Contract Law Conference
Issues covered include: unsigned contracts, dispute resolution, ipso facto clauses, insolvency, common law rights to terminate, risk, limitation of liability, indemnities, unfair terms, unconscionable conduct, cross-jurisdictional contracts, variation
Description
The best way to avoid a messy contract dispute is to draft a bullet proof contract in the first place. That can be easier said than done, but with this line-up you will get it right the first time. Plus, should things turn sideways despite best efforts, this conference will also arm you with the knowledge and skills to navigate any issues involving disputes, variations, risks and damages.
Attend and earn 7 CPD units in Substantive Law
This conference was recorded in NSW on 14 March 2019
Session 1
Contract Conflict: From Dispute to Termination
Chair: Gregory Martin, Principal, Martin Bullock Lawyers; Lecturer, University of Western Sydney
9.00am to 10.00am: When is an Unsigned Contract Enforceable?
- Masters v Cameron: 4 standard situations
- Conduct of parties is critical
- Authority of agents including lawyers to bind principals
- Relevance of past performance
- Special rules for deeds
- Some common situation and how to deal with them
Presented by Timothy Atkin, Partner, Maddocks
10.00am to 11.00am: Contract Disputes and Dispute Resolution Clauses
- How to choose the appropriate dispute resolution method
- Arbitration (domestic and international)
- Expert determination
- Alternative dispute resolution
- Litigation
- Arbitration clauses, the effect and enforceability of these clauses
- Are there limitations on the subject matter of arbitral disputes?
- ADR, expert determination, arbitration or litigation
Presented by James Ellsmore, Senior Associate, King & Wood Mallesons
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Ipso Facto Clauses and Insolvency
- Review of the provisions
- Judicial consideration
- Insolvency sector response
Presented by Michael Rozdal, Consulting Principal, Keypoint Law; Best Lawyers 2019, Insolvency Reorganization Law
12.15pm to 1.15pm: No End in Sight: Exploring Common Law Rights to Terminate a Contractual Relationship
- Managing exits from contracts of indefinite duration
- Termination for breach of condition or serious breach of intermediate term
- Right to terminate for convenience?
Presented by Amanda Engels, Partner, King & Wood Mallesons
Session 2
Key Contractual Considerations
2.00pm to 2.45pm: The Interplay Between Risk, Liability, Limitation of Liability and Indemnities
- Maximise negotiation outcomes for contracts
- Understand what is meant by risk, liability and indemnity
- What can and can’t be limited in contracts
- How are these clauses interpreted by the courts
- Negotiation tactics and ‘horse-trading’
Presented by Scott Alden, Partner, Holding Redlich
2.45pm to 3.30pm: Statutory Intervention in Contract Law: Unfair Terms and Unconscionable Conduct
- The philosophy underlying statutory intervention
- When a term will be regarded as ‘unfair’
- What is the ACCC’s enforcement approach?
- The factors that influence a determination of unconscionable conduct under the ACL
- The available remedies
Presented by Bridie Nolan FCIArb, Barrister & Arbitrator, 12 Wentworth Selborne Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Cross-Jurisdictional Contracts: Impacts and Implications
- Conflict of laws principles
- Considerations in the drafting and enforcement of:
- Choice of law clauses
- Choice of jurisdiction clauses (exclusive and non-exclusive)
- Enforcement of judgments across jurisdictions
Presented by Jennifer K Mee, Barrister, 6 St James Hall Chambers
4.30pm to 5.15pm: Variation of Contracts
- What are effective (and ineffective) ways to vary a contract?
- How do you spot an extension of term of contract by way of variation or conduct?
- Does a variation create a new contract?
- What are the principles of construction where there is a variation or extension?
- Are ‘anti-oral variation’ clauses effective?
Presented by Dr Elisabeth Peden, Barrister and Accredited Mediator NMAS, Third Floor Wentworth Chambers