Contract Law Conference
This timely program offers the information, strategies & tools needed to navigate the many legal and commercial realities that have been pushed to the limits over the past 2 pandemic years. Obtain in-depth guidance on the latest in unfair contracts, cross-jurisdictional deals, risk allocation, termination & damages. Gain effective techniques when dealing with contractual interpretation & implied duties. Finally, develop innovative drafting strategies to meet your legal & commercial contracting goals. 223N17
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
The Top Legal & Commercial Contract Law Issues in 2022
Chair: David Mackay, Barrister, PG Hely Chambers
9.00am to 10.00am Unfair Contracts: Navigating the Latest Reforms, Cases & Developments
- Recap on legislative creation and expansion of unfair contract law
- Judicial consideration: case evolution and application expansion
- Latest developments and possible impact
- Identifying unfair contract terms: examples from recent caselaw
- Where to from here?
- Drafting strategies to avoid unfair contract terms
- Dealing with existing contracts that may contain unfair contract terms
Presented by Adrian Lawrence, Partner & Head of Asia Pacific Technology, Media & Telecommunications Group and Caitlin Whale, Special Counsel, Baker McKenzie
10.00am to 11.00am Cross-Jurisdictional Contracts
- Jurisdiction
- Establishing jurisdiction: over the parties & over the subject matter
- Restraining proceedings: interstate & international cases
- Governing law
- Proper law of the contract: subjective & objective proper law
- Enforcement of judgments
- Australian recognition of foreign judgments
- Foreign recognition of Australian judgments
- Common law
- Registration of judgments: interstate & international
Presented by Jennifer K Mee, Barrister, 6 St James Hall Chambers; Best Lawyers 2022, Energy Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Managing Risk: Insurance, Indemnities, Warranties, & Limitation of Liability
An analysis of risk management strategies and contractual mechanisms, with a specific focus on:
- Insurance: insurance obligations in contracts and the relationship between upstream and downstream obligations
- Indemnities: the key differences between common law and contractual indemnities and under statute
- Indemnities: the benefits and limitations of a contractual indemnity
- Limitation of liability: an examination of limitation of liabilities
Presented by Emma White, Senior Associate and Bronte Lambourne, Senior Associate, King & Wood Mallesons
12.15pm to 1.15pm Breach of Contract: Strategies on Terminating and/or Claiming Damages
- Detailed guide to the implications and effects of breach
- Analysis and strategy regarding when to seek termination, damages or both
- Termination
- The ins and outs of termination rights
- Balancing commercial and legal considerations
- Damages
- When and how to seek damages
- Tips for maximizing your chances of recovery
Presented by Timothy Atkin, Partner, Maddocks
Session 2
Contract Law Toolkit to Minimise Risk: Interpretation, Duties & Drafting
Chair: Josephine Brook, Special Counsel, K&L Gates
2.00pm to 3.00pm Contractual Interpretation in 2022 & Beyond
- Current approach of the High Court
- Ambiguity
- Inconsistency
- Correction of mistakes by construction
- Contractual maxims: the modern approach
- Interpretation of specific types of contract
- The future of contractual interpretation
Presented by Alex Ottaway, Special Counsel, HWL Ebsworth
3.00pm to 4.00pm The Implied Duty of Co-Operation in Practice
- What is the implied duty of co-operation?
- Different formulations of the duty by the courts
- When does the implied duty of co-operation apply?
- Inconsistency with express terms
- Acts necessary to secure fundamental promises
- The requirement of reasonableness
- What does a duty of co-operation mean in practice?
- Case studies highlighting the importance of the implied duty of co-operation
Presented by Luke Buchanan, Solicitor Director; Best Lawyers 2022, Litigation & Class Action Litigation, and Simone Rees, Solicitor Director, Buchanan Rees Dispute Lawyers
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Innovative Contract Drafting Strategies to Minimise Risk: Designing vs Writing a Contract
Contracts with page after page of nothing but traditional clauses and legalistic text often fail to achieve significant commercial purposes and can lead to costly interpretation disputes. Forward thinking companies are at the forefront of a trend toward innovative contract drafting strategies that can make your contracts clearer & more effective while minimising risk & disputes.
- Work through examples of innovative contract drafting tools, including the strengths and weaknesses of each, when and how to use them, and real world examples of their use and effectiveness, including:
- Table of Contents, Headings, and Frequently Asked Questions
- Conversational Style
- Worked Examples
- Tables, Timelines, and Flowcharts
- Journey Maps and Checklists
- Comic Contracts
- Companion Icons and Annotations
- Visualisations: Diagrams, Pictures, and Photographs
Presented by Steven Brown, Chairman, Etienne Lawyers; Accredited Specialist in Business Law
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km