Contract Law Conference: Risk Management
Issues covered include: contractual warranties, contractual indemnities, insurance contracts, arbitration clauses, binding arbitration agreements, contracting in the digital age, digital footprints, limitation of liability, Australian consumer law, proportionate liability regimes, ethical considerations, contract drafting, contract tendering, contract negotiation, block chain, smart contracts, multi-party agreements, privacy, cybersecurity
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, block chain, warranties and more.
Attend and earn 7 CPD units including:
4 units in Legal Knowledge
1 unit in Practical Legal Ethics
1 unit in Practice Management & Business Skills
1 unit in Professional Skills
This conference was recorded in QLD on 21 March 2019
Session 1
Contract Law Update
Chair: Peter Janssen, Principal, Corporate First
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Contractual Warranties, Insurance and Indemnities: Untangling the Complex Interplay
- What are contractual warranties, contractual indemnities and insurance contracts?
- Are they all enforceable?
- Some drafting tips.
Presented by Dane Jones, Barrister, Alfred Lutwyche Chambers
9.50am to 10.35am: Arbitration Clauses in Contracts
- Binding arbitration agreements
- Avoiding arbitration agreements
- Pre-conditions in arbitration agreements
- Arbitrate or Litigate?
Presented by Florence Chen, Barrister, Level Twenty Seven Chambers
10.35am to 11.20am: Contracting in the 21st Century: Issues and Challenges in Contracting in the Digital Age
- Service and exchange of documents by electronic means: lessons and pitfalls
- E-commerce businesses: click wrap, browse wrap and contracting over the internet
- Digital footprints: careful where you step
Presented by Greg Richards, Partner, Mills Oakley Lawyers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Limitation of Liability
- Limitation of liability in the context of the Australian Consumer Law and proportionate liability regimes
- Enforceability of and construction of exclusion and limitation of liability clauses
- Recent case law developments and drafting tips
Presented by Steven Hogg, Barrister, McPherson Chambers
Prepared by Scott Alden, Partner, Holding Redlich
12.20pm to 1.05pm: Contract Law Recent Case Update
This session will provide a wrap up analysis of key cases in the last 12 months that will impact your clients and your practice.
Presented by Robert Quirk, Barrister, Higgins Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
CPD Mandatory Core Areas
Practical Legal Ethics
2.00pm to 3.00pm: Practical Legal Ethics in Contract Negotiation and Management
- Ethical considerations in contract drafting, tendering and negotiation
- Communications with other parties
- Issues in operational phases
- Legal ethics in contractual disputes
- Interface of legal ethics and contracting parties' obligations
- Consideration for cross-jurisdictional projects
Presented by Colin Harris, Partner, HWL Ebsworth Lawyers
Practice Management and Business Skills
3.00pm to 4.00pm: Blockchain, Smart Contracts and the Future of Multi-Party Agreements
Distributed ledger technology or ‘blockchain’ is being touted as a game-changer for multi-party contracts and agreements. But what is the technology and is the hype warranted?
- The basics of distributed ledger or ‘blockchain’ technology
- Why blockchain provides a ‘trustless’ medium for exchange
- How smart contracts allow visible multi-party automation
- Why ‘Smart Legal Contracts’ enable proactive enforcement of agreements and relationships
- Practical implementations of blockchain technology in contractual settings
- Legal issues and challenges surrounding the technology
- How to prepare your firm or practice
You should come away from this session with a good grounding in what blockchain and smart contracts do, how they may be used and what steps you can take to begin using the technology in your firm.
Presented by Matthew Shearing, Founder, BlockSense
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm: Contracting for Privacy and Cybersecurity
In using service providers and particularly ICT service providers, business and government put their confidential and personal data in the hands of others. It’s critical that the contract appropriately addresses privacy and cybersecurity: the obligations of the service provider, rights of the customer and the allocation of risk and responsibilities between them when the inevitable data breach occurs. Consider:
- Pre-contract considerations: due diligence
- Negotiating privacy clauses
- Lessons learned from application of the new data breach notification laws: PageUp data breach
- Addressing cybersecurity including cyber insurance
Presented by Helen Clarke, Partner, Corrs Chambers Westgarth