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 guidance on the latest cases, the new unfair contract reforms, renegotiating & terminating contracts, and preliminary agreements. Gain effective techniques when dealing with implied terms, indemnity & liability exclusion clauses, damages, and breaches. Develop strategies to meet your legal & commercial contracting goals in 2022. 223V17
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
The Top Legal & Commercial Contract Law Issues in 2022
Chair: William Khong, Partner, Holding Redlich
9.00am to 10.00am Is there a Binding Contract? Avoiding Risks with MOUs, Heads of Agreement, Informal and Preliminary Agreements
- What are we talking about here? Types of preliminary agreements
- Why use preliminary agreements?
- Some of the practical, commercial and legal benefits of using a preliminary agreement
- Securing a moral commitment; confidentiality; locking in an agreement while others issues are still being negotiated; encouragement to finalise a deal
- Keeping your client’s intentions in mind while not overlooking the commerciality of the situation
- In what circumstances do problems arise with preliminary agreements?
- Red flags to watch out for
- Tips for minimising risk
- Binding contract – or agreement to agree – putting it into practice: the test to determine whether a preliminary agreement is binding
- Masters v Cameron: What is the test?
- Factors to consider: intention to be bound, completeness and certainty, subject matter, extrinsic material
- How should you analyse these factors?
- Points to consider when drafting a preliminary agreement
- Including critical terms, time-frame for completion, parties’ intention to be bound (or otherwise), representations creating expectations or encouraging reliance
- Seeking to effectuate client’s intention
Presented by John K Arthur, Barrister, Svenson Barristers; Co-author, Civil Procedure Victoria and Australian Uniform Evidence Law: Principles and Context, LexisNexis
10.00am to 11.00am Unfair Contracts: Navigating the Latest Reforms, Cases & Developments
- Recap on legislative creation and expansion
- Judicial consideration: case evolution and application expansion
- Latest developments and possible impact
- Where to from here?
Presented by Alicia Hill, Principal, MST Lawyers; Accredited Specialist in Commercial Litigation; Best Lawyers 2022, Litigation
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Drafting to Get Out of or Renegotiate a Contract Outside of Termination
- How to deal with a contract that does not reflect the agreement reached
- Seeking rectification
- What if rectification is not possible?
- How to deal with variation
Presented by Mary Nemeth, Managing Director & Principal, Indigo Associates
12.15pm to 1.15pm Case Update: The Latest from the Courts
- Key hotspots and emerging trends
- The evolution of the interpretation principles
- Recent and upcoming decisions to have on your radar
- Lessons learned: minimising the risk of contractual disputes
Presented by Scott Cromb, Barrister, Foley’s List
Session 2
Contract Tools to Minimise Risk: Terms, Indemnities & Damages
Chair: Monique Carroll, Director and Principal Lawyer, Cite Legal
2.00pm to 3.00pm Indemnities, Liability Exclusion Clauses and ‘Carve Outs’
- Indemnities: advantages and evils
- Statutory limits on indemnities: proportionate liability and unfair contract terms
- Interplay between contractual indemnities and insurance
- Liability exclusion clauses
- Insurance ‘carve out’ of liability exclusion clauses: what works and what doesn’t
Presented by Brian Rom, Special Counsel, HWL Ebsworth
3.00pm to 4.00pm Implied Terms: How do They Arise and How do You Prove Them?
- Categories of implied terms in fact and law
- Duty of co-operation and reasonableness
- Is there a universal contractual duty of good faith?
- Exclusion of implied terms
- Update on the recent cases
Presented by David Carlile, Barrister, Lennon’s List
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Damages and Termination Rights for Breach of Contract
- When does a contractual breach justify termination?
- What losses can be recovered as damages for breach of contract?
- Limitation of actions issues in breach of contract
- Rectification of contract
Presented by Georgina Costello KC, List G Barristers
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court