Contracts: Duties, Disputes & Damages
Expand your toolkit to expertly deal with tricky issues related to contractual duties, disputes & damages whether front end or back. Explore implied terms and how to deal with them. Master how to navigate waiver, estoppel & termination for breach. Cultivate the best tactics to employ when drafting penalty clauses and time bars to minimise risk and maximise damages. Hone your strategies for rectification & variation of contracts. Perfect your skills to meet your legal & commercial contracting goals. 223W12
Description
Attend and earn 3 CPD points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Jenny Thornton, Barrister, Quayside Chambers; Best Lawyers 2022, Insurance Law; Recommended Commercial Litigation & Dispute Resolution Junior Counsel, Doyle’s Guide 2021 & Leading Insurance & Personal Injury Law Junior Counsel, Doyle’s Guide 2020
2.00pm to 2.45pm 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 Dr David Cox, Barrister, Francis Burt Chambers; Best Lawyers 2022, Biotechnology Law, Health and Aged Care Law, Intellectual Property Law & Life Sciences Practice
2.45pm to 3.30pm Time Bars, Waiver, Estoppel and Termination for Breach of Essential Terms
- Drafting an effective contractual time bar
- Evidentiary issues in establishing waiver and estoppel
- Criteria for identifying essential terms for termination
- Quantum meruit claims following termination
Presented by James Healy, Barrister and Arbitrator, Francis Burt Chambers; Best Lawyers 2022, Litigation, Construction/Infrastructure Law, Insolvency and Reorganization Law & International Arbitration; Recommended Insolvency & Restructuring, Commercial Litigation & Dispute Resolution & Construction Law Junior Counsel, Doyle’s Guide 2021
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm A Guide to Penalty Clauses: Legal & Practical Commercial Considerations
- Understanding the ins and outs of the penalty doctrine
- When does a contract clause contravene the penalty doctrine?
- What is the relationship between penalties and liquidated damages?
- What are the consequences if a clause is found to be a penalty?
- Tips for drafting: do’s and don’ts, examples, & lessons from key cases
Presented by Thomas Jacobs, Partner, Jackson McDonald; Best Lawyers 2022, Alternative Dispute Resolution & Construction/Infrastructure Law; Recommended Construction & Infrastructure Litigation Lawyer, Doyle’s Guide 2020
4.30pm to 5.15pm Rectification and Variation of Contracts in Practice
Essential principles and common mistakes made when seeking the rectification or variation of contracts including:
- The consistency of claims for both rectification and variation of a contract
- The applicability of the parol evidence rule
- Retrospectivity
- The need for consideration
Presented by Leo Tsaknis, Barrister, Francis Burt Chambers
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.