Contract Law Conference
Obtain in-depth guidance on the latest in contract law. Gain effective techniques when dealing with arbitration clauses, termination and damages. Master your contract drafting with top tips from the experts. Understand the nuances of good faith in a contract. Attend this informative day jam-packed with useful tactics and skills to meet your legal & commercial contracting goals in 2023. WEB233Q01Z
Description
Attend and earn 7 CPD units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Session 1
Latest Cases, Clauses and Contract Disputes
Chair: Robert Quirk, Barrister, Higgins Chambers
9.00am to 10.00am Contract Law Recent Case Update
Presented by Robert Quirk, Barrister, Higgins Chambers
10.00am to 11.00am Arbitration Clauses and Expert Determination
- 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?
- Practical issues that arise with implementing your ADR clauses
Presented by Mark Williams, Barrister, Level 18 Chambers
11.00am to 11.15am Break
11.15am to 12.15pm A Guide to Contract Termination: Rights and Consequences
- In what circumstances are you entitled to terminate?
- Termination procedures and notices
- Consequences of termination
- Damages and other remedies for termination
Presented by Greg Richards, Partner, Mills Oakley
12.15pm to 1.15pm Damages for Expectation Loss and/or Reliance Loss
- Expectation loss or reliance loss?
- Calculating future economic loss: Where do you draw the line?
- What categories of loss are recoverable, or are not recoverable?
- Recent case studies regarding damages
Presented by Michael de Waard, Barrister, Murray Gleeson Chambers
Session 2
Effective Drafting and Contract Protection
Chair: Matthew Williams, Barrister, Callinan Chambers
Professional Skills
2.00pm to 3.00pm Drafting Techniques for Fundamental Clauses
- Structuring your contract
- Industry standard v bespoke
- Drafting for the end user
- Plain English or plain drafting?
- Think about the boilerplate
Presented by Ren Niemann, Partner and Max Kosmala, Senior Associate, Norton Rose Fulbright
3.00pm to 4.00pm 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 Mark Williams, Barrister. Level 18 Chambers
4.00pm to 4.15pm Break
4.15pm to 5.15pm Contract Protection: Utilizing Insurance to Manage Contract Risk
- Insurance options for different varieties of contracts
- Understanding limitations on insurance
- The balance and interaction between insurance, insurance clauses and other risk management provisions
- Drafting effective insurance clauses and avoiding pitfalls
Presented by Carl Hinze, Partner, Holding Redlich
Presenters
Robert Quirk
With experience across many areas of law, Robert Quirk has advised all types of clients from major corporations to local governments, and statutory authorities to individuals. Robert has over 20 years' experience in commercial and contract, environmental, property, administrative and appellate law. He also has wide experience in criminal and enforcement matters relating to the above areas. He has been an officer in the RAAF Specialist Reserve. In this capacity, Robert has been counsel assisting the F1-11 Deseal Reseal Board of Inquiry, an inquiry officer, and on many occasions a prosecuting and defending officer.
Mark Williams
Mark Williams is a barrister at the Queensland Bar and has been so since 1995. Prior to then he was a solicitor, and later Senior Associate, with Minter Ellison; in their Construction & Engineering Major Projects section. Prior to his call to the Bar Mark was admitted as a solicitor in 1990. He has, over the twenty-eight years of his post admission career, practiced extensively in commercial litigation; with a heavy emphasis on building and construction, not only in Queensland, but in the Northern Territory and New South Wales as well. Holding the degrees of Bachelor of Laws with Honours and Masters of Law, Mark is also a Sessional Academic & Unit Coordinator at the Queensland University of Technology, Faculty of Law where, as part of its Masters of Law programme, he teaches the subject Construction & Engineering Law. A registered and active security of payment adjudicator in Queensland, the Northern Territory, New South Wales, Victoria and Western Australia, Mark is also an experienced and nationally accredited mediator. He has written and published extensively, including the book Building Contracts & Regulation Queensland and, having been given a number of professional accolades over the years, is also a member of a number of committees in his field.
Greg Richards
Greg Richards is a partner in the Building, Construction and Infrastructure group of Mills Oakley in Brisbane. With over 26 years’ experience in legal practice, he is highly experienced in litigation, expert determination, mediation and security of payment. Greg has acted for principals, contractors, subcontractors, consultants, insurers and liquidators giving him a broad range of experience and giving him a unique perspective on disputes in the construction industry and an understanding of the drivers and concerns of different parties. Greg uses legal processes to full effect to achieve strategic outcomes for clients. Greg has been described in The Legal 500 Asia Pacific as ‘one of the best in the Brisbane market’ and as ‘detailed, easy to work with.’
Michael de Waard
Michael de Waard is a commercial barrister from Murray Gleeson Chambers in Brisbane. His practice focuses on the following areas: banking, bankruptcy and insolvency; commercial; property; contract; torts; administrative; equity; building and construction; and appellate. Michael has been practicing at the private Bar for over five years. He regularly appears led and unled in the Supreme Court of Queensland, the Federal Court of Australia and the Court of Appeal. He also appears interstate. Before being called to the Bar, Michael practiced as a commercial litigator in a top-tier firm and was an associate in the Federal Court of Australia.
Ren Niemann
For more than 18 years, Ren Niemann has extensively provided all levels of government and the private sector with strategic advice on procurement, construction and infrastructure projects. Ren's focus on these areas means his clients have confidence they are receiving the right commercial advice on the development and procurement of complex projects. Ren's experience encompasses a number of industries and sectors, including defence, resources, transport, health, education and property development. Ren has advised on all forms of contracting, including relationship contracts and PPPs. Ren is one of the firm's lead partners for the Government sector, where he heads up the firm's Government Services Group
Max Kosmala
Max Kosmala specializes in all aspects of non-contentious (front-end) construction law within the following sectors: commercial, residential, government, retail and regeneration. He has a wide range of experience in Australia and the United Kingdom acting for both public and private sector clients in the drafting, negotiation and administration of a range of construction and engineering contracts. He has considerable experience working on the various standard form building and engineering contracts in addition to development management agreements, consultant appointments (bespoke and industry forms), collateral warranties, bonds and guarantees.