Contract Law Conference
Gain the information, strategies & tools needed to navigate the many legal & commercial realities that have been pushed to the limits over the past 2 pandemic years. Obtain in-depth guidance on the latest in preliminary agreements, ethics, negotiation, online contracting & IP clauses. Gain effective techniques when dealing with unfair contracts, risk allocation, insurance & indemnities, and dispute resolution. Develop innovative strategies to meet your legal & commercial contracting goals in 2022. WEB223Q03
Description
Attend and earn 7 CPD units including:
6 units in Legal Knowledge
1 unit in Practical Legal Ethics
This program is applicable to practitioners from all States & Territories
Session 1
Drafting & Negotiation Strategies and Key Contract Terms
Chair: Dr Adrian McCullagh, Principal, ODMOB Lawyers; Deputy Chair, Privacy and Data Law Committee, Queensland Law Society; Member, Digital Commerce Committee, Law Council of Australia; Member, Blockchain Technical Committee, Standards Australia
9.00am to 9.45am Starting on the Right Foot: Expertly Drafting Preliminary Agreements
- Strategies for when and why to enter into preliminary agreements
- When: partially concluded transactions; many industries/sectors
- Why: time pressures; risk management; business planning
- What are the risks and when should preliminary agreements be avoided?
- Different types of preliminary agreements: key features, risks & case studies for each
- Drafting guide: checklist of tips to elevate your preliminary agreement drafting
Presented by David Pearce, Partner; Best Lawyers 2022, Construction/Infrastructure Law & Project Finance and Development Practice; and Allie Flack, Senior Associate, MinterEllison
Practical Legal Ethics
9.45am to 10.45am Contract Negotiation, Management & Practical Legal Ethics
- Practical ethical considerations in contract drafting, tendering and negotiation
- Interface of legal ethics and contracting parties' obligations
- Communications with other parties and issues with sophisticated clients
- Issues in operational phases
- Legal ethics in contractual disputes
- Consideration for cross-jurisdictional projects
Presented by Colin Harris, Partner, HWL Ebsworth
10.45am to 11.00am Morning Tea
11.00am to 11.45am 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
11.45am to 12.30pm IP Clauses in Contracts: Getting it Right and How it can go Wrong
- Common mistakes in IP clauses in commercial contracts
- Rules of ownership
- Navigating joint ownership of IP
- Assignment of IP
- Express or implied licence of IP
- Enforcement concerns
- Liability considerations
- Confidentiality vs privacy
Presented by Dr Dimitrios Eliades, Barrister, The Room; Co-author, Introduction to Intellectual Property 1st Edition; Intellectual Property Principles and Practice; and Nutshell: Intellectual Property 4th Ed; Author, Copyright and Designs Bulletin and Patents, Trade Marks & Related Rights Bulletin; Recommended Intellectual Property & TMT Junior Counsel, Doyle’s Guide 2020
12.30pm to 1.15pm Essential Contracts & Contract Terms for e-Commerce & Online Business Ventures
- Internet and e-commerce: critical law, business and policy issues
- E-contracts: checklist of key contracts and contract terms to have in place for any online business ventures
- Business terms and conditions (customer-facing agreements)
- Signatures and authentication
- Privacy policies, confidentiality considerations & website terms of use
- Liability issues
- Online dispute resolution
Presented by Dr Anne Fitzgerald, Barrister, QLD Bar; Co-author, Internet and E-Commerce Law, Business and Policy; Introduction to Intellectual Property 1st Edition; Intellectual Property Principles and Practice; and Nutshell: Intellectual Property 4th Edition, Thomson Reuters; Member, Future & Technologies Committee, Bar Association of QLD
Session 2
Contract Law Reform and Risk Clauses
Chair: Petrina Macpherson, Special Counsel, MinterEllison
2.00pm to 2.45pm Contract Law Recent Case Update
Gain a wrap up analysis of key cases in the last 12 months that will impact your clients and your practice.
- Key hotspots and emerging trends
- Recent and upcoming decisions to have on your radar
- Lessons learned: minimising the risk of disputes & prevailing when a dispute does arise
Presented by Robert Quirk, Barrister, Bay Street and Higgins Chambers
2.45pm to 3.30pm Unfair Contracts Alert: Recent & Upcoming Reforms & the Latest Cases
- Understanding the genesis of unfair contracts legislation and the impact of its basis in unconscionability & other underlying legal principles
- Overview of the legal development of unfair contracts law and where it currently stands
- Key takeaways and updates of the latest legislative reforms
- Practical analysis and implications of the latest unfair contract cases
Presented by Sally Armitage, Barrister, Inns of Court; Recommended Construction & Infrastructure Junior Counsel, Doyle’s Guide 2021
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Untangling the Interplay of Contractual Warranties, Insurance, Indemnities & Limitation of Liability
- Strategies & drafting tips to utilise each of these tools to minimise risks
- Insurance: navigating insurance obligations in contracts
- Indemnities: utilising the different types of indemnities in contracts & their benefits and limitations
- Limiting liability: an examination of limitation of liabilities
- Examples and lessons from the case law
Presented by Dane Jones, Barrister, Alfred Lutwyche Chambers
4.30pm to 5.15pm Contract Disputes and Dispute Resolution Clauses
- Selecting the appropriate dispute resolution method
- Drafting an effective dispute resolution clause
- Should you always have one?
- Should dispute resolution be mandatory?
- The effect and enforceability of dispute resolution clauses
- Example clauses & strategies for your contracts
- How can you challenge a dispute resolution clause?
- Common errors & weaknesses to attack
Presented by Brett Heath, In-house Advocate, Carter Newell Lawyers; Best Lawyers 2022, Alternative Dispute Resolution & Insurance Law