Contract Law Conference
This timely program offers the information, strategies & tools needed to navigate the many legal and commercial realities that may have pushed you to the limit. Obtain in-depth guidance on the latest in interpretation, dispute resolution & termination. Gain effective techniques when dealing with good faith. Finally, establish a sound understanding of key contracts that practitioners struggle with the most in order to meet your legal & commercial obligations to your clients. 233N32
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
*The conference will be directly followed by a Networking Drinks Reception for the in-person delegates
Session 1
Contract Law Updates, Rights, Duties and Avoiding Disputes
Chair: Paul Menzies KC, Eight Wentworth Chambers
9.00am to 10.00am Interpretation of Commercial Contracts in 2023
- Update on interpretation principles and canons of construction
- Implied terms: by law, custom and practice or prior course of dealing
- Looking beyond the contract: practical implications
- Differing interpretations: which gives the most commercial result?
Presented by Edward Martin, Partner, Gadens
10.00am to 11.00am Good Faith Requirements in Contracts
- Implied terms of good faith and how it balances with other implied terms
- Good faith in the negotiation context
- Difference between duty of good faith and duty to cooperate
- How far can one go beyond the express wordings of the contract and still maintain good faith
Presented by Adam Butt, Barrister, Eight Wentworth Chambers; Winner, Lawyers Weekly, Australian Law Awards 2021, Barrister of the Year
11.00am to 11.15am Morning Tea
11.15am to 12.15pm A Guide to Contract Termination: Rights and Consequences
- What are the differences between express rights and general right?
- How do you give effective notice?
- What if the termination is not justified?
- Losing the right to terminate: the importance of election and delay
- What are the consequences of termination?
- Claiming damages after termination
- Some practical tips for effective exercise of termination rights
Presented by Trevor Withane, Partner, Ironbridge Legal; Recommended Commercial Litigation and Dispute Resolution Lawyer, Doyle’s Guide 2021
Professional Skills
12.15pm to 1.15pm Contract Dispute Resolution: Avoiding Costly and Unpleasant Litigation
Alternative dispute resolution plays an ever-expanding role in the world of contract litigation and it is more important than ever to ensure that the mediation path you embark on with your client has the greatest chance of success. In this session you will examine:
- The forms of contract dispute resolution available
- The suitability of those forms to various types of contract disputes
- When to employ contract dispute resolution and when to say no
- The role of the courts in the contract dispute resolution process
Presented by Michael Rozdal, Consulting Principal, Keypoint Law; Best Lawyers 2021, Insolvency and Reorganization Law
Session 2
Spotlight on Insurance, Technology, and Cross-Borders Contracts
Chair: Paul Menzies KC, Eight Wentworth Chambers
2.00pm to 3.00pm Insurance Contracts: Getting the Most out of your Insurance
- Insurance contracts: hints and tips
- Not everything is as it seems: exclusions and disclosure
- Interpreting insurance contracts and avoiding loopholes
- How to ensure insurance is there when it is needed
- Complying with policy conditions and common pitfalls
- Notification of claims and circumstances
Presented by Raymond Giblett, Partner, Norton Rose Fulbright Australia; Best Lawyers 2013, Sydney Insurance Lawyer of the Year
3.00pm to 4.00pm Technology Contracts
- Scope
- Changes and termination
- IP Issues
- Payments and disputes
Presented by Caitlin Whale, Partner, Baker McKenzie
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Cross-Border Contracts and Disputes
- Arbitrate or litigate?
- How to draft dispute resolution clauses that will be enforced
- Latest developments on anti-suit injunctions
- Managing multi jurisdiction litigation: unique issues and practical tips
Presented by Steven Fleming, Partner, Jones Day; Best Lawyers 2023, Alternative Dispute Resolution, Litigation and James Ebert, Partner, Jones Day
Presenters
Paul Menzies KC
After 5 years practicing as a Solicitor in Sydney and London, Paul Menzies was called to the Bar in Sydney in 1973. He took Silk in 1988 and currently practices from 8 Wentworth Chambers in Sydney, Southern Highlands Chambers in rural New South Wales, with Devers List in Melbourne and in Singapore. Paul is a graduate in Arts & Law from the University of Sydney. He is a member of Institute of Company Directors, a member of the CIArb, and ACICA and a practitioner of the American International Commercial Court and the Dubai IFC Court and is admitted to practice in the Singapore International Commercial Court. Paul has an extensive practice as a Mediator and accepts appointments as arbitrator or counsel in commercial arbitration, nationally and internationally . Paul appears as an advocate at both trial and appellate level in commercial law, particularly insurance, guarantee, unconscionable conduct and mortgagor/ mortgagee, breach of confidence, restrictive trade practices, and employment law issues, Administrative & Constitutional Law. He is a co-author of the Chapter on Guarantees in Laws of Australia (Lexis Nexus). Paul has extensive experience, mainly representing the state (particularly Police and Corrective Services as defendant, but also for Plaintiffs in negligence and intentional tort claims. For virtually the whole of his professional life at the Bar, Paul has appeared for Governments in a broad gamut of areas extending through most aspects of administrative law (including workplace relations), constitutional law, contract and common law generally. As a result of his relationship with Government, Paul has gained considerable insight into the workings of the executive Government and the Public Service and is sensitive to the nuanced approach which needs to be taken when either appearing for or against Government. He has appeared in most administrative and quasi-judicial tribunals including the State Industrial Relations Commission, the Conciliation and Arbitration Commission and its successors, Administrative Decisions Tribunals, and professional disciplinary bodies. He has appeared on behalf of institutions or persons, either the subject of the enquires or witnesses and as Counsel Assisting in a broad range of inquiries, significant Coronial Inquests and Royal Commissions.
Edward Martin
Edward Martin is a Partner in the Disputes and Investigations Group at Gadens. He specialises in major, complex commercial disputes both for and against corporates and contentious regulatory matters. Edward has extensive experience acting for clients ranging from multinationals and ASX listed companies, to not-for-profits as well as government entities. He also acts for directors and officers. He works across a variety sectors including financial services, private equity, healthcare, professional services, government and resources. Edward is known for his strategic and thoughtful result-focused approach to the issues facing his clients. In litigation, he is primarily engaged in proceedings before the Federal and Supreme Courts, typically involving contractual interpretation, claims for equitable remedies, professional negligence, allegations of misleading or deceptive conduct and administrative law issues. He also acts in arbitration proceedings. The effective use of alternate dispute resolution (ADR), particularly mediation, to achieve commercial objectives is an essential part of Edward’s approach to disputes. He has acted in numerous mediations ranging from small-scale two party mediations to large, high-value multiparty mediations.
Adam Butt
Adam Butt is an Australian Barrister based in Sydney who specializes in international arbitration, commercial litigation and human rights law. Prior to joining the NSW Bar he practiced as a solicitor at Allens Linklaters and as a senior associate in the international arbitration team at Clayton Utz. Adam has acted on numerous international investment and commercial arbitrations with seats in Europe, Asia, Australia, North America and the Caribbean, including several matters as assistant to Hon James Spigelman AC. Adam has won major native title and Aboriginal land claim disputes across Australia. He also acts on complex commercial cases and regularly leads teams in Federal and Supreme Court, in cases both for and against the Crown. Adam has postgraduate degrees in law and politics from New York University and Cambridge where he topped several subjects and been a visiting scholar in negotiation at Harvard. He is also admitted as an attorney in New York. Previously he worked with the judges at the ICTY in The Hague, on the trial of Slobodan Milošević. Adam has published and presented in Australia and overseas on ADR, expert evidence and civil procedure, and been a board member of international ADR bodies in Australia and overseas. In 2020 and 2021, he has been a finalist in the Australian Lawyers Weekly Barrister of the Year awards.
Trevor Whitane
Trevor is a highly regarded lawyer you want on your side. He is the founder and principal of Ironbridge Legal and is a specialist commercial litigator and insolvency lawyer with deep experience in his areas of practice. Prior to founding Ironbridge Legal, Trevor was a partner of a successful Sydney based boutique law firm. Clients have described Trevor as extremely insightful, friendly, practical and pragmatic. Trevor founded Ironbridge Legal to provide in-depth specialist and conflict free advice in the disputes space – starting a law firm with true specialism in just two key areas: Commercial Litigation and Insolvency and Bankruptcy. Trevor started his legal career at global top three firm, Allen & Overy LLP, where he trained and spent several years advising a multitude of corporates and high-net-worth individuals in connection with complex disputes and regulatory matters often straddling more than one jurisdiction Before moving to Australia from the UK for family reasons, Trevor was a barrister in London, acting for corporates and high-net-worth individuals in complex commercial litigation and insolvency matters in the High Court. This experience, coupled with Trevor’s accountancy studies and his earlier practice as an accountant, gives him a rare depth and breadth of experience to apply to his clients’ matters.
Michael Rozdal
Michael Rozdal is a commercial litigator and insolvency lawyer who has joined Keypoint from Kemp Strang Lawyers, where he was a partner for 8 years. Michael is an accredited specialist in commercial litigation and his expertise in insolvency law was recognized by his recent inclusion in Best Lawyers in Australia 2019 for Insolvency and Reorganization Law.
Raymond Giblett
Ray Giblett is a partner in Norton Rose Fulbright’s Sydney office and an insurance lawyer with over 20 years' experience. Ray is recognized as one of Australia's leading insurance lawyers in Chambers Asia Pacific, Legal 500, Best Lawyers (2013 Sydney Insurance Lawyer of the Year) and Euromoney's guide to the World's Leading Insurance and Reinsurance Lawyers. He is known for both his expertise and commerciality. Ray has extensive experience in both non-contentious and contentious insurance matters, advising across the full spectrum of insurance issues ranging from major transactions, distribution, compliance and complex reinsurance structures to some of Australia's largest insurance and reinsurance disputes. Ray's advice is regularly sought by domestic and international clients. Insurers (life and general), reinsurers, banks, government and major local and foreign corporations appreciate Ray's strong grasp of the technical, legal and commercial aspects of every matter, and how he applies this knowledge to develop the most appropriate strategy. Ray's authentic and client centric approach involves working closely with clients to achieve commercial solutions and he is passionate about proactive innovation to help clients realise their desired outcomes. Ray regularly deals with ASIC and APRA in the context of regulatory issues and is a member of the Australian Insurance Law Association (committee member), Australian Professional Indemnity Group and the Reinsurance Discussion Group. He is admitted to practice in all State Courts in Australia, the Federal Court and the High Court of Australia.
Caitlin Whale
Caitlin Whale is a special counsel in the IPTech team at Baker McKenzie. She advises on technology, data issues, cybersecurity, privacy, procurement and telecommunications issues. Her practice focusses on complex commercial transactions, particularly those which involve technology, data or cybersecurity issues. Caitlin has practiced as a technology and intellectual property lawyer in both Sydney and London for over 17 years.
Steven Fleming
Steven Fleming is an international commercial litigator who focuses on resolving commercial disputes, often across jurisdictional boundaries. While maintaining a diverse practice, Steven has particular experience in the following industries: banking and finance, energy and resources, and construction. He has acted for clients in disputes in jurisdictions as diverse as Cambodia, Sudan, Slovakia, France, Alberta, Sri Lanka, and Italy. Steven has represented clients in proceedings before the superior courts of Australia and England and in arbitrations administered by the ICC, LCIA, and SIAC. His major cases have included a dispute concerning EPC contracts for a sub-Saharan oil project, acting for Lehman Brothers Holdings in representing that company's interests in the insolvent administration of Lehman Brothers Australia (including High Court proceedings in which a deed of company arrangement [DOCA] was challenged), acting for a client in ACCC proceedings in Australia concerning an international marine hose pipe cartel, acting for directors of a major investment bank advising on insolvency issues, and acting for a construction company in a contractual dispute concerning a walking beam furnace. Steven also has vast experience in undertaking corporate investigations on behalf of clients. This experience includes investigating and reporting to boards on foreign corrupt practices and dealing with regulatory bodies in both Australia and overseas on behalf of clients. He is currently working on investigations on behalf of clients concerning potential corrupt practices in Cambodia, Vietnam, the Philippines, Sri Lanka, and the Middle East. Before joining Jones Day, Steven worked at a major Australian firm. He also worked for five years in London for a leading city firm.
James Ebert
James Ebert is a commercial litigator who assists global and domestic clients with a range of disputes and risks, providing strategic guidance throughout the life cycle of actual or anticipated disputes. His practice is focused on high-stakes disputes, with particular attention on the construction and infrastructure sectors, significant joint venture and M&A disputes, and other complex disputes for large multinationals. He also regularly provides advice on dispute avoidance and project management for litigation risk management, and acts in expert determinations and other alternative dispute resolution methods. His recent experience highlights cover a number of construction and infrastructure disputes, including acting for Fluor in ongoing proceedings brought by Santos in the Queensland Supreme Court (following the successful recovery of approximately $500 million for Fluor in prior adjudications), acting for Lendlease in successful NSW Supreme Court proceedings regarding the development of the Barangaroo precinct, and a number of successful adjudications for various construction companies. He has also acted in a number of major corporate disputes, including various contract & joint venture disputes, post-closing transaction disputes, warranty claims and misleading and deceptive conduct claims. For example, this includes acting for Lowe's in relation to its exit from a joint venture with Woolworths in respect of the Masters hardware/home improvement business in Australia, a number of completion adjustment disputes and warranty claims in the transport & logistics sector, a major regulatory dispute in the telecommunications sector, and the investigation and defence of various claims and associated issues in relation to a large corporate collapse.
Venue
Legalwise Seminars - Pitt Street
Level 11 70 Pitt Street
Sydney 2000 NSW
Australia
Parking information:
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions:
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km