Cross Border Contracts, Business Deals & Disputes

Cross-border contracts are evolving, and investment opportunities are growing. Managing the legal challenges in these agreements is paramount. IN a jam-packed afternoon you will delve into foreign contract enforceability and navigate cross-border disputes using contemporary methods for managing conflicts and addressing intellectual property risks. Join an expert panel to master the essentials of cross-border contracts and stay updated on the latest strategies in global business. WEB242N05Z

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Chair: Dirk Feinauer, Director, Feinauer Commercial Lawyers

1.00pm to 1.30pm Opening Address by the Chair
Starting Right: Where to litigate?  

  • Where to litigate? resolving jurisdiction issues in cross boarder litigation
  • Establishing jurisdiction
  • Choice of forum
  • Exclusive foreign jurisdiction clauses

Presented by Dirk Feinauer, Director, Feinauer Commercial Lawyers

1.30pm to 2.00pm IP Risk in Cross Border Contracting: What You Should be Aware of

  • What IP will be transferred?
  • Where will the IP go to?
  • Sanction lists
  • Jurisdictional issues to be aware of
  • Protection of IP in a foreign jurisdiction
  • Payments and disputes

Presented by Richard Chew, Partner, K&L Gates; Best Lawyers 2023, Commercial Law; Best Lawyers 2023, Information Technology Law 2018-present

2.00pm to 2.45pm Anticipating Cross Border Dispute

  • Anticipating cross-border disputes and considering the law and forum for dispute resolution
  • Addressing the rights of third parties not bound by the contract in international deals
  • Establishing jurisdiction over the parties and subject matters
  • Modifying international commercial contracts to avoid common pitfalls 

Presented by Joern Schimmelfeder, Principal, Joern Schimmelfeder Legal

2.45pm to 3.30pm Enforceability of Foreign Contracts

  • Recognition and compliance
  • Dealing with damages, judgments, & enforcement
  • Enforcement of judgments
  • Australian recognition of foreign judgments
  • Foreign recognition of Australian judgments
  • Common law
  • Registration of judgments: interstate & international
  • Identifying overseas assets

Presented by Samuel J. Woff, Partner, Warlows Legal and Lecturer, University of Melbourne

3.30pm to 3.45pm Break

3.45pm to 4.30pm Modern Approaches to Cross Border Disputes

  • Can my client terminate? Things to consider before pulling the plug
  • Certainty and consequences of agreeing to ADR
  • Mediation: At what point?
  • The use of mediation and ODR platforms as efficient and accessible methods for resolving cross-border disputes
  • Good faith requirements
  • The growing trend of arbitration as a modern alternative for resolving cross-border disputes
  • Tips and practical guidance on drafting arbitration clauses
  • Successfully working through the arbitration process

Presented by Julia Dreosti, Counsel at Clifford Chance, Immediate Past State-President of the French-Australian Chamber of Commerce and Industry 

4.30pm to 5.15pm INTERNATIONAL SPEAKER: Mastering Cross-Border Deals: The Practicalities of Cross Border Contracting

In this session, you'll acquire valuable insights into the management of conflicts of laws and the process of making informed decisions between arbitration and court proceedings. You will finalise the day exploring the fundamental elements for achieving success in cross-border agreements with the expertise of our international speaker, Tim Herbert, Director of London Law Collective. Tim's exceptional technical legal skills will enhance our dispute resolution practice.
Presented by Presented by Tim Herbert, Director, London Law Collective

Presenters

Samuel J. Woff
Samuel is a leading commercial construction law and construction litigation specialist, advising on complex and high-stakes project and major infrastructure disputes. With expertise in both domestic and international construction disputes and with over 10 years' experience in private practice, Samuel is passionate about delivering litigious solutions for clients that are commercial, strategic, and innovative. This includes leveraging cutting-edge technology to drive best outcomes in a contentious environment. With an established industry presence and a proven track record of delivering when the situation demands it most, Samuel is a leader in the construction law space. He maintains an active media presence in the industry, appearing in interviews, articles and as a guest speaker and expert commentator.

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.

Joern Schimmelfeder
Joern Schimmelfeder concentrates on legal issues affecting transport and engineering projects. He deals with a broad spectrum of clients including contractors, owners, manufacturers, builders, subcontractors and industry professional advisers., He frequently advises on the preparation and negotiation of contracts for the provision of transport, defence and aviation infrastructure, provision of outsourced services and long term infrastructure maintenance. He also has extensive experience advising clients on consortium transactions and project finance documents.

Julia (Hoffmann) Dreosti
Julia is an experienced arbitration and litigation practitioner in our L&DR group in Australia, with over 15 years’ experience advising and representing clients on the full spectrum of contentious matters across a wide range of sectors including aerospace and defence, infrastructure, construction, energy, government and corporates. Julia acts as both counsel and arbitrator. She also regularly advises clients on dispute avoidance, contract administration and risk minimisation at all stages of the major project lifecycle. Her experience also includes advising clients on compliance and directors duties, and dealing with regulatory authorities in the context of various types of investigations and court proceedings. In addition to her experience in Australia, Julia has previously worked in Paris and Singapore. Prior to re-joining Clifford Chance, Julia was a principal in a boutique disputes firm for a number of years.

Tim Herbert
Tim is a Director at the London Law Collective and its Head of Disputes.  Having studied law at Brasenose College, Oxford, Tim attended law school at the Oxford Institute of Legal Practice.  From there, he commenced his career at Herbert Smith in London and Hong Kong, becoming a solicitor qualified in England and Wales, before moving to the litigation department of the London branch of US firm, Jones, Day, Reavis & Pogue.  After two years there, he moved to Australia where he worked for Freehills and Coudert Brothers in Sydney, becoming a solicitor and barrister qualified in New South Wales. He moved to New Zealand in 2005. After 5 years qualified as a barrister and solicitor in New Zealand, practising from LeeSalmonLong in Auckland, he commenced his own practice in 2010. He advised in most aspects of civil and commercial law and appeared at all levels of the New Zealand courts. Whilst a barrister, Tim also remained a solicitor qualified in England and Wales and was a Senior Consultant for two London firms: Ignition Law and London Law Collective.  Both are entrepreneurial law firms, in particular providing specialist corporate, commercial and employment advice to start-ups, scale-ups and entrepreneurs.  Tim was also an Adjunct Instructor of the College of Law in New Zealand.  In 2022, Tim moved back to the United Kingdom, to practise full time as a Director of London Law Collective, advising in England and Wales on corporate and commercial deals and disputes.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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