Contract Drafting: Managing Modern Risk
Gain a deep understanding of assessing risk and appropriate provisions to include in your contracts to protect your clients interests. Whether you are a seasoned professional or just starting out, this seminar is the perfect opportunity to gain valuable knowledge and skills to help you successfully navigate modern risks including data, privacy and IP risks. Navigate risk mitigation clauses such as insurance, indemnities, warranties and limitation of liability. WEB235N04Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Douglas Raftesath, Principal, Meridian Lawyers
9.00am to 10.00am Managing Risk in Contracts & Insurance
- Modern contract risks in business: breach, drafting failures, commercial pressure, compliance and regulatory
- Silent risks in common contracts
- Artificial Intelligence & ChatGPT
- Why bespoke drafting versus boilerplate drafting
- Some recent drafting examples in insurance
- Risk management strategies: internal & external
Presented by James Stanton, Senior Associate, MinterEllison
10.00am to 11.00am Drafting Effective Termination Clauses
- The key drafting techniques and practice points – which apply in all areas of front-end commercial legal practice – emerge from the decisions of the High Court in Shevill v Builders Licensing Board and Gumland v Duffy Bros. These decisions delve into the way termination clauses are drafted and what drafting is and is not effective.
- Touch on the key parts of the conceptual foundation that a contract-drafter requires, to ensure that the implications of a proposed termination clause are understood and to ascertain whether the clause will do what the parties intend it to do.
- There is also a discussion of the drafting techniques and practice points that are necessitated by the ipso facto moratorium, the doctrine of good faith and unfair contract terms legislation, as they relate to termination clauses.
Presented by Alex Ottaway, Special Counsel and Michael Graziano, Solicitor, HWL Ebsworth Lawyers
11.00am to 11.15am Break
11.15am to 12.15pm Clauses Managing Risk: Insurance, Indemnities, Warranties, & Limitation of Liability
- Insurance obligations in contracts and the relationship between upstream and downstream obligations
- Indemnities: the key differences between common law and contractual indemnities and under statute
- Indemnities: the benefits and limitations of a contractual indemnity
- Liability: a general explanation of contingent liabilities
- Limitation of liability: an examination of limitation of liabilities
- Dispute resolution strategies
Presented by Mandy Tsang, Partner and Georgie Parletta, Senior Associate, King & Wood Mallesons
12.15pm to 1.15pm IP Risk in Contracting: What You Should be Aware of
- Startup structures and IP assignments
- Managing broad based transfers and assignments in service agreements
- Ring fencing background IP
- Open source licensing: impact on your IP assets and services
- Indemnities for third party IP infringement claims
Presented by Richard Chew, Partner, K&L Gates
Presenters
Douglas Raftesath
Douglas Raftesath is a highly experienced commercial litigation lawyer and Principal at Meridian Lawyers, with more than 25 years’ experience assisting clients to resolve disputes. He advises clients on contract risk management strategies and assists clients to develop processes and procedures to minimise the potential for risks and disputes. He also assists clients with their general contract negotiations and administration including drafting general contract documentation and terms and conditions. Douglas’ track record includes acting in a number of high profile, large scale and complex multi-party disputes in the Federal Court of Australia and the Supreme Court of New South Wales. He successfully represented over 2000 group members of three failed debenture schemes. He also successfully pursued the directors of a failed listed telecommunications company in a multi-million dollar claim for insolvent trading. Throughout his career Douglas has represented multi-national corporations, listed companies, large privately-owned companies and medium sized business owners in a variety of partnership disputes and disputes arising out of the sale or purchase of businesses. Clients seek Douglas’ expertise in helping them to navigate and resolve disputes through various methods of alternative dispute resolution.
James Stanton
James is an experienced advisor and litigator in MinterEllison's Sydney Insurance and Corporate Risk group, with a focus on entity risk, insurance (front and back end), directors' & officers' duties, and financial services. With over 15 years in risk and insurance, James advises local and international corporates, SMEs and not-for-profit enterprises in relation to corporate risk, litigation defence, policy and contract drafting issues, and statutory compliance. James has been co-author of the International Comparative Legal Guide on Insurance & Reinsurance for several years, and co-edited the Insurance Contracts Act Handbook now in its 10th edition. James also has extensive commercial in-house experience, heading project teams and secondments with several large Australian and international financial institutions including Westpac, Allianz and Swiss Re. He worked extensively with industry clients across the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, the Royal Commission into Aged Care Quality and Safety, and recently on the COVID-19 Business Interruption Test Cases in Australia, New Zealand and the UK.
Alex Ottaway
Alex is a Special Counsel in the Sydney Construction and Infrastructure group of HWL Ebsworth Lawyers. He has over 12 years’ experience as a solicitor specialising in the resolution of disputes involving construction and infrastructure projects. He advises and acts for participants in diverse industries such as infrastructure, industrial plants, resources, energy, advanced manufacturing and housing. He has practised in Sydney and in London.
Michael Graziano
Michael is an Associate in HWL Ebsworth's Construction and Infrastructure group in Sydney. Michael advises and acts for clients on complex construction transactions and a broad range of energy and commercial procurement matters. He is experienced in acting for a diverse range of participants in the construction and infrastructure industry including government agencies, private developers, real estate investment trusts, owners corporations, contractors and financiers.
Mandy Tsang
Mandy is a frontend insurance lawyer with over 15 years’ experience in the insurance industry. Mandy regularly advises on the insurance aspects of large transactions, in particular warranty and indemnity insurance. Her practice spans from insurance issues in complex corporate mergers and acquisitions to high-profile public private partnerships. Mandy advises numerous listed entities and multinational corporations and their boards on indemnity arrangements and their insurance programmes, in particular directors and officer liability and professional indemnity insurance policies. Her practice also includes substantial regulatory advice work.
Georgie Parletta
Georgie Parletta is a Senior Associate in the Sydney Dispute Resolution Group of King & Wood Mallesons working in the insurance and construction team. She has significant experience working on complex commercial litigation, including in the Supreme Court of New South Wales and the Federal Court of Australia, as well as in arbitrations and other dispute resolution processes. Georgie has advised a range of policyholders and insurers on policy response, coverage issues and insurance disputes, including in relation to professional indemnity insurance, contract works insurance, cyber insurance, directors and officers insurance and warranty and indemnity insurance.
Richard Chew
Richard is an experienced intellectual property and technology lawyer who focuses on commercial transactions and technology, telecommunications and outsourcing matters in Australia and the Asia Pacific region. He assists his clients with commercial transactions, technology and IP commercialisation, outsourcing, IT and commercial telecommunications arrangements, strategic procurement and sourcing, vendor management and negotiated company and business mergers and acquisitions across a range of industries. Richard also works with clients on commercial transactions in the Asia Pacific region, including China, Thailand and India. Richard assisted clients with some of the largest business critical technology and outsourcing transactions in Australia and South East Asia. Working with a diverse range of clients, from small and medium enterprises to the largest ASX-listed companies, his clients operate in the food, liquor, retail, telecommunications and technology services industries. Richard has a Bachelor of Science (Computer Science), a Bachelor of Laws (Hons) and a Graduate Diploma in Legal Practice, all from the Australian National University.