Contract Drafting & Key Terms
Gain the information, strategies & tools needed to navigate the legal and commercial realities of contracting in today’s environment. Get expert tips on drafting contracts and clauses. Understand why you should include IP clauses in your next contract. Learn how to effectively draft dispute resolution clauses and avoid critical mistakes. Pick up the key tricks in the contract review process and the pitfalls to look out for. 233W11
Description
Attend and earn 4 CPD points in Competency Area 2: Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Peter Ward, Barrister, Francis Burt Chambers
9.00am to 10.00am Drafting to Manage Insolvency Risks
- State of the market
- Key insolvency concepts to keep in mind
- Key contracting risks
- Drafting to manage risk and improve recoverability
Presented by Lawrence Lee, Partner, Lavan
10.00am to 11.00am IP Clauses You Can’t Risk Overlooking
- IP considerations that shouldn’t be overlooked
- Licensing vs ownership: making the right choice
- Negotiating IP warranties and indemnities
- Example clauses: what works, what doesn’t
Presented by Madeleen Rousseau, Principal, Meyer West IP
11.00am to 11.15am Break
11.15am to 12.15pm Reviewing Form Contracts
Have you been asked to review your client’s form contracts recently? This session will consider the following questions, discuss the red flag clauses and appropriate revisions:
- Do they include provisions that are too aggressive or too weak?
- Are there key provisions missing all together?
- Do your form contracts contain provisions that hurt your company more than they help?
- Do these form conditions apply to the proposed agreement?
Presented by Alyson Eather, Senior Associate, DLA Piper
12.15pm to 1.15pm Effective Dispute Resolution Clauses and Avoiding Fundamental Drafting Mistakes
- The current approach of the courts to enforcement of dispute resolution clauses
- A how-to guide to drafting a watertight dispute resolution clause
- When do you need or not need a dispute resolution clause?
- Choosing the right dispute resolution method: arbitration vs expert determination vs ADR vs litigation
- Is a staged dispute resolution procedure appropriate?
- Should the dispute resolution procedure be mandatory?
- Example clauses
Presented by Simon Davis, Barrister, Francis Burt Chambers
Presenters
Peter Ward
Peter Ward is a barrister at Francis Burt Chambers and was previously a partner of an international law firm. He has practised for more than 20 years across a wide variety of commercial disputes and government law, with a particular focus on construction and infrastructure matters. Peter has been recognised in Best Lawyers in the fields of Construction and Infrastructure Law, International Arbitration and Transportation Law; in Doyle's Guide in the field of Construction Law; and was named in the Legal 500 Asia Pacific Guide for his "indubitable skills and knowledge".
Lawrence Lee
Lawrence has extensive experience in project disputes involving long term , energy and resources contracts, joint venture and farmin agreements, EPC , contracts, offtake agreements, and royalty and land access agreements. , Lawrence's practice is focussed on large and complex litigation and , arbitration, energy & resources disputes, project disputes including , construction disputes and restructuring and insolvency matters. He is also , highly experienced in scheme of arrangement court work in Perth. , Lawrence also has significant experience in financial services disputes and , in restructuring and special situation matters.
Madeleen Rousseau
Madeleen specialises in intellectual property law. Before moving to Australia in 2007 she was a partner in a leading South African intellectual property firm. Prior to joining Williams + Hughes, Madeleen was a senior member of the Technology and IP team of one of Australia's largest law firms. She has 20 years' legal practice providing strategic and commercial advice on a wide range of trade mark, copyright and commercial matters relating to governance, risk and management issues involving IP. Madeleen is admitted to practice law in Australia and South Africa.
Alyson Eather
Alyson Eather is a partner in the DLA Piper Finance and Projects team. Alyson's core legal skills are advising the private and public sectors on the legal aspects of major projects, including complex contract risk review and strategic procurement and probity. Alyson has acted for a range of mining and infrastructure clients advising on a variety of forms of construction contracts and project and mining infrastructure related contracts both in Australia and internationally.
Simon Davis
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth. In Perth from 2000 to 2004 he was at Allens Arthur Robinson, where his practice covered international and domestic commercial litigation, arbitration and alternative dispute resolution, for a range of commercial and resources clients. In London and Paris from 1993 to 2000 Simon was a disputed solicitor at Freshfields, where he gained particular experience in international arbitration, both commercial and construction/technical, acting for a variety of governmental, industrial and commercial clients in arbitrations governed by common and civil law systems. Simon is admitted to practice in Western Australia, Victoria and England and Wales. He is a Fellow and Councillor of the Chartered Institute of Arbitrators, and an Honorary Fellow in the Faculty of Law of the University of Western Australia, where he co-teaches International Commercial Arbitration.
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.