Contract Drafting & Key Terms
Gain the information, strategies & tools needed to navigate the legal and commercial realities of contracting in today’s environment. Obtain a detailed checklist on how to review a contract to minimise, allocate, & manage risk. Hone your negotiation and drafting skills while earning your ethics CPD point for the year. Get up to date on unfair contract law reform & the best strategies to deal with potentially unfair terms. Sharpen your skillset when dealing with IP issues in contracts. 223W11
Description
Attend and earn 4 CPD points including:
1 point in Competency Area 3: Ethics & Professional Responsibility
3 points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Carolyn Moss, Barrister, Francis Burt Chambers
9.00am to 10.00am Checklist for Reviewing & Drafting Contracts to Minimise Risk
Gain a detailed, step-by-step guide to effectively reviewing a contract for risk allocation, mechanical drafting & procedure considerations, and structure.
- Risk allocation and management
- Understanding the purpose of a clause, enforceability, & drafting issues & considerations
- Risk management: getting the balance right between protecting your client’s interests & appropriate risk allocation
- Strategies & tools for offsetting contractual risk
- Key risk management clauses: warranties, representations, indemnities, limitation of liability, termination
- Critical contractual mechanisms & procedures
- Contract structure
- Clarity on the documents constituting the contract, effective assembly & completion, and reviewing the contract to ensure consistency & coherence
Presented by Alyson Eather, Partner, DLA Piper
Competency Area 3: Ethics & Professional Responsibility
10.00am to 11.00am Negotiating & Drafting Contracts: Strategy, Bargaining Power, & Ethical Duties
- Identifying when ethical duties may impact parties negotiating a contract or parties already in a contractual relationship
- The relevant conduct rules to keep in mind
- What if a client wants to do something illegal or in a grey area?
- Misleading and deceptive conduct considerations: by the practitioner and by the client
- Unconscionable conduct in contract negotiations
- Tips for negotiating & drafting contracts to maintain effective strategy while avoiding crossing the line
Presented by Simon Davis, Barrister, Francis Burt Chambers; Best Lawyers 2022, Litigation & International Arbitration; Recommended Commercial Litigation & Dispute Resolution and Construction Law Junior Counsel, Doyle’s Guide 2021
11.00am to 11.15am Morning Tea
11.15am to 12.15pm UNFAIR CONTRACT LAW REFORM: Unfair Contract Terms: Navigating the Latest Reforms, Cases & Developments
- Recap on legislative creation and developments regarding unfair contract terms
- Judicial consideration: development of case law
- Latest developments and possible impact
- Identifying unfair contract terms: examples from recent case law
- Where to from here?
- Drafting strategies to avoid unfair contract terms
- Dealing with existing contracts that may contain unfair contract terms
Presented by Martin Koshy, Partner, Tang Law
12.15pm to 1.15pm Managing IP Issues in Contracts: Increasing Value & Managing Risks
- Overview of the kinds of IP
- How IP issues often arise in contracts & how to spot the issues
- What you can and cannot do with another party’s IP
- The range of agreements you can include to control IP in a contract
- IP in commercial contracts: important clauses to include or avoid
- Key clauses: ownership options, express warranties, indemnities, confidential information, IP issues outside the contract
- Key objectives: increasing value in the deal; managing risks
- Case studies and examples
Presented by Madeleen Rousseau, Principal, Meyer West IP
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.