practised extensively in commercial litigation; with a heavy emphasis on building and construction, not only in Queensland, but in the Northern Territory and New South Wales as well.
Dr Adrian McCullagh, ODMOB Lawyers
Adrian has degrees in Computer Science and Law as well as a Ph.D. in IT Security. He obtained his Ph.D. from the Information Security Research Centre at the Queensland University of Technology. He has been practicing in IT law for more than 30 years being one of the pioneer IT lawyers within Australia. He is a member of the Queensland Law Society and a member of the American Bar Association and participate in the Information
Lindsey Alford, Barrister, Sir Harry Gibbs Chambers
Lindsey Alford was admitted to the Bar of the Supreme Court of Queensland on 28 April 2003. In the ensuing 16 years, Lindsey's practice has focused on matters relating to land, property, and commerce: government tendering, ethics, planning and environment, building disputes, contractors security of payments, contract law (purchase, construction, commercial and retail leases) land title and valuation, corporations law, and body corporates. In the appellate jurisdictions Lindsey has appeared before the Court of Appeal of the Supreme Court, Supreme Court, District Court, and the Queensland Commercial and Administrative Tribunal (QCAT).
Colin Harris, Partner and Hannah Riall, Associate, HWL Ebsworth
Colin Harris has 14 years of experience in front-end and back-end construction for HWL Ebsworth's Construction and Infrastructure group. Colin holds a Masters of Construction Law and his experience encompasses contract drafting and negotiation, project management, contract administration, litigation and other forms of dispute resolution. He has prepared the construction contracts and associated tender and project agreements for many of the high rise projects across the Brisbane skyline, together with agreements for commercial, industrial and infrastructure projects. He has prepared and defended complex payment claims made under Security of Payment legislation in several States and in litigation arising from adjudications.
Sally Armitage, Barrister, Level 17 Inns of Court
Sally Armitage was called to the Bar in 1994. Since 2004, the primary focus of her practice has been on building/construction, infrastructure, mining, professional negligence and commercial matters in a variety of jurisdictions, mediation and dispute resolution processes such as arbitration and expert determination. From October 2006 to October 2008, Sally was appointed as a Sessional Member of the Commercial and Consumer Tribunal (Qld). During that time, she presided over numerous matters in the building and construction division. Sally was named in the Doyle’s Construction & Infrastructure Queensland Barristers List as leading junior counsel in 2012 and recommended junior counsel from 2014 to 2019.
Karyn Reardon, Partner, HWL Ebsworth
Karyn Reardon has specialised in the resolution of large construction and engineering disputes since 1995. She has successfully facilitated the commercial resolution of a wide range of disputes using a variety of processes (including traditional court processes, arbitration, adjudication, mediation and others). As well as drafting and reviewing project documentation, Karyn regularly advises members of the construction and engineering industries on how legislative and other changes will affect their business. She has first-hand experience in the construction industry, having worked for one of Australasia’s largest rural construction companies. Karyn regularly delivers papers to construction industry bodies and at alternative dispute resolution forums.